Ministry of Justice to Reduce Labor Prisoners... Expanding Substitute Enforcement of Probation and Community Service for Fines

Government Gwacheon Complex Ministry of Justice.

[Asia Economy Reporter Choi Seok-jin] The Ministry of Justice has decided to significantly reduce the number of labor prisoners who are detained in labor camps and required to perform work when they fail to pay fines or penalties.

This measure comes in response to frequent incidents where labor prisoners, many of whom have underlying health conditions and are often estranged from their families, experience rapid health deterioration or death shortly after being admitted to detention facilities.

The Ministry of Justice plans to actively seek suspended sentences for fines during the trial phase and greatly expand community service as an alternative enforcement to reduce the number of labor prisoners.

On the 11th, the Ministry of Justice disclosed the "Improvement Plan to Prevent Death Incidents of Labor Prisoners," which centers on these measures.

To establish fundamental countermeasures against the consecutive deaths of labor prisoners in correctional facilities, the Ministry of Justice launched the "Labor Prisoner Human Rights Protection Task Force (TF)" in October last year, led by the Director of the Human Rights Bureau.

Since October last year, the TF has conducted in-depth discussions to develop improvement plans for each stage after thoroughly reviewing the entire labor camp detention enforcement procedures, including ▲ investigation and trial ▲ detention order execution at labor camps ▲ laborer detention ▲ release.

Analysis of 21 labor prisoners who died over the past five years by the TF revealed a higher mortality rate compared to general inmates, with most (20 individuals) detained in labor camps for failing to pay small fines of 5 million won or less.

Most were unemployed and without financial means, and were confirmed to lack family ties. Among the 21 deceased, 17 had less than 20,000 won in possession, and except for two, the remaining 19 had no visitors during their detention period, according to the Ministry of Justice.

Additionally, the average number of prior labor camp detentions exceeded three, with most re-admissions occurring in deteriorated health conditions due to homelessness or alcohol addiction.

Without exception, all 21 had underlying conditions such as cerebral infarction, liver disease, lung or heart disease, mental illness, or alcohol addiction, with 14 suffering from multiple severe underlying diseases.

Of the 21 deceased, 5 died within 24 hours of admission, 8 within 48 hours, and 5 within 5 days.

Based on these findings, the TF developed several improvement measures.

First, the Ministry of Justice will reduce the number of inmates actually detained in labor camps by promoting suspended sentences for fines. To this end, prosecutors will actively seek suspended sentences during the investigation and trial phases, considering the circumstances of the accused.

They also plan to pursue legal amendments to allow suspended sentences even when fines are imposed through summary indictments. The Ministry’s Criminal Legislation Division is currently working on amending Article 448 of the Criminal Procedure Act (cases eligible for summary orders) through member-initiated legislation.

Earlier this month, the Ministry of Justice revised the "Prosecutorial Enforcement Rules on Property Penalties," introducing provisions that allow prosecutors to unilaterally decide on installment payments or deferments of fines during the enforcement phase.

For those who have been fined but find it difficult to pay, community service as an alternative enforcement will be actively utilized. To facilitate this, the Ministry plans to amend the "Special Act on Community Service Enforcement for Fine Defaulters."

This amendment will require courts to notify defendants at sentencing that they may apply for community service as an alternative if they have difficulty paying fines, and simplify the submission requirements for proof of indigence.

For those detained in labor camps, the Ministry will introduce a method to verify past medical history linked with the Health Insurance Review and Assessment Service’s Drug Utilization Review (DUR) system within the first half of this year to enable early confirmation of inmates’ health status and medical history.

Furthermore, inmates released after completing labor will be required to undergo alcohol addiction treatment and rehabilitation before release. Vulnerable individuals physically, mentally, or economically will be notified and handed over to relevant agencies to prevent their release without any protective or linkage measures, thereby avoiding exposure to risk situations again in an unprotected state.

A Ministry of Justice official stated, "We will promptly implement these improvement measures or establish detailed guidelines, swiftly complete follow-up actions such as related legal amendments, and continuously strive to prevent recurrence of death incidents among labor prisoners."

This content was produced with the assistance of AI translation services.