헌법상 생명권과 사형제도

• 영문명: The right to life and Capital punishment
• 발행기관: 한국국가법학회
• 저자명: 이철호(Lee, Cheol-Ho)
• 간행물 정보: 『공법논총』제5호, 1~14쪽, 전체 14쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.05.30

영문 초록

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it s the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person s life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. The Art. 110. IV. stipulates that death penalty can not be sentenced even under the martial law, in a military trial of single-trial system. This article is simply the procedural limit of death penalty in special circumstances. Therefore, it is not appropriate to consider it positively as a constitutional ground for capital punishment. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

목차

Ⅰ. 머리말

Ⅱ. 헌법상 생명권의 의의와 내용

Ⅲ. 사형제도와 사형제도 존폐론

Ⅳ. 사형제도에 대한 대법원와 헌법재판소의 견해

Ⅴ. 사형제도의 헌법적 검토

Ⅵ. 결론

키워드

The Capital punishment The right to life Abolishment of Capital punishment Human Dignity and Value Life Sentence