
Overcrowding in prisons: The overlooked dilemma of contemporary Korean society
In November 2017, the television series Prison Playbook took South Korea by storm. The series displayed various aspects of life in prison, ranging from the reformation programs to the punishments and the restrictions set on the prisoners. The show gained its fame mainly due to the balance between the depiction of various crimes that exist in modern society and the characters’ personal growth. The show illustrates prison as a facility that allows prisoners to reflect on their crimes and reform through human interactions in a hospitable but controlled environment. While the show does reflect the ideal role of a prison, it fails to depict a key problem that prisons face today in Korea: overcrowding. Why Does Overcrowding Matter?According to the Human Rights Peace research facility, the number of prisoners incarcerated has been on the rise ever since the beginning of the Yoon administration. As of September 2023, there are 58,583 prisoners nationwide. Based on the increasing number of prisoners the government is incarcerating, this number is predicted to rise to around 60,000 by the end of 2024. That would be the highest since 1998, when the number of prisoners peaked at a record high of over 67,000. During this time, Korea was going through the 1997 Asian financial crisis, forcing the Korean market to restructure itself to create more flexibility and overcome the crisis with the help of the International Monetary Fund. In the process, a lot of criminals saw new opportunities in the field of economic crime and acted upon them. As the nation made a quick recovery from the financial crisis, it also witnessed a sudden rise in criminals being captured. Unlike the rise of prisoners in 1998, the increase right now did not happen due to a single huge incident. The current administration has made it clear that it will have a “zero tolerance” policy towards criminals and that they’d try their best to make the country as crime-free as possible. With the government working to meet the goal it has set for itself, the rise in the number of prisoners itself is not surprising. The problem is that the current prison facilities seem to be unable to keep up with the growth. Currently, South Korea has a total of 55 operational prisons. Of the 55 prisons, 42 were reported to be “heavily overcrowded” as of 2023. When combined, these prisons are designed to hold around 49,600 prisoners—far less than the last reported number. This means that prisons are holding about 18% more people than their intended capacity, forcing the prisoners to live in heavily confined spaces. So, exactly how confined are the living spaces in these prisons? According to the Korean Ministry of Justice, the current standard of living space provided for a prisoner is set at 2. 58 square meters. This is already a very compact space for someone to live in, especially compared to the value set by other global organizations. For example, the International Committee of the Red Cross recommends 5. 40 square meters as the minimum space required for a prisoner to live humanely. While it is true that this number is not completely applicable to Korean prisons specifically, the fact that the Korean standard is less than half of what the Red Cross recommends shows the serious lack of living area in Korean prisons. Worse, even this cramped living space is not being provided in most prisons. An investigation made by the National Human Rights Commission in January 2022 revealed that many prisons had their inmates live in areas as tight as 1. 40 square meters, which is a little over half of the minimum living space set by the Ministry of Justice. A follow-up investigation made in early 2024 showed that living conditions in many prisons are still yet to be improved. The overcrowding situation has even resulted in the National Human Rights Commission claiming that the current living conditions of prisons such as the Sangju Prison in Gyeongsangbuk-do Sangju infringe on the inmates' human dignity, publicly requesting the Ministry of Justice to fix this problem. Besides the physical discomfort that comes with it, being forced to live in close quarters can also lead prisoners to face extreme mental stress. One might claim that the mental stress that the inmates go through is both intentional and insignificant, given that the reason they are incarcerated in the first place is to be punished for their individual crimes. However, one must also not forget that another major purpose of prisons is to rehabilitate convicts into law-abiding citizens. To help these criminals reform, prisons offer a wide variety of programs and work to give their inmates chances to reflect on their past actions. However, these attempts at reformation end up being ineffective if the inmates are unable to fully concentrate on the programs, and the subpar living standards are a huge reason that they cannot concentrate. Inmates tend to feel more stressed, and suffer from severe mental and physical pain if they are forced into a cramped confined living space after a taxing day of work and education. There have been lawsuits in the past where the inmates demanded the government to provide financial compensation for the pain they suffered from the overcrowding. While these claims were dismissed in the past, the overcrowding has escalated to the point that the court is beginning to recognize it as a serious problem. In July 2022, the court stated for the first time in history that the overcrowding and the confined living spaces infringe on the prisoners’ basic rights, ruling that the government should provide compensation. A similar lawsuit that concluded in November 2023 also ruled in favor of the inmates, forcing the government to pay out a compensation fee of 136 million won to 50 ex-cons. Building New PrisonsSo, what is the best way to fix the overcrowding problem? The simple yet effective answer to this question is to build new prisons. The government is fully aware of this potential solution, which is why it currently plans to build six new prisons. Once these facilities are built, it would technically resolve the issue of overcrowding, allowing the prisons to fully function as correctional facilities. However, there is a big obstacle to the construction of new prisons: the strong backlash by communities. Currently, prisons are commonly viewed as NIMBY (Not In My Back Yard) facilities by a large majority of society. These facilities are essential for society, yet they cause many people to worry about the various negative impacts that could lead to social conflict. Hence, while people are not opposed to the concept of building new prisons, they are generally against the idea of having one built in their own communities. They are not only hesitant about having new prisons near them but are also aggressive at times. There are communities even today that are actively raising their voices to oppose these establishments in their neighborhoods. For example, the government is planning on building a women’s correctional institution in Gyeonggi-do Hwaseong that will open in 2026. As there is currently only one operational women’s prison in Korea, currently located in Chungcheongbuk-do Cheongju, the construction of a new facility in Hwaseong would significantly help with the overcrowding issue. However, the local community has been strongly combatting the construction ever since 2021, and their opposition still persists. The main reason for the resistance is the possibility of the neighborhood gaining a bad reputation. While they do recognize the importance of NIMBY facilities, people fear that having these facilities in the neighborhood could cause social tension. When unsolved, the tension negatively impacts the neighborhood’s overall image, damaging the financial values of various assets. People’s negative impression of prisons have existed for a long time, making it very hard to change, and this only solidifies people’s resistance against prisons in their neighborhoods. Currently, the most effective method of improving prison’s predominantly negative image is building related facilities alongside prisons, creating small “legal communities” within the pre-existing communities. A prime example of this is the Munjeong Legal Town located in Songpa-gu, Seoul. In this town, there are various legal facilities as well as educational centers and restaurants located alongside the Eastern Detention Center of Seoul. Towns like these allow prisons to blend in with the rest of the community, naturally planting the impression that prisons are no longer NIMBY facilities in people’s minds. Thus, when executed well, legal towns like these can help improve the predominantly negative image people have regarding correctional facilities. No More StallingPrison overcrowding is a problem that has gone by relatively unnoticed for years, but resolving it cannot be put off any longer. The longer this issue is left unattended, the bigger the negative impact it will have on society. The simplest solution to this would be to build new prisons, as it would ultimately help with the effectiveness of the correctional programs for rehabilitating the inmates. While the benefits of new prisons are clear, the predominant impression people have towards prisons is a huge obstacle that must be addressed. There is no easy way to gain people’s approval for new prisons, but for the prisons to operate functionally, gaining the community’s support is something that must be ensured. Ultimately, it is the government’s responsibility to create an environment where the new prison can coexist with the preexisting community.