Act On The Execution Of Criminal Penalties In The Armed Forces And The Treatment Of Military Inmates


Published: 2011-08-04

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PART I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters necessary for the promotion of the correction and education of military inmates and their returning to the society with sound mind, the treatment of military inmates, their rights, and the operation of military correctional institutions.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "military prisoner" means a person upon whom a sentence of imprisonment with or without prison labor or penal detention imposed pursuant to the Military Court Act has become final and conclusive or a person who is subject to an order issued pursuant to Article 533 of the aforesaid Act to detain him/her in a workhouse for his/her failure to pay a fine or a minor fine;
2. The term "military detainee pending trial" means a criminal suspect or a criminal defendant arrested or detained by executing a warrant of confinement pursuant to the Military Court Act;
3. The term "death row inmate" means a person upon whom a sentence of death penalty imposed pursuant to the Military Court Act became final and conclusive but has not been executed yet;
4. The term "military inmate" means a military prisoner, a military detainee pending trial, or a person who is detained in a military correctional institution, a branch of a military correctional institution, or a military detention facility for detainees pending trial (hereinafter referred to as "military correctional facility") in accordance with law and due process;
5. The term "warden" means the head of a military correctional institution, the head of a branch of a military correctional institution, or the commander of a military unit with a military detention facility installed for detainees pending trial;
6. The term "military correctional officer" means an officer, a warrant officer, a noncommissioned officer, or a civilian military employee who is in charge of the custody of military inmates and the operation and safeguard of a military correctional facility.
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 Article 3 (Scope of Application)   print
This Act shall apply to the premises of each military correctional facility and other area in which a military correctional officer (hereinafter referred to as "correctional officer") shall have the custody of a military inmate, where the correctional officer's control is required.
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 Article 4 (Establishment of Military Correctional Facilities, etc.)   print
(1) The Army, the Navy, and the Air Force shall each have a military correctional institution (hereinafter referred to as "correctional institution") in order to carry out affairs relating to the execution of criminal order ties, and each correctional institution may have branches as may be necessary, the Minister of National Defense may, if he/she considers necessary, decide to merge correctional institutions for integrated operation.
(2) Each correctional institution or a military unit specified by Presidential Decree may have a military detention facility for detainees pending trial (hereinafter referred to as "provisional detention facility") in order to incarcerate military detainees pending trial.
(3) Each correctional institution and each branch of a correctional institution shall be put under the command and supervision of the competent Chief of Staff (hereinafter referred to as the "competent Chief of Staff").
(4) The Minister of National Defense, as the supreme supervisor of military correctional administration, shall command and supervise Chiefs of Staff.
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 Article 5 (Respect for Human Rights)   print
Human rights of military inmates shall be respected to the maximum in enforcing this Act.
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 Article 6 (Prohibition of Discrimination)   print
No military inmate shall be discriminated without a reasonable cause on the ground of gender, religion, disability, age, social status, place of birth, physical conditions such as personal appearance, medical history, marital status, political opinion, sexual inclination, or the like.
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 Article 7 (Inspection Rounds of Military Correctional Facilities)   print
The Minister of National Defense and each Chief of Staff shall carry out an inspection round of military correctional facilities or assign public officials under their control to carry out such an inspection round at least once a year in order to assess the actual conditions of the operation of military correctional facilities, the service of correctional officers, the treatment and human rights of military inmates.
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 Article 8 (Inspections and Observations of Military Correctional Facilities)   print
(1) Each military judge and each military prosecutor may inspect military correctional facilities, if necessary for his/her performance of duty.
(2) Any person other than military judges and military prosecutors shall, if he/she intends to visit a military correctional facilities for observations, clearly state a good reason for observations, such as academic research, to obtain permission from the warden.
(3) Necessary matters concerning the inspections and observations under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
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 Article 9 (Duties of Correctional Officers)   print
Except as provided for in this Act, the duties of correctional officers shall be prescribed by Ordinance of the Ministry of National Defense.
PART Ⅱ TREATMENT OF MILITARY INMATES
CHAPTER I INCARCERATION
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 Article 10 (Separate Incarceration)   print
Military inmates shall be incarcerated separately in accordance with the following subparagraphs:
1. Correctional Institutions (including branches; the same shall apply hereinafter): Military prisoners;
2. Provisional detention facilities: Military detainees pending trial.
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 Article 11 (Exceptions to Separate Incarceration)   print
(1) In any of the following cases, a military detainee pending trial may be incarcerated in a correctional institution:
1. If the number of detainees who are incarcerated in a provisional detention facility exceeds the full number of detainees and it is difficult to operate the provisional detention facility in normal conditions;
2. If it is necessary to prevent the destruction of evidence of a crime or there is any exceptional circumstance otherwise.
(2) The commander of a military unit with a provisional detention facility may, if there is any exceptional circumstance, keep incarcerating a military prisoner, who shall be otherwise transferred to a correctional institution, in the facility for not more than three months.
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 Article 12 (Segregated Incarceration)   print
(1) Men and women shall be segregated from one another in incarceration.
(2) Where military prisoners and military detainees pending trial shall be incarcerated in the same military correctional facility, military prisoners and military detainees shall be segregated from one another.
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 Article 13 (Solitary Incarceration)   print
(1) Each military inmate shall be put in solitary incarceration: Provided, That military inmates may be put in shared incarceration in any of the following cases:
1. If there is a shortage of cells for solitary incarceration or there is no sufficient facility;
2. If it is necessary for the protection of the life and body of military inmates and their emotional stability;
3. If it is necessary for the education of military prisoners or their returning to the society with sound mind.
(2) Except as provided for in paragraph (1), necessary matters concerning solitary incarceration, such as the classification of solitary incarceration shall be prescribed by Presidential Decree.
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 Article 14 (Shared Incarceration)   print
(1) In the case of shared incarceration, military inmates that may be incarcerated in each cell shall be classified in accordance with the following subparagraphs: Provided, That military inmates may be segregated by classifying them with the nature of crime, character, criminal records, age, career, attitude to prison life, and other personal characteristics of each military inmate:
1. General-grade officers and civilian military employees entitled to equivalent treatment;
2. Officers other than general-grade officers, warrant officers, and civilian military employees or officer candidates entitled to equivalent treatment;
3. Enlisted soldiers;
4. Persons other than those specified in subparagraphs 1 through 3.
(2) Except as provided for in paragraph (1), necessary matters concerning the standards for the number of persons in shared incarceration and the restrictions on shared incarceration shall be prescribed by Presidential Decree.
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 Article 15 (Incarceration of New Inmates, etc.)   print
(1) In committing a new inmate to a military correctional facility (hereinafter referred to as "new inmate"), the warden, as a custodian of military inmates, shall examine the written command of execution, written judgment, and other documents necessary for incarceration.
(2) The warden shall provide a new inmate with a medical examination conducted by a military doctor, as prescribed by Presidential Decree.
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 Article 16 (Incarceration of Patients of Communicable Disease)   print
(1) The warden shall, if he/she discovers that a person who suffers from a communicable disease that is likely to be hazardous to others' health (referring to a communicable disease under subparagraph 1 of Article 2 of theInfectious Disease Control and Prevention Act; the same shall apply hereinafter), notify the agency commanding the incarceration and the head of the competent public health clinic of his/her discovery without delay, report it to the Minister of National Defense, and may discontinue the incarceration of such a person in compliance with the countermeasures taken by the Minister of National Defense. <Amended by Act No. 9847, Dec. 29, 2009>
(2) The Minister of National Defense shall, upon receiving a report pursuant to paragraph (1), take necessary countermeasures without delay, as provided for in the Infectious Disease Control and Prevention Act. In such cases, Article 38 (2) and (3) shall apply mutatis mutandis to persons who are incarcerated in any place other than military correctional facilities. <Amended by Act No. 9847, Dec. 29, 2009>
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 Article 17 (Matters subject to Notice)   print
The warden shall ensure that the competent correctional officer shall notify a new inmate or a person transferred from another military correctional facility of the following matters, verbally or in writing:
1. The beginning and ending dates of his/her term of imprisonment;
2. Matters concerning visitation, correspondence, and other rights of inmates;
3. Matters concerning petitions, appeals under the National Human Rights Commission Act, and other remedies for rights;
4. Matters concerning punishment, discipline, and other duties of inmates;
5. Daily routine and other basic matters necessary for prison life.
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 Article 18 (Photographing, etc.)   print
(1) The warden shall take photographs and fingerprints, give a military inmate identification number, and take other measures prescribed by Presidential Decree within the necessary extent in order to identify each new inmate and each person transferred from another military correctional facility.
(2) The warden may, if necessary for purposes of incarceration, take measures under paragraph (1) to inmates already in prison as well.
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 Article 19 (Transfer of Military Inmates)   print
The warden may, if he/she considers that it is necessary for the incarceration, working, education, medical care, or other treatment of a military inmate, or the facility is insufficient, or it is necessary for the safety of facilities and the maintenance of order, transfer the military inmate to another military correctional facility, subject to prior approval from the competent Chief of Staff: Provided, That the transfer of a military inmate from a military correctional facility under the jurisdiction of a Chief of Staff to a military correctional facility under the jurisdiction of another Chief of Staff shall be subject to prior approval from the Minister of National Defense.
