생명권과 사형제도-사형제도 존치론을 중심으로-

• 영문명: The Right to Life and Death Penalty
• 발행기관: 한국헌법학회
• 저자명: 김상겸(Sang-Kyum Kim)
• 간행물 정보: 『헌법학연구』憲法學硏究 第10卷 第2號, 221~261쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

Life of a human is so precious that you cannot substitute it for anything The existence of human is worthy under the condition, that he is alive Life of human is themost important value and human right in law, also Since It is an 'object', unable to create and substitute. Its value is even more Important. nonetheless. conflicts in human history regarding this matter are still remaining unsettled, That the death penalty is a human rights especially. the right to life violation has already been discussed since a long time Especially. nations are Chosing to abolish It. as few nations. The taking of life by state officials may be justified in that the government exist in order to defence life of the individuais. The institutional murder of government is also to blame. and to Justify the murder of government, which absolute has to defence life. can be a logical contradiction. But whether It's a contradiction is not simple to prove, Life is dignitary. and its value is absolute. In this context. death penalty is an institution, that should be abolished. This paper states the constitutional basis and general remarks of death penalty. afterwards. the issue whether death penalty is a human rights violation, To stress the necessity of death penalty is not that death penalty is an important means which keeps society in order. Supporting the maintenance of death penalty is not complimenting It or regarding It as an indispensable institution It's just the point of view, regarding it as a necessary evil. Futhermore, this view toward death penalty emphasizes the dignity of other's lives as much as of the life of himself. This view also maintains the possibility of coexistence of civilized society and death penalty, and the possibility to accept the institution constitutionally.

목차

Ⅰ. 들어가는 말

Ⅱ. 기본권으로서 생명권

Ⅲ. 사형제도의 존폐논쟁

Ⅳ. 사형제도와 생명권

Ⅴ. 맺음말

참고문헌

Abstract