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[Recommendation] Inmates Should Not Be Penalized for Filing Complaints with the NHRCK, Including Having Medical Appointments Canceled
Date : 2025.01.14 15:49:49 Hits : 677

Inmates Should Not Be Penalized for Filing Complaints with the NHRCK, Including Having Medical Appointments Canceled


Recommendation for job training for medical department employees at ○○○○ Detention Center -


□ The National Human Rights Commission of Korea (NHRCK) issued a recommendation on January 2, 2025, to the warden of ○○○○ Detention Center (Respondent 1), urging the provision of job training for all medical department employees to ensure that inmates' rights are not unfairly restricted due to filing complaints with the NHRCK. Additionally, the NHRCK recommended that medical staff (Respondent 2) undergo special human rights training conducted by the Commission.


□ The case arose from a complaint filed by an inmate who injured the ligaments in his right little toe while in custody in June 2023. After being diagnosed with the need for ligament reconstruction surgery at ◇◇ Hospital on December 15, 2023, the detainee was scheduled for surgery on January 20, 2024. However, Respondent 2 reportedly pressured the individual, through his mother, to withdraw his NHRCK complaint, stating that the surgery would only proceed if the complaint was withdrawn.

When the inmate refused to withdraw the complaint, the surgery was canceled. The complainant alleged that this constituted a violation of his right to health.


□ In response, Respondent 1 explained that the surgery was postponed due to a shortage of custody personnel at the time, as several other inmates required hospitalization at external facilities such as △△△△ Hospital. Furthermore, on January 19, 2024, the complainant’s attending physician at ◇◇ Hospital allegedly deemed the surgery non-urgent, and the hospital faced a surge in emergency and critical care cases, leading to further delays. 


Respondent 2 claimed that the complainant’s mother was informed of the postponement due to these circumstances and that the surgery would be rescheduled.


□ The NHRCK's Committee on Human Rights Violations 2 (chaired by standing commissioner Lee Chung Sang) reviewed the case and found inconsistencies in the respondents' claims:


The complainant’s surgery was canceled shortly after he filed a complaint with the NHRCK.

A recorded conversation from January 19, 2024, revealed that Respondent 2 told the complainant's mother, “If the complainant withdraws the complaint, we will reschedule the surgery for June 2024.”

The Commission concluded that the complainant's surgery was unfairly restricted as retaliation for filing the NHRCK complaint. This conclusion was supported by the fact that the complainant refused to withdraw the complaint, remained without surgery until his release on July 1, 2024, and suffered as a result.


□ In light of these findings, the NHRCK recommended:


Respondent 1 should provide comprehensive job training for all medical department employees to prevent the unfair restriction of inmates’ rights based on their filing of complaints with the NHRCK.

Respondent 2 should undergo special human rights training conducted by the NHRCK to ensure the protection of detainees' human rights in medical and administrative procedures.


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