Criminal Code, the Maternal and Child Health Act permitted exceptions in cases
of rape, incest and threat to the health of the mother. The reference in the
report to abortions for eugenic reasons covered cases where the foetus was
severely deformed.
495. Regarding article 7 of the Covenant, the representative of the State
party emphasized that the courts would not accept a confession unless it could
be proved beyond reasonable doubt that it had been made voluntarily.
Referring to specific cases mentioned by some members of the Committee, he
explained that the conviction of Mr. Kim Rae Park had been based on objective
evidence and not on a confession extracted under torture, as had been
alleged. His sentence had been reduced for good behaviour and he had been
released on probation on 25 May 1991. Following an investigation into the
unnatural death of Mr. Jong Chul Park in January 1987, 5 police officers had
been convicted and sentenced to prison terms of between 3 and 10 years.
Additionally, 6 other officers had been sentenced to prison for 2-10 years, 14
had received suspended sentences and 9 more cases were awaiting trial. Places
of detention were inspected regularly by prosecutors and the Ministry of
Justice and any complaints of inhumane treatment were investigated by the
prosecutor's office. Concerning long-term prisoners convicted of attempts to
overthrow the Government by violence, the representative said that the
Government could not afford to release them unless it was sure that their
release would not jeopardize national security.
496. Responding to questions raised in connection with articles 9, 10 and 11
of the Covenant, the representative of the State party said that detention
pending trial could not exceed six months and the court had to render its
judgement during that period or release the suspect. There were no exceptions
to a suspect's right to communicate with counsel and the Constitutional Court
had decided, in January 1992, that article 62 of the Penal Administration Act
was unconstitutional because it prohibited a detainee from meeting his
attorney without being accompanied by a prison officer. The purpose of the
correctional system was the prevention of further crimes and the
rehabilitation of prisoners. To accomplish the latter, inmates received
correctional education aimed at cultivating sound civic values with a view to
preventing the recurrence of crimes. Inmates incarcerated under the National
Security Law also participated in correctional education programmes, including
exchange of views about competing ideologies, the goal being that a prisoner's
re-entry into society should not pose a problem to the country. Inmates whose
beliefs, translated into action, might pose a threat to the country were not
eligible for parole. The inculcation during prisoners' education of what was
referred to in the Republic of Korea as a "sound national spirit" aimed at
ensuring that convicted persons when re-entering society would be imbued with
traditional cultural values unique to their country and thus be capable of
adapting to a normal life.
497. Referring to questions relating to article 14 of the Covenant, the
representative of the State party said that prosecutors were officials of the
executive branch, coming under the authority of the Ministry of Justice, and
were guaranteed independence by the Prosecution Organization Act. They could
not be suspended, except by impeachment or conviction for certain crimes, and
their salary levels were guaranteed. The National Security Planning Agency
gathered domestic security information about communist and subversive
activities and conducted investigations in a limited number of cases.
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