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 Article 20 (Transfer of Military Inmates to Civilian Correctional Institutions, etc.)   print
(1) The Minister of National Defense may, if necessary, incarcerate a military inmate in a civilian correctional institution or detention center, subject to prior consent of the Minister of Justice: Provided, That female military inmates shall be incarcerated in civilian correctional institutions or detention centers, unless there is any exceptional circumstance to the contrary.
(2) As to military inmates incarcerated in a civilian correctional institution or a detention center pursuant to paragraph (1), the Administration and Treatment of Correctional Institution Inmates Act shall apply.
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 Article 21 (Notice of Incarceration to Families)   print
The warden shall, upon receiving a new inmate or a person transferred from another military correctional facility, notify a family member (referring to the spouse, a lineal ascendant or descendant, or a sibling; the same shall apply hereinafter) of the military inmate thereof without delay: Provided, That the foregoing shall not apply if a military inmate does not want such notice.
CHAPTER Ⅱ SUPPLY OF GOODS
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 Article 22 (Supply of Clothes, Bedclothes, etc.)   print
(1) The warden shall supply each military inmate with clothes, bedclothes, and other necessities suitable for the maintenance of health, taking into consideration of the military inmate's health, the season, etc.
(2) Necessary matters concerning the standards for the supply of clothes, bedclothes, and other necessities under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 23 (Supply of Foods)   print
(1) The warden shall supply each military inmate with foods necessary for the maintenance of his/her health and physical strength, taking into consideration the condition of his/her health, age, the type of work assigned, and other personal characteristics.
(2) Necessary matters concerning the categorization of foods supplied pursuant to paragraph (1) and the method of supply shall be prescribed by Presidential Decree, while further details necessary for the specific standards for the supply of foods shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 24 (Purchase of Goods at One's Own Expense)   print
(1) A military inmate may purchase foods, clothes, bedclothes, and other goods necessary for prison life at his/her own expense, subject to prior permission from the warden.
(2) Matters concerning the criteria for the permission for purchases of goods at one's own expense under paragraph (1) shall be prescribed by Presidential Decree, while matters concerning the kinds of goods that may be purchased at one's own expense and the supply and inspection of such goods shall be prescribed by Ordinance of the Ministry of National Defense.
CHAPTER Ⅲ CUSTODY OF MONEY AND GOODS
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 Article 25 (Keeping Personal Effects in Custody, etc.)   print
(1) The warden shall keep each military inmate's personal effects (referring to cash, cashier's checks, and other personal effects that a military inmate carries with him/her when he/she is committed to a military correctional facility; the same shall apply hereinafter) in the custody of the military correctional facility: Provided, That the warden may permit a military inmate to dispatch personal effects that fall under any of the following subparagraphs to a person designated by him/her or to dispose of such personal effects in any other proper manner:
1. Things that are likely to be decomposed or perished;
2. Things that are not suitable for keeping in custody in view of the type or size of goods;
3. Things that are likely to be hazardous to human life or body;
4. Things that are likely to undermine the safety or order of facilities;
5. Other things that are not worth keeping in custody.
(2) The warden may discard personal effects of which a military inmate shall dispose otherwise in accordance with the proviso to paragraph (1), if the inmate fails to dispose of them within a reasonable time.
(3) Necessary matters concerning the keeping in custody and use of a military inmate's personal effects and exceptions to keeping such personal effects in custody shall be prescribed by Presidential Decree.
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 Article 26 (Military Inmates' Possession of Goods, etc.)   print
(1) Each military inmate may possess letters, books, and other goods necessary for prison life within the extent determined by the Minister of National Defense.
(2) If a military inmate possesses goods that do not fall within the permitted extent of possession under paragraph (1) and that are not considered particularly necessary for keeping in the custody of the military correctional facility, the warden may order the military inmate to dispatch such goods to a person designated by the inmate or to dispose of such goods in any other proper manner.
(3) The warden may discard goods of which a military inmate shall dispose otherwise in accordance with paragraph (2), if the inmate fails to dispose of them within a reasonable time.
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 Article 27 (Delivery of Money or Goods to Military Inmates)   print
(1) If any person who is not a military inmate files an application for the delivery of money or goods to a military inmate, the warden shall permit such delivery, except for any of the following cases:
1. Where such delivery is likely to be harmful to the education of a military prisoner or the military prisoner's returning to the society with sound mind;
2. Where such delivery is likely to undermine the safety or order of facilities.
(2) The warden shall inspect money or goods that he/she permits to be delivered pursuant to paragraph (1) before allowing the military inmate to use them, as prescribed by Presidential Decree.
(3) The warden shall return money or goods delivered to a military inmate, if the inmate refuses to accept them or such delivery falls under any subparagraph of paragraph (1).
(4) If it is impossible to verify by whom money or goods have been sent or the sender's address is not clearly verifiable in the case of paragraph (3), the warden shall give public notice, and such money or goods shall escheat to the national treasury after the lapse of six months from the date of public notice, if no one claims the delivery of such money or goods.
(5) The warden shall, when he/she takes a measure pursuant to paragraph (3) or (4), notify the military inmate involved of the fact.
(6) Except as provided for in paragraphs (1) through (5), necessary matters concerning the permission for the delivery of money or goods to a military inmate shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 28 (Delivery of Money or Goods Left Behind)   print
(1) The warden shall, if there are money or goods left behind by a decedent or a runaway, notify the heir of the decedent or the family of the runaway of the details thereof and the procedure for filing a claim for delivery: Provided, That things that are likely to be decomposed or perished may be discarded.
(2) The warden shall, upon receiving a claim for money or goods under paragraph (1), deliver such money or goods without delay: Provided, That such money or goods shall escheat to the national treasury after the lapse of one year from the day on which the notice under paragraph (1) was delivered (or the day on which the cause of the claim arose, if it is impossible to give notice), if no one files a claim for such money or goods.
(3) Notwithstanding the main sentence of paragraph (2), the warden may sell money or goods and deliver proceeds therefrom to the heir or family, if there is any exceptional circumstance that makes it difficult to deliver money or goods under paragraph (1) as they are.
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 Article 29 (Permission for Use of Money or Goods Kept in Custody)   print
If a military inmate files an application for using money or goods kept in custody to support the livelihood of his/her parents, spouse, or children or for any other right purpose, the warden may permit such use in accordance with the criteria and procedure prescribed by Presidential Decree.
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 Article 30 (Return of Money or Goods Kept in Custody)   print
A military inmate's money and goods that have been kept in custody shall be returned to the military inmate when he/she is released.
CHAPTER Ⅳ SANITATION AND MEDICAL CARE
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 Article 31 (Duty to Take Measures for Sanitation and Medical Care)   print
The warden shall take measures proper for sanitation and medical care necessary for military inmates' health life.
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 Article 32 (Maintenance of Cleanness)   print
The warden shall ensure that all facilities and instruments that military inmates use shall be maintained clean all the times.
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 Article 33 (Duty to Clean)   print
(1) Each military inmate shall keep his/her body and clothes clean and shall cooperate in keeping clean the cell that he/she uses, workshops, and prison facilities.
(2) Each military inmate shall keep his/her hair and beard proper for sanitation.
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 Article 34 (Physical Exercise and Bathing)   print
(1) The warden shall allow military inmates to take physical exercises and baths necessary for the maintenance of health on a regular basis.
(2) Necessary matters concerning the time for physical exercise and the frequency of bathing under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 35 (Medical Examination)   print
(1) The warden shall conduct medical examinations of military inmates on a regular basis.
(2) Necessary matters concerning the frequency of medical examinations under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 36 (Countermeasures against Communicable Diseases, etc.)   print
(1) The warden shall, if he/she considers necessary for preventing an occurrence and spread of a communicable disease or other disease that is likely to be epidemic or contagious, carry out vaccinations of military inmates, isolate or transfer military inmates, or take other necessary measures. <Amended by Act No. 9847, Dec. 29, 2009>
(2) Necessary matters concerning the warden's measures under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 37 (Medical Treatment for Injured Persons, etc.)   print
The warden shall provide military inmates who sustain an injury or suffer from a disease with proper medical treatment and may take other necessary measures for such inmates, as prescribed by Presidential Decree.
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 Article 38 (Medical Treatment in Military Hospitals and External Medical Facilities, etc.)   print
(1) The warden may, if he/she considers necessary for proper medical treatment of a military inmate, permit the military inmate to receive medical treatment in a military hospital or any medical facility other than a military hospital (hereinafter referred to as "external medical facility").
(2) A person who is permitted to receive medical treatment in a military hospital or an external medical facility pursuant to paragraph (1) shall be treated as similarly as a military inmate.
(3) If a military inmate is permitted to receive medical treatment at a military hospital or an external medical facility pursuant to paragraph (1), the warden shall notify his/her family (referring to a person designated by the military inmate, if he/she has no family) of the fact without delay: Provided, That the foregoing shall not apply if the military inmate does not want such notice.
