"Prison Overcrowding Suffering"... Inmates Win Class Action Lawsuit

Court Orders "Pay 60 Million Won in Compensation"

On the afternoon of the 26th, when the alternative service system for conscientious objectors based on religious beliefs or nonviolence and pacifism was first implemented, the entrance ceremony for 63 conscientious objectors was held at the Alternative Service Training Center inside Daejeon Prison, with the entrants entering the ceremony hall.
2020.10.26 Photo by Joint Press Corps

Fifty inmates nationwide filed a class-action lawsuit against the state, claiming they suffered due to overcrowding in correctional facilities, and won.

According to the legal community on the 4th, Judge Kim Hyun-joo of the Civil Division 47 at the Seoul Central District Court recently ruled partially in favor of the plaintiffs, ordering the state to pay a total of 60.25 million KRW plus delayed damages in a compensation lawsuit filed by 50 inmates who had been held in prisons and detention centers against the Republic of Korea.

The plaintiffs filed the lawsuit in 2021, claiming that while confined in correctional facilities, they were overcrowded in spaces less than 2 square meters per person, suffering mental and physical distress, and sought a total of 136 million KRW in damages, ranging from 2 to 3 million KRW per person.

The court stated, "The state's act of confining inmates in living rooms with a floor area of less than 2 square meters per person on the blueprint should be regarded as an illegal act that infringes on human dignity and value," thereby recognizing the state's liability for compensation.

Furthermore, the court ruled, "The living rooms in correctional facilities must be equipped with an adequate level of space, lighting, ventilation, and heating facilities so that inmates can live healthily. If the area per person is so narrow that even daily life according to basic human needs becomes difficult, it should be considered an infringement on human dignity and value unless there are special circumstances."

The court also acknowledged, based on experience, that the plaintiffs suffered mental distress due to overcrowding, awarding 1.5 million KRW each to 35 inmates who were overcrowded for more than 300 days, and 700,000 KRW each to 11 inmates who were overcrowded for between 100 and 300 days.

However, the court took into account the government's efforts to secure budgets for new correctional facilities and consult with local communities, as well as the periods during the inmates' confinement when isolation was necessary due to COVID-19 outbreaks.

Last July, the Supreme Court recognized for the first time the state's obligation to compensate, ruling that assigning less than 2 square meters of space per inmate in prisons and detention centers constitutes an illegal act.

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