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2. Establishment of the new Constitution and the start of post-war correction(1945-1954)
After World War II,the Vice Minister of Justice Circular entitled"Basic Principles for the Operation of the Prison Law"was issued in1946,advocating the principles of(i)respect for human rights,(ii)social rehabilitation,and(iii)self-sufficiency,thus showing the direction of correction under the new Constitution.
Under the principle of respect for human rights,although prisoners are deprived of physical freedom as a nature of imprisonment and subjected to the minimum restriction on rights due to the necessity for their treatment and prison management,they never lose their basic human rights for other reasons,and therefore those engaging in prison management should respect the human rights of prisoners,overcoming prejudice toward them and accepting cumbersome work in treating them.Under the principle of social rehabilitation,correction should be intended to reform prisoners and reintegrate them into society,and to this end,various treatment measures should be taken to cultivate their motivation to reform themselves.Under the principle of self-sufficiency,as daily expenses for prisoners are supported by tax paid by good citizens,such expenses should be covered by revenues from prison work to the greatest possible extent.These three principles supported the post-war correction scheme.
In1948,the Guideline for Prisoners'Diagnosis and Classification(Minister of Justice Ordinance)was established to provide for the Classification Treatment System.Under this system,prisoners are classified into groups based on the results of scientific diagnosis taking into consideration the difficulty for their reform,term of imprisonment,health condition,age,gender,and other factors,and appropriate treatment conditions are set for each class,thereby carrying out effective treatment of prisoners.
During the period from1945to1954,various other measures were taken to improve the treatment of prisoners,including the adoption of correspondence education courses,establishment of the volunteer visitor system,substantial abolition of confinement of prisoners in dark rooms as disciplinary punishment,and introduction of volunteer chaplains.