(4) If a military inmate receives medical treatment in an external medical facility for an injury that he/she sustained by his/her intentional conduct or gross negligence, the warden may require the military inmate to bear the medical expense fully or partially.
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 Article 39 (Medical Treatment at One's Own Expense)   print
If a military inmate desires to receive medical treatment at his/her own expense from a doctor who works for an external medical facility (hereinafter referred to as "outside doctor"), the warden may permit the medical treatment, taking a military doctor's opinion into consideration.
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 Article 40 (Environment of Medical Treatment, etc.)   print
(1) Each correctional facility shall be equipped with medical human resources and facilities necessary for medical treatment of military inmates.
(2) If a warden suspects that a military inmate suffers from a mental disorder, he/she shall allow such military inmate to undergo medical treatment by a military doctor from a department of mental health medicine. <Amended byAct No. 11005, Aug. 4, 2011>
(3) Every doctor from outside who provides medical treatment to a military inmate shall observe rules prescribed by the Minister of National Defense.
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 Article 41 (Medical Treatment against Military Inmate's Will)   print
(1) The warden shall, if a military inmate refuses to receive medical treatment or take foods, assign a military doctor to observe the inmate, give advice to him/her, or persuade him/her.
(2) If a military inmate keep refusing to receive medical treatment or take foods, despite measures taken pursuant to paragraph (1) and thus his/her life is anticipated to be in imminent peril, the warden may assign a medical doctor to provide proper medical treatment or supply nutrients.
CHAPTER Ⅴ VISITATION, CORRESPONDENCE, AND TELEPHONE CONVERSATION
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 Article 42 (Visitation)   print
(1) A military inmate may receive visitors from outside of the military correctional facility: Provided, That the foregoing shall not apply to any of the following cases:
1. Where a violation of any criminal Act or subordinate statute is likely to be committed;
2. Where a decision is made to prohibit visits pursuant to the Military Court Act or other Act;
3. A visit is likely to be harmful to the education of a military prisoner or his/her returning to the society with sound mind;
4. A visit is likely to undermine the safety or order of facilities.
(2) In any of the following cases, the warden may order the competent correctional officer to listen to or record the details of a military inmate's meeting with a visitor, in writing or with an audio or video recording system. In such cases, neither the military inmate at the meeting nor the person who is not a military inmate shall use any foreign language, unless it is difficult for them to communicate with each other in Korean language:
1. Where the destruction of evidence of a crime or the commission of a violation of any criminal Act or subordinate statute is likely to be attempted;
2. Where it is necessary for the education of a military prisoner or his/her returning to the society with sound mind;
3. Where it is necessary for the safety and the maintenance of order of facilities.
(3) If a meeting with a visitor is to be recorded with an audio or video recording system pursuant to paragraph (2), such intended recording shall be notified to the military inmate concerned and his/her visitor in advance.
(4) Necessary matters concerning the frequency, hours, place, and method of visits to each type of military inmates, the listening to and recording of meetings with visitors in writing or with an audio or video recording system under paragraph (2), and the control of records of meetings shall be prescribed by Presidential Decree.
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 Article 43 (Interruption of Visits, etc.)   print
In any of the following cases, a correctional officer may interrupt a military inmate's meeting with his/her visitor:
1. If either of them destroys or attempts to destroy evidence of a crime;
2. If they give and take, or attempt to give or take, a prohibited thing under Article 79;
3. If either of them commits or attempts to commit a violation of any criminal Act or subordinate statute;
4. If either of them spreads a false fact with regard to the treatment of military inmates or the operation of the military correctional facility;
5. If either of them commits or attempts to commit an act that is likely to be harmful to the education of the military prisoner or his/her returning to the society with sound mind;
6. If either of them commits or attempts to commit an act that undermines the safety or order of facilities.
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 Article 44 (Correspondence)   print
(1) A military inmate may exchange letters with others: Provided, That the foregoing shall not apply to any of the following cases:
1. If a decision is made to prohibit correspondence or to seize letters pursuant to the Military Court Act or other Act;
2. If correspondence is likely to be harmful to the education of a military prisoner or his/her returning to the society with sound mind;
3. If correspondence is likely to undermine the safety or order of facilities.
(2) Notwithstanding the main sentence of paragraph (1), correspondence between military inmates incarcerated in the same military correctional facility shall be subject to prior permission from the warden.
(3) The warden may examine letters sent and received by a military inmate to verify whether the letters contain anything prohibited by an Act or subordinate statute.
(4) The contents of letters sent and received by a military inmate shall not be censored: Provided, That the foregoing shall not apply to any of the following cases:
1. If the sender or the addressee of a letter is unidentifiable;
2. If a decision is made to censor letters pursuant to the Military Court Act or other Act;
3. If there is a sufficient ground to suspect that a letter includes a content falling under paragraph (1) 2 or 3 or a content in contravention of any criminal Act or subordinate statute;
4. If letters have been exchanged between military inmates specified by Presidential Decree.
(5) The warden may prohibit sending or receiving letters, if he/she discovers as a result of the examination or censorship under paragraph (3) or the proviso to paragraph (4) that a military inmate's letter contains a thing prohibited by any Act or subordinate statute or that the contents of a letter fall under any of the following subparagraphs:
1. If a letter is written with secret codes, symbols, or incomprehensible special characters;
2. If the evidence of a crime is likely to be destroyed;
3. If a letter includes a content in contravention of any criminal Act or subordinate statute;
4. If a letter contains an obviously false fact with regard to the treatment of military inmates or the operation of the correctional facility;
5. If a letter is likely to invade a secret or the freedom of privacy;
6. If a letter is likely to be harmful to the education of a military prisoner or his/her returning to the society with sound mind;
7. If a letter is likely to undermine the safety or order of facilities.
(6) The warden shall dispatch or deliver a military inmate's letter without delay, if he/she finds as a result of the examination under paragraph (3) or the censorship under the proviso to paragraph (4) that the letter does not fall under any subparagraph of paragraph (1) or (5).
(7) With regard to a letter that the warden prohibits sending or receiving pursuant to the proviso to paragraph (1) or paragraph (5), the warden shall keep such a letter in the custody of the military correctional facility after notifying the military inmate of the ground for prohibition: Provided, That such a letter may be discarded if the military inmate consents.
(8) Necessary matters concerning the frequency of dispatch of letters under paragraphs (1) through (5), the method of the examination of contents of letters, and the procedure for the censorship of contents of letters shall be prescribed by Presidential Decree.
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 Article 45 (Telephone Conversation)   print
(1) A military inmate may talk to a person outside of the military correctional facility over the phone with permission from the warden.
(2) A condition may be attached to the permission under paragraph (1) to listen to or record a telephone conversation with an audio recording system.
(3) As to telephone conversations of a military inmate, the latter part of Article 42 (2) and Article 43 shall apply mutatis mutandis.
(4) Whenever it is intended to listen to or record a telephone conversation with an audio recording system pursuant to paragraph (2), it shall be notified in advance to the military inmate and the other party on the phone.
(5) The permissible scope of a telephone conversation under paragraphs (1) and (2) and necessary matters concerning listening to and recording of telephone conversations shall be prescribed by Presidential Decree.
CHAPTER Ⅵ RELIGION AND CULTURE
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 Article 46 (Attendance at Religious Events, etc.)   print
(1) A military inmate may attend religious ceremonies and events held in the military correctional facility and may take personal religious counsel.
(2) A military inmate may possess books or articles necessary for his/her religious activities.
(3) The warden may place restrictions on matters provided for in paragraphs (1) and (2) in any of the following cases:
1. Where restrictions are necessary for the education of military inmates or their returning to the society with sound mind;
2. Where restrictions are necessary for the safety and the maintenance of order of facilities.
(4) Necessary matters concerning the kinds of religious events held in military incarceration facilities pursuant to paragraphs (1) through (3), the persons eligible for the attendance at such events and the method of attendance, the persons eligible for religious counselling and the method of counselling, the allowable scope of the possession of religious books and articles shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 47 (Keeping and Use of Books)   print
The warden shall keep books necessary for military inmates' cultivation of knowledge and acquirement of culture so that military inmates can use the books.
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 Article 48 (Subscription for Newspapers, etc.)   print
(1) A military inmate may apply for the subscription for any newspaper, magazine, or book (hereinafter referred to as "newspaper or periodical") at his/her expense.
(2) The warden shall permit the subscription for a newspaper or periodical, except where the newspaper or periodical for which an application for the subscription is filed pursuant to paragraph (1) is a harmful publication under the Publishing Industry Promotion Act.
(3) The scope and number of newspapers or periodicals for which subscription may be applied pursuant to paragraph (1) and necessary matters concerning the cancellation of the permission for subscription shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 49 (Listening to Radio and Viewing Television)   print
(1) Military inmates may listen to radio and view television for their emotional stability and the acquirement of culture, as prescribed by Presidential Decree.
