전근대 한국사회와 사형제도

• 영문명: Premodern Korean Society and the Death Penalty -Focus on the Late Period of Joseon and the Japanese Occupation-
• 발행기관: 한국형사정책학회
• 저자명: 이덕인(Lee, Deok-In)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第2號, 123~152쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.08.31

영문 초록

This study starts with a question over limited political implication being monopolized as strengthening means of feudal monarchy system or colonial rule that is an aspect of punitive features of death penalty system. Therefore, through an analysis of death penalty system during the era of Gapo reform, Korean Empire and Japanese colonial rule that are corresponding to premodern times of our country, a phenomenon of limited political implication was observed in a critical perspective. Weight of political implication that exceeds required objective to be always pursued by the punishment has been imposed on death penalty among punishments. Political implication of death penalty may be briefly expressed as retributive legal conviction, expectation of threatening effect and complete isolation of the offender. However, aside from supporting whatever perspective, its start should have been combined with criminal case itself at that time but death penalty system in premodern times of our society had put its weight on limited political context as a means of strengthening feudal royal authority or colonial rule rather than on situation of public order or criminal severity at that time. Therefore, essence of death penalty system is required to be critically and realistically introspected in terms of the fact that death penalty of premodern times was not a means of recovering justice but just activating authoritative power.

목차

Ⅰ. 문제의 제기

Ⅱ. 갑오개혁과 대한제국기의 사형제도

Ⅲ. 식민지배와 사형제도

Ⅳ. 일제강점기별 사형제도의 특징

Ⅴ. 맺음말

참고문헌

키워드

대한제국의 사형제도 일제강점기의 사형제도 형법대전 사형의 정치성 예심제도 치안유지법 the Death penalty in Great Han Empire the Death penalty in Japanese Occupation(the Period of Japanese Colonialism) Hyeongbeob Daejeon Politics of the Death penalty the Instruction Preliminaries the Peace Preservation Law