For this study, the author investigated Korea’s parole system and its operational status, along with a perception survey on inmates and in-depth interviews with parole experts. Based on the findings, the author discusses the following issues with th...
For this study, the author investigated Korea’s parole system and its operational status, along with a perception survey on inmates and in-depth interviews with parole experts. Based on the findings, the author discusses the following issues with the current parole system and practices, and proposes the policy directions to guide future improvements of the system.
Firstly, this paper discusses whether paroles should be a judicial measure. Some argue that a parole requires a judge’s decision because it changes the original sentence and it is substantively similar to a suspension of sentence. However, under the current law, a correctional institution can choose how to execute a sentence determined by a court, and a parole represents a replacement of a sentence with a community treatment, which is a weaker form of detention. Then, there exists little ground for arguing that a parole should be subject to judicial control. However, even if we do not make paroles a judicial measure, we still need to find a way to protect inmate’s rights under the current procedures. In particular, we must find a way to ensure fairness and equity of the parole review procedures. Therefore, improvements of the parole system should seek to ensure procedural fairness and equity and protect inmates’ rights.
Secondly, this paper looks into the revitalization of paroles as a means to address the overpopulation of prisons. Parole plays an important role in addressing the overpopulation of correctional facilities. However, mitigating overpopulation and controlling prison capacity are not the main functions of the parole system. They are mere side effects. Therefore, measures to revitalize paroles should focus on achieving the ultimate goals of criminal policies, rather than resolving the overpopulation issue. In other words, the main goal of paroles should lie in building a safer society by ensuring appropriate punishment and prevent recidivism of criminals.
Thirdly, this paper addresses the gap between formal eligibility requirements under the law and their actual application in the field. Even though the Criminal Act of Korea stipulates that an inmate may be considered for parole if he/she serves at least a third of the sentence, a survey found that 99.9 percent of parolees over the last decade were granted paroles after serving 70 percent or more of their terms. As an alternative, we may consider replacing the uniform formal requirements under the current law with more detailed eligibility requirements that vary depending on sentences.
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