Inmates alleged that overcrowding in these facilities led to both mental and physical suffering.(Image courtesy of Yonhap)
SEOUL, Nov. 6 (Korea Bizwire) – Inmates once held at prisons and detention centers nationwide have successfully obtained compensation after filing a lawsuit against the government. They alleged that overcrowding in these facilities led to both mental and physical suffering. The court has awarded damages to 47 inmates, with individual payouts ranging from 50,000 won to 1.5 million won.
The Seoul Central District Court, presided over by Judge Kim Hyun-ju, ruled in favor of certain inmates in a lawsuit initiated by 50 former prisoners against the Republic of Korea for the damages incurred. The government has been instructed to pay a total of 60.25 million won in compensation and delayed damages to the 47 inmates. Regrettably, the claims of three inmates were rejected as they were not found to have suffered due to overcrowding.
These inmates, who were incarcerated in various locations, including prisons in Busan and Incheon, Seoul’s Namdong Detention Center, as well as Suwon and Hwaseong in Gyeonggi Province and Wonju in Gangwon Province, brought their lawsuit against the government in 2021. They asserted that during their detention in correctional facilities, they endured overcrowding in living spaces with less than 2 square meters (approximately 21 square feet) per person, leading to both mental and physical distress. Consequently, they contended that the government should compensate them for the mental suffering inflicted by the unlawful overcrowding.
The court concurred with the inmates, declaring that the government’s practice of housing inmates in living spaces with less than 2 square meters of floor space per person constitutes an unlawful act that violates their inherent dignity and human worth.
Judge Kim further emphasized that living quarters in correctional facilities must provide inmates with an adequate level of space, light, ventilation, and heating to ensure their well-being. In cases where the living space per person is so constrained that it impedes the fulfillment of their basic human needs, it must be regarded as a violation of human dignity and values, except in instances of special circumstances. Recognizing the inmates’ mental distress, the government has been mandated to provide compensation.
The Supreme Court initially acknowledged the state’s obligation to compensate inmates in July of last year when it determined that allocating less than 2 square meters of space per inmate in prisons and detention centers constituted a breach of the law.
J. S. Shin (js_shin@koreabizwire.com)
