Chapter 1 General Provisions
This Act is enacted to ensure the rights of defendants under detention and the smooth progression of criminal procedure and to achieve the purpose of detention.
The competent authority under this Act is the Ministry of Justice.
The supervisory authority for detention centers is the Agency of Corrections, Ministry of Justice.
The supervisory authority shall assign officials to inspect detention centers at least once every quarter.
A juvenile court judge may at any time visit a juvenile defendant detained under his or her order.
A criminal defendant who requires detention shall be detained in a detention center.
A juvenile defendant shall be detained in a juvenile detention house. Such juvenile defendants shall be moved to a detention center when they reach twenty years of age.
A detention center shall strictly demarcate the accommodation space for defendants in detention based on their gender.
Where matters regarding the detention of juvenile defendants are provided in other laws, such other laws shall govern.
Detention center personnel should respect the dignity of defendants and protect their human rights in the performance of duties without overstepping the intended purpose of detention and the limits on necessary actions taken to maintain the order of the detention facility.
Detention center personnel shall not discriminate defendants based on race, skin color, sex, language, religion, political affiliation, national origin, ethnicity, social class, wealth, birth, disability or other status.
A detention center shall protect the accessibility rights of defendants with disability inside the detention center and take appropriate measures for reasonable accommodation.
A detention center shall not place a defendant in solitary confinement for more than fifteen (15) days. Where a detention center imposes solitary confinement on a defendant in the execution of its duties in accordance with laws, it shall regularly report to the supervisory authority and assign medical personnel to conduct continuous evaluation of the physical and mental conditions of the defendant. Where medical personnel deems the defendant unfit for continuous solitary confinement, the solitary confinement must be terminated.
To ensure the principle of transparency and to protect the rights and interests of defendants, an independent external inspection panel shall be set up for detention centers. The panel shall consist of three to seven members, each serving a term of two years without pay. The supervisory authority shall report the member candidates to the Ministry of Justice for approval before appointing the members.
The members specified in the preceding paragraph shall be selected from experts and scholars in the field of law, medicine, public health, psychology, crime prevention, or human rights. Neither gender shall constitute less than one-third of all members.
The inspection panel shall conduct inspections and submit quarterly reports on matters related to the operations of a detention center and the rights and interests of defendants. The detention center shall submit such reports through the supervisory authority to the Ministry of Justice for reference and publish the reports in an appropriate public manner where relevant competent authorities will respond to and handle matters related to the report.
Regulations governing the qualifications, appointment (dismissal), inspection method, and authority of the inspection panel members specified in the three preceding paragraphs, the production, submission and publication period of inspection report, and other relevant matters shall be prescribed by the Ministry of Justice.
A detention center may, upon the request of the media, allow the media access to appropriate locations for interviews or visits. It may also, upon the request of the public, allow people access to appropriate locations for visits.