교정시설 내 감염병 관리에 대한 제도 개선 방향에 관한 소고

초록

In correctional facilities, inmates face constraints stemming from two key factors: the peculiar nature of the isolated, closed-off space that is the correctional facility, and the socially agreed-upon restriction that deprives them of personal liberty or freedom of residence and movement for a specified period due to their illegal acts. Consequently, during a social disaster such as an infectious disease crisis, the vulnerability of correctional facilities as medically underserved areas is highlighted, and there is a risk that inmates will be left in a blind spot for human rights, including their right to health. In fact, following the death of an inmate at the Seoul Eastern Detention Center during the COVID-19 pandemic, the National Human Rights Commission of Korea recommended that the then-Minister of Justice make efforts to prevent recurrence. Regarding infectious disease management within correctional facilities, relevant provisions are scattered across South Korea's current laws, including the Infectious Disease Prevention and Management Act, the Administration and Treatment of Sentenced Persons Act, and the Inmate Medical Management Guidelines. However, these provisions merely abstractly grant the head of the correctional facility the authority and duty to take certain measures for the prevention or treatment of infectious diseases in inmates, without specifying effective infectious disease management and prevention protocols. Furthermore, despite the fact that international human rights norms explicitly mandate medical treatment for inmates in confined, crowded, and close-contact spaces during an infectious disease crisis, and despite the National Human Rights Commission of Korea's recommendations, inmates are not guaranteed medical services on par with the local community. Moreover, since correctional facilities connect with the local community through correctional officers and medical officers who commute daily, an inmate's infection can affect not only the facility but also the wider community. Therefore, correctional facilities must establish a cooperative system with the local community for infectious disease prevention and management. Furthermore, considering that similar provisions concerning military correctional facilities have been streamlined, a concrete refinement of related laws and regulations is urgently required.

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