피구금자의 권리에 관한 국제인권규범과 한국의 실행

Abstract

The primary objective of this paper is to promote a thorough understanding of how Article 10 of the international Covenant on Civil and Political Rights, holding the same force as domestic law, is interpreted by the United Nations Human Rights Committee and applied to specific cases. Based on this understanding, a general examination of the implementation and compliance status of this provision within the country has been conducted, paying particular attention to the following points: Firstly, the issue of overcrowding in correctional facilities requires a satisfactory resolution, as despite the Human Rights Committee urging for improvements and constitutional court rulings declaring it unconstitutional, the problem remains unresolved.
 Secondly, ensuring the right to health for detainees is crucial. Particularly concerning individuals with mental illnesses, there is a lack of treatment- focused approaches in correctional facilities. Expanding access to mental health treatment within these facilities is not only essential for safeguarding detainees' human rights but also aligns with the rehabilitative principles of correctional practices.
 Thirdly, the protection of foreigners under the Immigration Control Act falls within the scope of Article 10. Although it is not criminal detention, it represents a prominent area of application for the provision. Limiting the fundamental rights of individuals subject to this act should have stricter requirements than those applied to correctional facility detainees. However, the treatment of foreign detainees in immigration facilities seems to prioritize confinement and control over their basic rights, raising concerns. Efforts should be made to improve the detention environment fundamentally while ensuring the autonomy of foreign detainees.