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. -119-

Select target paragraph3