(2) The warden may temporarily ban military inmates from listening to radio or viewing television or may prohibit a military inmate individually from listening to radio or viewing television in any of the following cases:
1. If it is likely to be harmful to the education of military prisoners or their returning to the society with sound mind;
2. If it is necessary for the safety and the maintenance of order of facilities.
(3) Necessary matters concerning the broadcasting system, broadcasting programs, and broadcasting hours under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 50 (Writing, Drawing, Painting, etc.)   print
(1) Military inmates may prepare documents, making drawings and paintings, or write works on literature, art, science, or other subject: Provided, That the foregoing shall not apply if the warden concludes that there is a clear danger that such activities will undermine the safety or order of facilities.
(2) Article 26 shall apply mutatis mutandis to the possession and disposal of documents, drawings, or paintings prepared, written, or made in accordance with paragraph (1).
(3) Article 44 (7) shall apply mutatis mutandis, if a document, drawing, or painting prepared, written, or made in accordance with paragraph (1) falls under any subparagraph of Article 44 (5).
(4) Necessary matters concerning tools for writing, drawing, or painting under paragraphs (1) through (3), the hours and place of writing, drawing, or painting, and taking outside documents, drawings, paintings prepared, written, or made shall be prescribed by Presidential Decree.
CHAPTER Ⅶ TREATMENT OF MILITARY INMATES
SECTION 1 Common Provisions
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 Article 51 (Principles for Treatment of Military Inmates)   print
(1) Military prisoners shall be treated properly to promote their correction and education through educational and corrective programs, working, and vocational training and to raise their abilities to adapt themselves to social life.
(2) The warden may measure and evaluate the humanity, behavioral characteristics, and quality of each military inmate, the degree of penance, reward and punishment, work performance, and achievements in education and training as prescribed by Ordinance of the Ministry of National Defense and may reflect the results from such measurement and evaluation in the treatment of the military inmate.
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 Article 52 (Counselling by Outside Specialists, etc.)   print
The warden may, if necessary for the education of military prisoners or their returning to the society with sound mind, retain outside specialists with good knowledge of pedagogy, penology, criminology, sociology, psychology, or medical science or good experience in correction to give counsel, provide psychotherapy, or provide guidance for life to military prisoners.
SECTION 2 Educational and Corrective Programs
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 Article 53 (Education)   print
(1) The warden may provide education to military inmates so that they can acquire knowledge and backgrounds necessary for their returning to the society with sound mind.
(2) The warden may, if necessary for the education under paragraph (1), permit military inmates to attend an outside educational institution or entrust an outside educational institution with the education of military inmates.
(3) Each military prisoner attending an educational program shall faithfully abide by Acts and subordinate statutes relating to education, school rules, and guidelines determined by the warden for the management of education.
(4) Necessary matters concerning the selection of persons eligible for education under paragraphs (1) and (2) and the cancellation of such selection, curricula, the attendance at an outside educational institution, and entrusted education shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 54 (Corrective Programs)   print
(1) The warden shall conduct counselling, psychotherapy, and other corrective programs for the correction and enlightenment of military inmates.
(2) Necessary measures concerning the kinds and contents of corrective programs under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense.
SECTION 3 WORKING AND VOCATIONAL TRAINING
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 Article 55 (Assignment of Works)   print
(1) Works assigned to each military prisoner shall be appropriate for learning skills for his/her returning to the society with sound mind and inspire his/her desire to work.
(2) In assigning work to each military prisoner, the warden shall take into consideration the military prisoner's age, term of imprisonment, state of health, skills, character, hobbies, career, future livelihood, and other situation.
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 Article 56 (Duty to work)   print
Each prisoner owes the duty to perform works assigned to him/her and other labor.
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 Article 57 (Works upon Application)   print
The warden may assign works to a person who serves his/her term of imprisonment without prison labor or penal detention upon his/her application.
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 Article 58 (Works Requiring Commuting Outside)   print
(1) The warden may permit military inmates to commute to/from an outside business entity and work there, if necessary for their returning to the society with sound mind and facilitating their learning of skills.
(2) Necessary matters concerning the criteria for the selection of persons eligible for works that require commuting outside, outside business entities, and the cancellation of such selection under paragraph (1) shall be prescribed by Ordinance of the Ministry of National Defense, and other necessary matters concerning the operation of works that require commuting outside shall be determined by the Minister of National Defense.
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 Article 59 (Training for Development of Occupational Skills)   print
(1) The warden may conduct training programs for the development of occupational skills (hereinafter referred to as "occupational training") so that military prisoners can learn and improve their skills for their returning to the society with sound mind.
(2) The warden may, if necessary for occupational training of military prisoners, entrust an external institution or organization with such training.
(3) Necessary matters concerning the criteria for the selection of persons eligible for occupational training under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 60 (Treatment for Concentrated Labor)   print
(1) The warden may, when he/she assigns any work under Article 58, the training under Article 59 (2), or other work that requires concentrated labor to a military prisoner upon the application of the military prisoner, place restrictions on treatment, such as visitation, telephone conversations, education, and the attendance on common events: Provided, That if a restriction is placed on visitation or telephone conversations, the military prisoner shall be permitted to receive visitors or have telephone conversations on official holidays, Saturdays, other holidays specified by Presidential Decree, and days on which the military inmate is off duty.
(2) The warden shall fully explain the details of restrictions on treatment to a military prisoner before he/she assigns a work to the military prisoner or puts him/her in a training course pursuant to paragraph (1).
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 Article 61 (Work on Holiday)   print
No work shall be assigned on official holidays, Saturdays, and other holidays specified by Presidential Decree: Provided, That the foregoing shall not apply to cooking, cleaning, nursing, and other specially required works.
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 Article 62 (Exemption from Working)   print
(1) The warden shall exempt a military prisoner from working for two days, if a family member of the military prisoner or a lineal ascendant of his/her spouse dies, or for one day on each anniversary of the death of his/her parent or spouse: Provided, That the foregoing shall not apply if a military prisoner desires to work continuously.
(2) If a military prisoner is injured, suffers from a disease, or has an exceptional cause that makes it difficult for him/her to continue working, the warden may exempt the military prisoner from working until the cause or event terminates.
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 Article 63 (Revenue from Works, etc.)   print
(1) Revenue from works shall be accounted for as revenue for the national treasury.
(2) The warden may pay work incentives to military prisoners in order to inspire military prisoners' desire to work and assist them in returning to the society with sound mind, taking into consideration the type of work, work performance, results of correction, and other circumstances, as determined by the Minister of National Defense.
(3) The work incentives under paragraph (2) shall be paid to military prisoners when each of them is released: Provided, That such work incentives may be fully or partially paid even before a military prisoner is released, if particularly necessary for supporting the livelihood of his/her family, correction, or his/her returning to the society with sound mind.
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 Article 64 (Consolation Money, Solatium)   print
(1) If any of the following events occurs to a military prisoner, the warden may pay consolation money or solatium, as determined by the Minister of National Defense:
1. If a military prisoner has his/her body impaired due to an injury or a disease that he/she sustained or contracted while working or occupational training;
2. If a military prisoner dies while working or due to a work or an occupational training program.
(2) Consolation money shall be paid to a military prisoner him/herself when he/she is released, while solatium shall be paid to a military prisoner's heir.
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 Article 65 (Relationships with Other Compensation and Damages)   print
If a person who is eligible for consolation money or solatium under Article 64 has received an amount equivalent to the consolation money or solatium in accordance with the Civil Act or other Act or subordinate statute from the State for an identical cause, the consolation money or solatium equivalent to the amount shall not be paid.
SECTION 4 Temporary Release
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 Article 66 (Temporary Release)   print
(1) If a military prisoner who has served for not less than six months and at least one third of his/her term of imprisonment (referring to seven years in the case of imprisonment for a specified period of not less than 21 years or for life) and whose performance of correction is excellent falls under any of the following subparagraphs, the warden may permit a temporary release (referring to going out of prison and staying outside overnight for a specified period in a specified place; the same shall apply hereinafter) for not more than 20 days each year:
1. If any family member of a military prisoner or a lineal ascendant of his/her spouse is critically ill;
2. If a military prisoner needs to be admitted to an external medical facility due to a disease or an accident;
3. If any family member of a military prisoner, a lineal ascendant of his/her spouse, or a military prisoner him/herself has sustained or is likely to sustain irrecoverable severe damage on property due to a natural disaster or other calamity;
4. If there is other cause specified by Ordinance of the Ministry of National Defense for correction or returning to the society with sound mind.
(2) The warden may permit special temporary release for not more than five days to a military prisoner to whom any of the following events occurs, notwithstanding paragraph (1):
1. When one of his/her family members or a lineal ascendant of his/her spouse dies;
2. When the wedding ceremony for his/her lineal descendant is held.
(3) The warden may, when he/she permits temporary release, place restrictions on abode or attach other necessary conditions to the permission, as prescribed by Ordinance of the Ministry of National Defense.
(4) The period of temporary release under paragraphs (1) and (2) shall be included in the executed term of imprisonment.
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 Article 67 (Cancellation of Temporary Release)   print
The warden may cancel temporary release, if a military prisoner who is temporarily released falls under any of the following subparagraphs:
1. If it is found that the cause or event for the permission of temporary release has never occurred;
2. If the military prisoner violated a restriction on abode or other condition attached to the permission for temporary release.
