전환기의 한국 형법-사형제도의 새로운 시각- = Korean Criminal Law in Transition-Korean Death Penalty-

다국어 초록 (Multilingual Abstract)

Not executing anyone in 2007，Korea is close to being considered a country that has abolished death penalty by the international community. However, death penalty system is existing legally and the Supreme Court keeps it. Also, law abolishing the death penalty proposed by 175 lawmakers wasn't passed but has been a pending issue. It is believed to reflect the reality people have a strong sense of justice and commit a felony continually.
The death penalty system is rather inhumane because death roll prisoners might tremble with fear for not knowing when would be the day of execution as no execiiting though prisoners are sentenced to death. Also, legislative reform and abolish of death penalty are needed as death roll prisoners can’t have corrective training during waiting for execution with criminal policy.
The system of death penalty suspension should be introduced as a transitional one to abolish death penalty. We need this system which includes that we should distinguish between validity of death sentence and that of executing before people are convinced of abolition of death penalty system. It also includes that we should replace death penalty with life sentence through corrective training and court’s judgment during the death penalty suspension avoiding misjudgment. It contains that execution infringes on human rights because it is possible that death roll prisoners who can be changed might be executed.
When it is legally convinced that Korean people reach a consensus to abolish death penalty, we should introduce special penal servitude for life, which is more strict than the present penal servitude for life. We should introduce special penal servitude for life which the day of parole is reckoned from the 20 years after the date of executing penal servitude for life rather than penal servitude for life without parole. Moreover, we should reform regulations of criminal law to be able to assign penal servitude for life as well as special one to criminals and several offences.