사형제도의 정당성에 대한 비판적 검토

• 영문명: A Critical Study on Justification for Death Penalty
• 발행기관: 한국형사정책학회
• 저자명: 이덕인(Lee, Deok-In)
• 간행물 정보: 『형사정책』刑事政策 第23卷 第1號, 277~300쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

Last year, in 2010, some death penalties were executed in the US and in some countries in Asia. However, the overall number of death penalties executed globally had fallen compared to previous year, with nations abolishing death penalty on the rise. Generally, there is increase in international movement for death penalty being abolished. Since the 23rd capital punishment, as the last, executed in Korea in December 1997, we have ceased death penalty executions for the past 14 years. Such record, although we have not proclaimed Moratorium, we were known to have abolished death penalty by international society. However, each time a brutal crime takes place, the public emotion would boil up and presses the government authorities to bring back the death penalty. And time and time again, these pressures led to governments review series of actions. Strictly speaking, therefore, the death penalty in Korea is not completely abolished. In other words, those condemned criminals are merely being held around regional correction facilities, standing by to hear of their final fate, which are depended on pressure from public opinion and government authority's will. Human rights and human dignity can never coexist with death penalty. No matter how brutal a crime, considering it is the present social state connected with mankind, the government would be neglecting their duty to work on a worn-out belief that death penalty would secure us safe society. Especially so when there is no treatment or safeguard considered. Also, through constitutional evaluation, Korea has been insisting on impossibility to abolish death penalty, while maintaining death penalty system. However, both the Supreme Court and Constitutional Court demanded the question of whether to maintain or abolish death penalty should be dealt legislatively. It only implies that it is beyond human being's ability to decide on justification for putting a limitation on a right to life, even for a condemned criminal. Therefore, the burden of proof for justification for death penalty is obviously something the nation has to bear. And if it is true that such proof is not possible or inadequate, death penalty should permanently be removed from the nation's list of punishments.

목차

Ⅰ. 문제의 제기

Ⅱ. 인류, 그리고 사형제도의 파노라마

Ⅲ. 사형제도 정당성 검토의 전제조건

Ⅳ. 사형제도에 대한 헌법적 평가의 한계

Ⅴ. 맺음말

참고문헌

키워드

사형제도 사형집행 오판 사법적 불법 사형폐지 Death Penalty Execution of a Death Sentence Convicting the Innocent Judicial Injustice the Abolition of Death Penalty