CHAPTER Ⅷ TREATMENT OF MILITARY DETAINEES PENDING TRIAL
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 Article 68 (Principles for Treatment of Military Detainees Pending Trial)   print
Each military detainee pending trial shall be presumed to be innocent and shall be entitled to reasonable treatment accordingly.
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 Article 69 (Prohibition of Observations)   print
Any person who is not a military judge, a military prosecutor, the warden, a correctional officer, or a correctional soldier (referring to an enlisted soldier who assists in the business of correctional officers in a military correctional facility; the same shall apply hereinafter) shall not observe a cell in which a military detainee pending trial is incarcerated.
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 Article 70 (Separate Incarceration)   print
The warden shall separately incarcerate military detainees pending trial who are involved in an identical case from one another and prohibit them from contacting with each other.
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 Article 71 (Wearing of Military Uniforms, etc.)   print
(1) A military detainee pending trial shall, if he/she is a military person, wear a military uniform whenever he/she makes an appearance for an investigation, a trial, or an interrogation specified by Act.
(2) A military detainee pending trial may, if he/she is a civilian military employee or a civilian, wear plain clothes when he/she makes an appearance for an investigation, a trial, or an interrogation specified by Act.
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 Article 72 (Haircut)   print
A military detainee pending trial shall not be forced to have his/her hair or beard cut or shaved short against his/her will, unless exceptionally required to do so: Provided, That a military detainee pending trial may be forced to have his/her hair or beard cut or shaved as short as an ordinary military person or a civilian military employee does, if he/she is a military person or a civilian military employee.
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 Article 73 (Meeting and Correspondence with Counsel)   print
(1) Notwithstanding Article 42 (2), no correctional officer shall not be present at a military detainee pending trial's meeting with his/her counsel (including a person who intends to serve as his/her counsel; the same shall apply hereinafter) and shall not listen to or record conversations with an audio recording system: Provided, That a correctional officer may make an observation of a military detainee pending trial from a visible distance.
(2) No limitations shall be placed on the hours and frequency of meetings between a military detainee pending trial and his/her counsel.
(3) Notwithstanding the proviso to Article 44 (4), correspondence between a military detainee pending trial and his/her counsel shall not be censored by the military correctional facility, except where it is not verifiable whether the sender or addressee of a letter is a counsel.
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 Article 74 (Special Rules on Investigations, etc.)   print
Even where a military detainee pending trial is investigated as a person subject to a disciplinary measure or has been undergoing a disciplinary measure, the warden shall guarantee that the military detainee pending trial can exercise his rights to prepare documents for lawsuits, have meetings and keep up correspondence with his/her counsel, and exercise other rights in the course of investigations and trial.
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 Article 75 (Working and Correction)   print
(1) The warden may conduct educational or corrective programs for military detainees pending trial or assign works to military detainees pending trial upon their applications.
(2) As to the conduct of educational or corrective programs for military detainees pending trial and the assignment of works to them under paragraph (1), Articles 53 through 55 and Articles 60 through 65 shall apply mutatis mutandis.
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 Article 76 (Provisions Applicable Mutatis Mutandis)   print
Articles 73 and 74 shall apply mutatis mutandis to military prisoners who are under investigation or on trial for a criminal case and death row inmates.
CHAPTER Ⅸ INMATES ON DEATH ROW
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 Article 77 (Incarceration of Inmates on death row and psychological counselling, etc.)   print
(1) Each death row inmate shall be incarcerated in a cell in a provisional detention facility.
(2) Each death row inmate shall be incarcerated in a solitary cell: Provided, That death row inmates may be incarcerated in a shared cell, as prescribed by Ordinance of the Ministry of National Defense, if necessary for the prevention of suicide, correction, working, etc.
(3) The warden may, upon an application of an death row inmate, provide psychological or religious counsel to the inmate or assign works to the inmate for his/her psychological stability and easy life in prison.
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 Article 78 (Execution of Death Penalty)   print
(1) Death penalty shall be executed at a place designated by the competent Chief of Staff.
(2) Death penalty shall not be executed on a holiday or a Saturday.
CHAPTER Ⅹ SAFETY AND ORDER
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 Article 79 (Prohibited Goods)   print
No military inmate shall possess any of the following goods:
1. Narcotics, firearms, knifes and swords, explosives, deadly weapons, toxic substance, and other goods that can be used as tools for a crime;
2. Alcoholic beverages, tobacco, burners, cash, checks, and other goods that are likely to undermine the safety or order of facilities;
3. Obscene materials, goods used for gambling, and other goods that are likely to be harmful to the correction of military prisoners or their returning to the society with sound mind.
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 Article 80 (Physical Inspection, etc.)   print
(1) A correctional officer may, if necessary for the safety and the maintenance of order of facilities, inspect the body, clothes, personal effects, cell, and workshop of each military inmate, as prescribed by Presidential Decree.
(2) A correctional officer shall, when he/she inspects the body of a military inmate pursuant to paragraph (1), exercise a due care so as not to make the military inmate feel a pain or shame and shall, if it is necessary to inspect the body closely, conduct such an inspection at a partitioned place so that other military inmates cannot see the scene.
(3) A correctional officer may, if necessary for the safety and the maintenance of order of facilities, inspect clothes and personal effects of any person who enters into the military correctional facility but who is not a military inmate. In such cases, if a visitor possesses any of the prohibited goods under Article 79, he/she shall be instructed to leave it with the military correctional facility, and he/she may be barred from entering into the facility, if he/she does not follow the instruction.
(4) An inspection of a woman's clothes and personal effects shall be conducted by a female correctional officer.
(5) The warden shall, if he/she discovers any of prohibited goods under Article 79 as a result of an inspection conducted pursuant to paragraph (1), discard it after notifying the military inmate concerned of his/her discovery, except goods that shall be disposed of in accordance with the procedure prescribed by any criminal Act or subordinate statute: Provided, such goods may be kept in the custody of the military correctional facility or the military inmate concerned may be permitted to send such goods to a person designated by him/her, if it is not reasonable to discard such goods.
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 Article 81 (Surveillance by Electronic Equipment)   print
(1) Correctional officers may use electronic equipment for the surveillance of military inmates and facilities within the extent necessary to prevent suicide, self-harm, escape, violence, destruction, and other act that may harm the life or body of a military inmate or that may undermine the safety or order of facilities (hereinafter referred to as "suicide or a similar act"): Provided, That the surveillance of military inmates in their cells by electronic visual equipment shall be permitted only where the possibility of the commission of suicide or a similar act is high.
(2) When electronic visual equipment is used for the surveillance of military inmates in their cells pursuant to the proviso to paragraph (1), records of surveillance officers on duty, surveillance hours, the subject of surveillance, etc. shall be kept.
(3) A due care shall be exercised in the surveillance under paragraphs (1) and (2) so as to avoid any violation of human rights of military inmates under surveillance.
(4) Necessary matters concerning the types of electronic equipment under paragraphs (1) and (2), the place of installation of such equipment, the method of use of such equipment, and the management of video records shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 82 (Incarceration in Protection Cell)   print
(1) The warden may, if a military inmate falls under any of the following subparagraphs, incarcerate the inmate in a protection cell (referring to a cell equipped with facilities for the prevention of suicide and self-harm; the same shall apply hereinafter), taking a military doctor's opinion into consideration:
1. If a military inmate is anticipated to commit suicide or self-harm;
2. If a military inmate needs special protection due to a physical or mental disease.
(2) The duration of incarceration of a military inmate in a protection cell shall not be more than 15 days: Provided, That the warden may extend the duration, if it is exceptionally necessary to keep incarcerating a military inmate in a protection cell, taking a military doctor's opinion into consideration.
(3) Each extension of the duration under the proviso to paragraph (2) shall be not more than seven days, and the extended duration in total shall not exceed three months consecutively.
(4) The warden shall, whenever he/she incarcerates a military inmate in a protection cell or extends the incarceration period, notify the inmate of the causes thereof.
(5) The competent military doctor shall examine the health of a military inmate incarcerated in a protection cell from time to time.
(6) The warden shall, if the cause of incarceration of a military inmate in a protection cell terminates, immediately discontinue the incarceration in the protection cell.
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 Article 83 (Incarceration in Cooling Cell)   print
(1) The warden may incarcerate a military inmate in a cooling cell (referring to a cell isolated from ordinary cells and equipped with soundproof facilities, etc.; the same shall apply hereinafter), only if the military inmate commits any of the following acts but he/she is unable to suppress the inmate by force or by using the protective equipment under Article 85:
1. Where a military inmate destroyed or intends to destroy any facility, instrument, or the like of the military correctional facility;
2. Where a military inmate keeps disturbing other military inmates' quiet prison life against the attempted control of correctional officers or correctional soldiers (hereinafter referred to "correctional officers").
(2) The duration of incarceration of a military inmate in a cooling cell shall not be more than 24 hours: Provided, That the warden may extend the duration, if it is exceptionally necessary to keep incarcerating a military inmate in a cooling cell, taking a military doctor's opinion into consideration.
(3) Each extension of the hours under the proviso to paragraph (2) shall not be more than 12 hours, but the extended duration in total shall not exceed three days.
