As long as convicted prisoner is a citizen of the nation, his/her fundamental human rights must be guaranteed to the maximum extent in accordance with the constitutional spirit within the range of not becoming a barrier to accomplish a legitimate penological purpose. When we put too much emphasis on protection of human rights of prisoners insomuch as to disturb and violate the correctional order and regulations, however, it would not only cause life and physical safety of both prisoner and correctional officer to be threatened but to make eligible prisoners unable to return to society through correctional and reformative activities, which are basic and valid penological objectives, and also correctional institute unable to detain an offender in custody that is a premise of imprisonment. Therefore, it is required to accomplish the ultimate penological goals so much as to make convict return to society, while the state should guarantee human rights of prisoners, and, at the same time, firmly establish correctional orders. But there are contradictory relationships between protection of convict rights and establishment of correctional orders, so that problems have risen in due course from the perspective of how to achieve harmonization between the two. Then, it would not be too much to say that to maintain discipline and order in correctional institution up to an appropriate level is the most basic premise for penological practices. In this sense, it can be said that to establish correctional orders in a firm manner is essential for penological practices. If discipline and order is exceedingly strict in observance, however, convict will merely become an object to be controlled, thus that it would be not only difficult to achieve certain expected effects of correctional goals but to bring about worries to infringe human rights because of unwanted limitation of fundamental rights of individuals. So then, it is thought that to set up balanced relations between human rights protection and establishment of correctional order by harmonizing tensive relationships in between is an important task in contemporary correctional practices. In any case, limitation of fundamental human rights of convict, however, should not cross boundary that has been set in order to maintain an orderly prison life having secured physical custody of convict.

In Article 10 of our Constitutional Law in our country prescribed that “All of our people have a dignity as a humanbeing and value also have a right to puruse happiness” It has clearly defined that the human dignity is the highest value of the rule. The term “human rights” means any of human dignity, worth, liberties and rights which are guaranteed by the Constitution and Acts of the Republic of Korea or recognized by international human rights treaties entered into and ratified by the Republic of Korea and international customary law. The main objectives of the human rights are to realize the dignity and worth of the human person in order to contribute to the safeguard of the basic order of democracy. It is very important to protect and promote the inalienable and fundamental human rights of all individuals. This paper is a study on guaranteeing the Human Rights of convicted prisoners. In this thesis, aimed at groping improvement device of the convict system to establish the human rights. It is impossible only effort of The prison officer for the national human rights safeguard and improvement of the basic human, a continuous interest should be required as well as a new posture of the national consciousness for the human rights.