The National Human Rights Commission of Korea concluded that it is a violation of personal rights guaranteed under the Constitution to leave a military prisoner to wear the rope and handcuff in court.
Accordingly, the Discrimination Rectification Committee 1 recommended to the head of military prison to give warning and carry out human rights education to the prison guard in charge who did not remove the rope and handcuff and to the head of branch of court to take necessary measures to prevent infringement of personal rights.
The Complainant who is a prisoner at military prison went to the regional court and was wearing a rope and handcuff when taking an oath and until the end of the trial.
However, another prisoner from private prison was removed of the handcuff right before the beginning of the trial.
Article 280 of the Criminal Procedure Act prohibits body restriction in court, and the Directive on Safeguard on Military Prisoner prescribes that protective equipment should be removed during the trial.
In addition, the Committee concluded that lieutenant surnamed C violated personal rights of the complainant by not fulfilling his duty to care and just watched the complainant receiving trial wearing the rope and handcuff.
Article 58 of the Court Organization Act prescribes that the presiding judge shall maintain the order in the court, and Article 6 of Rule of Establishment, Organization and Work of Court Security Guard prescribes that a management officer should pay close attention to prevent infringement of personal rights of people accessing the court.