(4) As to military inmates incarcerated in a cooling cell, Article 82 (4) through (4) shall apply mutatis mutandis.
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 Article 84 (Use of Protective Equipment)   print
(1) A correctional officer may use protective equipment, if a military inmate falls under any of the following subparagraphs:
1. Where a military inmate is transferred to another correctional facility, makes an appearance before a court, or is transported to a place outside the military correctional facility;
2. Where it is highly probable that a military inmate will escape, commit suicide or self-harm, or harm another person;
3. Where a military inmate interferes, by physical force, with a correctional officer's due performance of his/her duty;
4. Where a military inmate destroyed a facility, instrument, or the like of the military correctional facility or is highly anticipated to undermine the safety or order of facilities otherwise.
(2) In using protective equipment against a military inmate, the military inmate's age, health, and attitude of prison life shall be taken into account.
(3) When a correctional officer uses protective equipment against a military inmate, a military doctor shall check the military inmate's conditions of health.
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 Article 85 (Types of Protective Equipment and Requirements for Use of such Equipment)   print
(1) The types of protective equipment are as follows:
1. Handcuffs;
2. Equipment for the protection of head;
3. Equipment for the protection of ankles;
4. Protection belt;
5. Protection chair;
6. Protection bed;
7. Protection clothes;
8. Rope.
(2) The requirements for the use of each type of protective equipment are as follows:
1. Handcuffs and rope: Where a military inmate falls under any subparagraph of Article 84 (1);
2. Equipment for the protection of head: Where a military inmate is highly anticipated to commit self-harm on his/her head;
3. Equipment for the protection of ankles, protection belt, protection chair: Where a military inmate falls under any provision of Article 84 (1) 2 through 4;
4. Protection bed, protection clothes: Where a military inmate is highly anticipated to commit suicide or self-harm.
(3) Necessary matters concerning the procedure for the use of protective equipment under paragraphs (1) and (2) shall be prescribed by Presidential Decree, while the specifications of protective equipment and the method of using each type of protective equipment shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 86 (Prohibition against Abusive Use of Protective Equipment)   print
(1) Each correctional officer shall use protective equipment within the minimum necessary extent and shall discontinue the use of protective equipment without delay upon termination of the cause.
(2) No protective equipment shall be used as a means of punishment.
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 Article 87 (Exercise of Force)   print
(1) A correctional officer may exercise force against a military inmate in any of the following cases:
1. Where a military inmate escaped or attempts to escape;
2. Where a military inmate attempts to commit suicide;
3. Where a military inmate committed or attempts to commit self-harm;
4. Where a military inmate harmed or attempts to harm another person;
5. Where a military inmate interferes, by physical force, with a correctional officer's due performance of his/her duty;
6. Where a military inmate destroyed or attempts to destroy a facility, instrument, or the like in the military correctional facility;
7. Where a military inmate committed or attempts to commit other act of seriously undermining the safety or order of facilities.
(2) Correctional officers, etc. may exercise force against a person who is not a military inmate in any of the following cases:
1. Where a person attempts to help a military inmate escape;
2. Where a person harmed or attempts to harm a correctional officer or a military inmate;
3. Where a person interferes, by physical force, with a correctional officer's due performance of his/her duty;
4. Where a person destroyed or attempts to destroy a facility, instrument, or the like in the military correctional facility;
5. Where a person invaded or attempt to invade the military correctional facility;
6. Where a person does not comply with a demand by a correctional officer to leave from the military correctional facility (including a place in which a correctional officers keeps the custody of a military inmate outside of the military correctional facility).
(3) Security equipment may be used for the exercise of force under paragraphs (1) and (2).
(4) The term "security equipment" referred to in paragraph (3) means the equipment and instruments used by correctional officers for the protection of the life and bodies of people, the prevention of military inmates from escape, and the safety and the maintenance of order of facilities, such as a correctional club, a gas sprayer, a gas gun, and tear gas.
(5) If it is intended to exercise force pursuant to paragraphs (1) and (2), a prior warning shall be issued to opponents: Provided, That the foregoing shall not apply if there is no time to give a warning in an emergency situation.
(6) Force shall be exercised within the minimum necessary extent.
(7) Necessary matters concerning the types of security equipment under paragraph (3), the requirements for the use of each type of such security equipment, and the procedure for the use of such security equipment shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 88 (Use of Weapons)   print
(1) A correctional officer may use a weapon against a military inmate in any of the following events:
1. Where a person is in imminent peril because a military inmate inflicts or attempts to inflict serious harm on the person;
2. Where a military inmate possesses a dangerous thing that he/she intends to use for violence or threat and does not comply with an order given by a correctional officer to surrender the dangerous thing;
3. Where military inmates raise or attempt to raise a riot and it is considered difficult to prevent the spread of the riot, unless it is controlled promptly;
4. Where a runaway military inmate keeps running away, ignoring a correctional officer's order to halt;
5. Where a military inmate takes or attempts to take a correctional officer's weapon;
6. Where it is impossible otherwise to avoid the use of a weapon in order to prevent a serious and obvious danger to the life or bodies of people or a facility.
(2) A correctional officer may also use a weapon against a person who is not a military inmate, if there is a sufficient cause considered imminent in order to protect the life or body of his/her own or another person in the military correctional facility (including a place in which a correctional officers keeps the custody of a military inmate outside of the military correctional facility), deter a person from taking away a military inmate, or prevent a danger to a building, other facility, or a weapon.
(3) A correctional officer shall use a weapon with an order of the warden or a person acting on behalf of the warden: Provided, That the foregoing shall not apply to cases where there is no time to wait for an order.
(4) When it is intended to use a weapon pursuant to paragraphs (1) and (2), a prior warning to use a weapon shall be issued to opponents by firing blanks or by other appropriate means.
(5) A weapon shall be used within the minimum necessary extent and shall be the final resort.
(6) Necessary matters concerning the types of weapons that may be used pursuant to paragraphs (1) and (2), the requirements for the use of each type of weapon, and the procedure for the use of weapons shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 89 (Measures in Disasters)   print
(1) The warden may, if necessary to take an urgent measure for the safety of facilities and the maintenance of order when a natural disaster or other calamity has occurred, order military inmates to assist in the recovery of damage or other emergency works.
(2) The warden may transfer military inmates to other place, if there is no other way to evacuate them when a natural disaster or other incident has occurred.
(3) The warden may temporarily release inmates, if he/she is unable to transfer them pursuant to paragraph (2).
(4) Persons who are released pursuant to paragraph (3) shall make an appearance at the military correctional facility, a military police unit, or a police station within 24 hours after release.
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 Article 90 (Arrest for Incarceration)   print
(1) If a military inmate escaped or committed an act under any subparagraph of Article 117 (hereinafter referred to as "escape or similar act"), a correctional officer may arrest the inmate only within 72 hours after the escape or the lapse of the time limit for appearance.
(2) A correctional officer may, if urgently required for an arrest under paragraph (1), stop a person for questioning, if he/she has a sufficient ground to suspect that the person made an escape or committed a similar act or if he/she believes that the person knows the movement route or whereabouts of a person who made an escape or committed a similar act.
(3) A correctional officer shall, when he/she asks questions pursuant to paragraph (2), produce his/her identification card proving his/her status and explain purposes of and reasons for such questions.
(4) A correctional officer may demand the manager or the person in charge of a show place, an inn, a restaurant, a railroad station, or other place with heavy traffic of people to cooperate in his/her entrance to the place or other particularly necessary matters for an arrest under paragraph (1).
(5) An correctional officer who enters a place necessary pursuant to paragraph (4) shall produce his/her identification card proving his/her authority but shall not interfere with the legitimate business of the manager or the person in charge of the place.
CHAPTER XI DISCIPLINE, REWARD AND PUNISHMENT
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 Article 91 (Discipline, etc.)   print
(1) Every military inmate shall abide by rules prescribed by the Minister of National Defense for the safety and the maintenance of order of military correctional facilities.
(2) Every military inmate shall observe the daily time table determined by the warden.
(3) Every military inmate shall obey instructions given by each correctional officer in the scope of his/her duty.
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 Article 92 (Reward)   print
The warden may give a reward to a military inmate in any of the following cases, as prescribed by Ordinance of the Ministry of National Defense:
1. Where a military inmate saved a person's life or prevented a person from escaping;
2. Where a military inmate contributed to an emergency work under Article 89 (1);
3. Where a military inmate is recognized to have contributed significantly to the safety of facilities and the maintenance of order;
4. Where a military inmate has shown a model in prison life, made a constructive and creative proposal, or is recognized to deserve a special reward.
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 Article 93 (Disciplinary Measures)   print
The warden may, if a military inmate committed any of the following acts, impose a disciplinary measure upon the inmate in accordance with the resolution adopted by the disciplinary committee under Article 97:
1. Committing a violation of the Criminal Act, the Punishment of Violences, etc. Act, or other criminal Act;
2. Committing self-harm with intent to have his/her demand fully satisfied for the convenience in prison life, etc.;
3. Refusing to work or receive education or neglecting working or education without a justifiable reason;
4. Bringing in, producing, possessing, using, giving, taking, exchanging, or hiding any of prohibited goods under Article 79;
5. Making a false report with intent to have another person punished or interfere with a correctional officer's performance of duty;
6. Other violation of rules prescribed by Ordinance of the Ministry of National Defense for the safety of facilities and the maintenance of order.
