교정시설의 과밀수용을 이유로 하는 국가배상청구 - 유럽인권재판소(European Court of Human Rights)의 최근 판결례를 중심으로 -

초록

Prison overcrowding has been one of the most critical problems occurring worldwide. In this paper, I introduce a significant case law of the European Court of Human Rights and compare it with Korean court decisions on the matter. First, the Korean government should provide compensation for the non-pecuniary damages arising from prison overcrowding. This is a general problem stemming from structural dysfunction. Solving a problem of this magnitude requires significant financial resources. However, in principle, the lack of such resources does not justify prison conditions that are incompatible with decent accommodation conditions. The European Court confirmed that 3 sq m of floor surface per detainee in multi-occupancy accommodations is the minimum standard under Article 3 of the Convention. However, in reality, this standard has been difficult to achieve. So far, some Korean Court of appeals suggested affording at least 2 sq m of floor space per detainee. This criterion should be accepted and put into practice. As a first step, we should provide non-pecuniary damages to the detainees who have been in cells with under 2 sq m of floor space. We should strive to provide 3 sq m per detainee from now on. Lastly, we should note that non-pecuniary damages for detainees are not the final solution. The State should develop a system to resolve this issue.

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