사형폐지 소론

• 영문명: Proposals Towards the Abolition of Death Penalty
• 발행기관: 한국형사정책학회
• 저자명: 조국(CHO Kuk)
• 간행물 정보: 『형사정책』刑事政策 第20卷 第1號, 301~323쪽, 전체 23쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

  The Republic of Korea has been a retentionist nation since its establishment. The death penalty was seriously abused in South Korea during the Korean War and by the authoritarian military regime which governed the country for many years thereafter. Even after political democratization, it has been retained for the ostensible purpose of deterrence of crime despite strong calls for its abolition by civic and religious organizations throughout the nation. Public sentiment also appears to support the death penalty. The constitutionality of the death penalty was confirmed by the Korean Constitutional Court in 1996.
  However, there has been an "unofficial moratorium" on executions since President Kim Dae-Jung took office in February 1998. Korea is now a de facto abolitionist nation. There have also been continuous attempts to abolish the death penalty in the Legislature. Since 1999, three bills to abolish the death penalty have been submitted in the National Assembly, although they failed to be passed. In 2005, the National Human Rights Commission recommended that capital punishment be abolished and the National Assembly should consider adopting one of three alternative punishments such as life imprisonment without parole or reduction of sentence, life imprisonment without parole or reduction of sentence for a certain period, and retention of the death penalty only in time of war.
  In this context, it is certain that Korean society has been moving towards the abolition of the death penalty. However, it would not be realistic to anticipate that the newly elected conservative Lee Myung-Bak government will abolish the death penalty. Calling for the abolition of death penalty, this Article also suggests that Lee government maintain “unofficial moratorium” on executions, reduce the number of criminal provisions with death penalty, and introduce the ten year suspension system of the execution.

목차

Ⅰ. 들어가는 말
Ⅱ. 한국의 사형제도 현황 개괄
Ⅲ. 사형폐지를 요구하는 국제인권규범
Ⅳ. 사형폐지론의 동향 검토
Ⅴ. 제안 ― 결론에 대신하여
ABSTRACT

키워드

사형 사형폐지 사형집행유예 종신형 death penalty capital punishment moratorium life imprisonment