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 Article 94 (Kinds of Disciplinary Measures)   print
The kinds of disciplinary measures are as follows:
1. Warning;
2. Labor service for not more than 50 hours;
3. Reduction of work incentive for not more than three months;
4. Ban on participation in common events for not more than 30 days;
5. Restriction on reading newspapers for not more than 30 days;
6. Restriction on viewing television for not more than 30 days;
7. Restriction on using goods purchased at his/her expense for not more than 30 days (excluding medicines prescribed by military doctors and outside doctors for medical treatment);
8. Suspension of working for not more than 30 days;
9. Restriction on telephone conversations for not more than 30 days;
10. Restriction on writing, drawing, or painting for not more than 30 days;
11. Restriction on correspondence for not more than 30 days;
12. Restriction on visitation for not more than 30 days;
13. Suspension of outdoor exercise for not more than 30 days;
14. Solitary confinement for not more than 30 days.
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 Article 95 (Imposition of Disciplinary Measures)   print
(1) Disciplinary measures under subparagraphs 4 through 13 of Article 94 may be concurrently imposed.
(2) When disciplinary measures are imposed on a military inmate, the disciplinary measures may be aggravated in accordance with any of the following subparagraphs, whichever is relevant:
1. If two or more concurrent causes for disciplinary measures exist: the heaviest disciplinary measure shall be aggravated by up to one half according to the gravity of disciplinary measures prescribed by Ordinance of the Ministry of National Defense;
2. If a military inmate committed an act that constitutes a cause for a disciplinary measure again while he/she is undergoing a disciplinary measure or within six months after a disciplinary measure against him/her was completely executed or discharged: The longer term of a disciplinary measure under any provision of subparagraphs 2 through 14 of Article 94 shall be aggravated by up to one half.
(3) Upon a military inmate who instigated another military inmate to commit an act deserving of a disciplinary measure or who aided and abetted another military inmate to commit an act deserving of a disciplinary measure, the same disciplinary measure as that on the military person who committed the act deserving of the disciplinary measure shall be imposed, but a disciplinary measure upon a military inmate who aided and abetted another person to commit an act deserving of a disciplinary measure may be extenuated by up to one half.
(4) No disciplinary measure shall be imposed repeatedly upon a single act, and disciplinary measures shall be imposed with the minium extent necessary for the accomplishment of purposes of incarceration, taking into consideration the motive and significance of an act, circumstances before and after the commission of the act, and other situation.
(5) No disciplinary measure shall be imposed on the ground of a cause after the lapse of two years after the occurrence of the cause.
(6) Except as provided for in paragraphs (1) through (5), the criteria for the imposition of disciplinary measures, considerations in imposing disciplinary measures, and necessary matters concerning the imposition of disciplinary measures shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 96 (Investigation of Persons punishable by Disciplinary Measure)   print
(1) The warden may investigate a military inmate (hereinafter referred to as "person punishable by a disciplinary measure") or a potential witness, as prescribed by Ordinance of the Ministry of National Defense, if he/she believes that he/she has a sufficient ground to suspect that the person punishable by a disciplinary measure committed an act deserving of the disciplinary measure.
(2) If a person punishable by a disciplinary measure falls under any of the following subparagraphs, such a person may be separately incarcerated during the period of investigation:
1. Where the person punishable by a disciplinary measure is likely to destroy evidence;
2. Where the person punishable by a disciplinary measure is likely to attempt to harm another person or it is necessary to protect other military inmates from being harmed.
(3) The warden may, if a person punishable by a disciplinary measure falls under any subparagraph of paragraph (2), place restrictions, entirely or partially, on favorable treatments given to the person punishable by a disciplinary measure to have contacts with other persons, such as visits, correspondence, telephone conversations, outdoor exercise, working, education and training, and participation in common events.
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 Article 97 (Disciplinary Committee)   print
(1) Each military correctional facility shall have a disciplinary committee (hereafter referred to as the "Committee" in this Article) in order to have the Committee make a decision on disciplinary measures on a person punishable by a disciplinary measure.
(2) The Committee shall be comprised of not less than five but not more than seven members, including the chairperson, and the warden shall serve as the chairperson, while committee members shall be appointed or commissioned by the warden from among officers from the competent military unit, military advocates, and outside persons who have good knowledge and experience in correction. At least one outside person and one military advocate shall be included as committee members in the Committee.
(3) The Committee shall hold a meeting upon receiving a demand from the warden for disciplinary measures and adopt a resolution on disciplinary measures.
(4) The disciplinary committee shall open a meeting with the attendance of a majority of incumbent committee members and shall adopt a resolution by an affirmative vote of a majority of committee members present at the meeting.
(5) A committee member shall not attend a meeting of the Committee, if he/she is a relative of the person punishable by a disciplinary measure or there is other particular ground to believe that his/her impartiality is not expected in deliberation and resolution.
(6) A person subject to disciplinary measures may file a motion for challenge against a committee member. In such cases, the Committee shall decide by resolution whether to exclude the committee member.
(7) The Committee shall give a person punishable by a disciplinary measure opportunities enough to appear before the Committee and make statements, and a person punishable by a disciplinary measure may state facts favorable to him/her, verbally or in writing, or submit evidence.
(8) Except as provided for in paragraphs (1) through (7), necessary matters concerning the composition and operation of the Committee shall be prescribed by Presidential Decree.
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 Article 98 (Execution of Disciplinary Measures)   print
(1) Disciplinary measures shall be executed by the warden.
(2) The warden may, if he/she considers necessary for the execution of a disciplinary measure, incarcerate a military inmate separately.
(3) Disciplinary measures under subparagraphs 4 through 13 of Article 94 shall be imposed concurrently upon a person upon whom the disciplinary measure under subparagraph 14 of the aforesaid Article is imposed: Provided, That the warden may permit writing, drawing, or painting, correspondence, visits, or outdoor exercise, if he/she considers particularly necessary for remedies for rights of a military inmate, the correction of a military prisoner or his/her returning to the society with sound mind.
(4) The warden shall, when he/she intends to execute a disciplinary measure under subparagraph 13 or 14 of Article 94, instruct a military doctor to check the military inmate's health in advance and shall also check the health of the military inmate from time to time during the time that the military inmate undergoes the disciplinary measure.
(5) Except as provided for in paragraphs (1) through (4), necessary matters concerning the calculation of the term of a disciplinary measure and the execution of disciplinary measures shall be prescribed by Presidential Decree.
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 Article 99 (Suspension and Waiver of Execution of Disciplinary Measures)   print
(1) The warden may, if it is difficult to execute a disciplinary measure due to illness or other cause, suspend the execution temporarily until the cause terminates.
(2) The warden may, if a military inmate who has been undergoing a disciplinary measure obviously repents his/her fault, extenuate the disciplinary measure or discharge him/her from the execution of the disciplinary measure for the remaining term.
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 Article 100 (Suspension of Execution of Disciplinary Measures, etc.)   print
(1) The disciplinary committee may, when it adopts a resolution on a disciplinary measure against a military inmate, resolve to suspend the execution of the disciplinary measure for a period of not less than two months but not more than six months, if there is any factor worth taking into consideration, such as the motive or circumstances of his/her act that constitutes a cause of the disciplinary measure, his/her performance of correction, the degree of his/her repentance, etc.
(2) If a military inmate under the suspension of the execution of a disciplinary measure commits another act punishable by a disciplinary measure under Article 93, and a disciplinary measure for the act is determined, the warden shall execute the disciplinary measure concurrently with the suspended disciplinary measure.
(3) If the suspension period of the execution of a disciplinary measure imposed on a military inmate lapses without being punished by another disciplinary measure after the execution of the disciplinary measure was suspended, the disciplinary measure shall be deemed to have been completely executed.
(4) Except as provided for in this Act, necessary matters concerning the determination and execution of disciplinary measures shall be prescribed by Ordinance of the Ministry of National Defense.
CHAPTER XII REMEDIES FOR RIGHTS
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 Article 101 (Talks with Warden)   print
(1) A military inmate may apply for a talk with the warden regarding the treatment he/she has received.
(2) The warden shall, upon receiving an application from a military inmate for a talk, accept the application for a talk except for any of the following cases:
1. Where a military inmate does not clearly state his/her purposes of the talk without a justifiable reason;
2. Where the purpose of a talk is to demand a matter that obviously violates an Act or a subordinate statute;
3. Where a military inmate repeatedly files applications for a talk without a justifiable reason, although he/she had a talk for the same purpose;
4. Where there is a sufficient ground to believe that the purpose of an application for a talk is to interfere with correctional officers' performance of their duties.
(3) The warden may, if any exceptional circumstance exists, instruct a correctional officer under his/her control to have a talk on behalf of him/her. In such cases, the person who had a talk on behalf of the warden shall report the results of the talk to the warden without delay.
(4) The warden shall, if there is any matter for which an action is required as a result of a talk, notify the military inmate concerned of the results of the action taken.
