국가재건최고회의 집권기의 사형제도에 대한 비판적 검토

• 영문명: A Critical Consideration about the Death Penalty of the Supreme Council for Nation Reconstruction Period(1961~1963) in South Korea
• 발행기관: 한국형사정책학회
• 저자명: 이덕인(Lee, Deok-In)
• 간행물 정보: 『형사정책』刑事政策 第26卷 第2號, 131~168쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.08.31

영문 초록

This study tried to inquire into how the death penalty system served during the military government period that was continued for 2 years 7 months from May 16, 1961 to December 17, 1963 before the establishment of Third Republic in South Korea. I could examine the situation at that time restrictively through empirical analysis of death sentence and execution and observe the real condition of revolutionary court and what its result meant. I also inquired into the death sentences regarding usual criminal cases and public safety cases such as spy case and their problems. In company with that, I could look back a series of situations that went against constitutionalism and human rights in the elements of a crime which was the normative basis of death sentence and the investigation and criminal proceedings which was the premises of it. But the distinct conclusion of this study is that even though I want to abolish the death penalty, I also provide the chance of rethink about series of cause and effect such as the goal to fulfill social security and system maintenance and to strengthen state punishment power for those who support the maintenance of death penalty and present the reasons for an argument not just to continue to judge the position based on humanitarian standpoint and express its stance for those who support the abolition of death penalty. To conclude, I hope social discussion about death penalty would be developed in the future more substantially and earnestly making basic guidance because it is the unescapable issues of criminology in discussion in the realization process of real constitutionalism making headway toward the state pointing to human dignity and right.

목차

Ⅰ. 문제의 제기

Ⅱ. 사형선고와 집행의 실증적 분석

Ⅲ. 사형을 둘러싼 실체법적 근거와 절차적 정당성

Ⅳ. 맺음말

참고문헌

Abstract

키워드

5ㆍ16군사쿠데타 국가재건최고회의 혁명재판에 의한 사형선고 특수범죄처벌에 관한 특별법 계엄 하의 사형제도 Military Coup in May 16 1961 in South Korea Supreme Council for Nation Reconstruction(Junta) Sentenced to Death by Military Revolutionary Tribunal Special Act for the Punishment of Special Crime the Death Penalty under Martial Law