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 Article 102 (Petitions)   print
(1) A military inmate who is dissatisfied with the treatment he/she has received, file a petition with the Minister of National Defense, the competent Chief of Staff, or a public official who is on an inspection round pursuant to Article 7.
(2) A military inmate who intends to file a petition in accordance with paragraph (1) shall prepare, seal, and submit a written petition to the warden: Provided, That a petition to a public official who is on an inspection round may be made verbally.
(3) The warden shall not open a written petition and shall dispatch it without delay to the Minister of National Defense, the competent Chief of Staff, or a public official who is on an inspection round or deliver it to a public official who is on an inspection round.
(4) When a public official who is on an inspection round hear a military inmate's petition pursuant to the proviso to paragraph (2), no correctional officer from the military correctional facility shall be present at the scene.
(5) The Minister of National Defense or the competent Chief of Staff shall, upon receiving a petition, make a decision in writing on the petition without delay.
(6) The warden shall, upon receiving a written decision on a petition, deliver it to the petitioner without delay.
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 Article 103 (Prohibition of Unfavorable Treatment)   print
A military inmate shall not be treated unfavorably on the ground that he/she filed a petition or an appeal, had talks with the warden, or sought other remedies for rights.
PART Ⅲ TERMINATION OF INCARCERATION
CHAPTER I PAROLE
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 Article 104 (Parole Examination Committee)   print
Each correctional institution shall have a parole examination committee (hereafter referred to as the "Committee" in this Chapter) in order to examine the eligibility for the parole under Article 72 of the Criminal Act.
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 Article 105 (Composition of Committee)   print
(1) The Committee shall be comprised of not less than five but not more than nine members, including chairperson.
(2) The head of each correctional institution shall serve as the chairperson of the Committee, and committee members shall be commissioned by the chairperson from among military advocates, military police soldiers and officers, and persons who have good knowledge and experience in correction.
(3) Except as provided for in this Act, necessary matters concerning the composition and operation of the Committee shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 106 (Examination on Eligibility for Parole)   print
(1) The committee shall make a decision on the eligibility for parole, taking into consideration each military prisoner's age, motive of crime, name of crime, term of imprisonment, performance of correction, health conditions, ability to make a living after paroled, living environment, possibility of repeating an offense, and other necessary conditions.
(2) The Committee shall open a meeting with the attendance of a majority of incumbent committee members and shall adopt a resolution by an affirmative vote of a majority of committee members present at the meeting.
(3) The procedure for the examination on the eligibility for parole and other necessary matters concerning investigations and examinations on the eligibility for parole shall be prescribed by Ordinance of the Ministry of National Defense.
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 Article 107 (Permission for Parole)   print
(1) The Committee shall, when it makes a decision on the eligibility for parole, file an application for the permission for parole with the Minister of National Defense within five days.
(2) The Minister of National Defense may permit parole, if he/she concludes that an application filed by the Committee under paragraph (1) for the permission for parole is acceptable.
CHAPTER Ⅱ RELEASE
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 Article 108 (Release)   print
The release of a military inmate shall be carried out by the warden upon pardon, the expiration of the term of imprisonment, or an order from a person with the authority for release.
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 Article 109 (Time to release)   print
(1) The release upon pardon, parole, discharge from the execution of a sentence, or reduction of a sentence shall be done within 12 hours after the relevant document is delivered: Provided, That if such a document designates the date and time to release, the release shall be done at the designated date and time.
(2) The release upon the expiration of the term of imprisonment shall be done at the end of the term of imprisonment.
(3) The release upon an order from a person with the authority to release shall be done within five hours after the relevant document is delivered.
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 Article 110 (Temporary Admission of Released Person)   print
If a released person has difficulties in returning home due to illness or other unavoidable cause, the warden may, at the person's request, admit him/her temporarily to the military correctional facility.
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 Article 111 (Lending Travel Expense, etc. for Returning Home)   print
The warden may lend travel expense or clothes that a released person needs in returning home, if the person wants.
CHAPTER Ⅲ DEATH
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 Article 112 (Postmortem Examination and Death Notice)   print
The warden shall, when a military inmate dies, conduct postmortem examination immediately and shall notify the deceased's family (referring to other relatives if the deceased has no family) of his/her death.
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 Article 113 (Delivery of Body, etc.)   print
(1) The warden shall, upon receiving a claim from a deceased military inmate's family member or a person who has a special relation with the deceased, deliver the body or ashes of the deceased: Provided, That the foregoing shall not apply if a decedent has been already buried together with others pursuant to paragraph (3).
(2) The warden shall bury a decedent temporarily, if the person to whom the death notice was delivered pursuant to Article 112 does not accept the delivery of the body within three days from the day on which the notice was delivered or there is no one who is willing to accept the delivery of the body: Provided, That the warden may cremate the body or take other necessary measures immediately, if it is necessary to prevent any communicable disease. <Amended by Act No. 9847, Dec. 29, 2009>
(3) If no one claims the delivery of a body until two years after the body was temporarily buried pursuant to paragraph (2), the warden may bury the body together with others or cremate it.
(4) If a hospital or other research institute files an application for the delivery of a deceased military inmate's body for scientific research, the warden may deliver the body to the hospital or other research institute, only where the deceased left a will for such delivery or his/her heir consents to it.
PART Ⅳ CORRECTIONAL SUPPORTERS, ETC.
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 Article 114 (Correctional Supporters)   print
(1) Each military correctional facility may have correctional supporters who shall support the education, correction, medical care, and other treatment of military inmates.
(2) Correctional supporters shall be honorary offices and shall be commissioned by the competent Chief of Staff with the warden's recommendation.
(3) No correctional supporter shall divulge or disclose any personal information of a military inmate known to him/her in the course of his/her activities as a correctional supporter or any fact relating to the safety of the military correctional facility.
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 Article 115 (Acceptance of Donations)   print
(1) The warden may accept money and goods that an institution, an organization, or a private individual voluntarily donates to the military correctional facility for the correction of military inmates.
(2) The method of acceptance of donations under paragraph (1), the procedure for the disposal of donations, and other necessary matters concerning the disclosure of donations shall be prescribed by Presidential Decree.
PART Ⅴ PENAL PROVISIONS
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 Article 116 (Bringing in Alcoholic Beverages, etc.)   print
(1) A person who committed an act under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than six months or by a fine not exceeding two million won:
1. Bringing, possessing, giving, taking, exchanging, or hiding an alcoholic beverage, tobacco, cash, or a check in a military correctional facility;
2. Bringing an alcoholic beverage, tobacco, cash, or a check in a military facility without permission with intent to deliver it to a military inmate or giving, taking, or exchanging any of such goods to/from/with a military inmate.
(2) An attempt to commit an offense under paragraph (1) shall be punished.
(3) Prohibited goods under paragraph (1) shall be confiscated.
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 Article 117 (Breach of Duty to Appear)   print
A military inmate who committed any of the following acts shall be punished by imprisonment with prison labor for not more than one year:
1. Failure to make an appearance at a military correctional facility, a military police unit, or a police station without a justifiable cause in violation of Article 89 (4) within 24 hours after a military inmate was temporarily released;
2. Failure to return to a military correctional facility by the prescribed time limit without a justifiable cause after a military inmate went out of the military correctional facility with the warden's permission for temporary release, commuting outside, or any other event without the custody of a correctional officer.
ADDENDA<Act No. 9819, Nov. 2, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Delivery of Money and Goods Left Behind)
The disposal of money or goods left behind by a decedent or a runaway, if any, at the time this Act enters into force shall be governed by previous provisions, notwithstanding the amended provisions of Article 28.
Article 3 (Transitional Measures concerning Disciplinary Measures)
(1) Disciplinary measures against an act committed before this Act enters into force shall be governed by previous provisions: Provided, That if provisions of this Act are more favorable to an offender, this Act shall apply.
(2) If a single act that constitutes a cause for a disciplinary measure was committed before and after this Act enters into force, such an act shall be deemed to be committed after this Act enters into force.
(3) A disciplinary measure imposed pursuant to any previous provision before this Act enters into force shall be deemed to have been imposed pursuant to this Act.
(4) Notwithstanding paragraph (3), a disciplinary measure imposed pursuant to any previous provision before this Act enters into force exceeds the extent of imposition of disciplinary measures under this Act, the execution of the portion not executed yet at the time this Act enters into force out of the excess shall be discharged, and the execution of the portion not executed yet at the time this Act enters into force out of any disciplinary measure that was imposed but is not provided for in this Act shall be discharged.
Article 4 (Transitional Measure concerning Parole Examination)
Examinations on and permission for parole that are in process pursuant to previous provisions at the time this Act enters into force shall be governed by previous provisions.
Article 5 Omitted.
Article 6 (Relationships with Other Acts and Subordinate Statutes)
A citation of the former Military Criminal Administration Act or any provision thereof by an Act or a subordinate statute at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act in lieu of the previous provision, if this Act contains such corresponding provision.
ADDENDA<Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA<Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That...<Omitted>... Article 4 of the Addenda shall enter into force on the date of the promulgation,...<Omitted>.
Articles 2 through 4 Omitted.