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The Current Situation and Prospects on the Death Penalty in South Korea
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사형제도의 어제와 오늘, 그리고 미래 전망

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Type
Academic journal
Author
Journal
국회입법조사처 입법과 정책 입법과 정책 제7권 제2호 KCI Accredited Journals
Published
2015.1
Pages
247 - 278 (32page)

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The Current Situation and Prospects on the Death Penalty in South Korea
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Abstract· Keywords

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In this study, the future of death penalty execution system that was suspended at present was predicted based on a review on trend analysis of death penalty sentence since 1998 when death penalty execution was suspended and statistics of death penalty execution up to 1997 since government formation of our country. In connection with this, first, it could be confirmed that judicial judgment relevant to death penalty has been developed to the direction of permitting such penalty only in a case that a special justifiable circumstances is clear objectively in view of responsibility level and objective of punishment for the crime while maintaining constitutionality of the system itself by keeping pace with change of time and second, resuming death penalty execution system is judged to be difficult by various external conditions with which our country is faced, contrary to a demand of public opinion and it is predicted that even though reaching legal repeal is not feasible, its repealed condition would be actually continued. However, in terms of the fact that if a situation that the general public having sovereignty still strongly demand retention of death penalty system and resuming its execution should persist, a crisis may be invited to its actual repeal, without moving to legal repeal, right recognition and judgment for death penalty system are required to be aroused through presentation of acceptable ground and in this process, right information for punitive meaning and function of death penalty system that has been misunderstood or not known from the past shall be provided. Therefore, in the future of death penalty system in the Republic of Korea, a result of complete death penalty repeal could be deduced only when the present situation where thorough clarification of the past practice is enabled is pre-conditioned.
#사형선고 #사형집행통계 #사형집행의 중단 #이원적 종신형 #사형폐지 #Death sentence from 1998 to 2015 #The Execution statistics #Suspension of execution #Dualistic life imprisonment #Abolition of death penalty

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References (38)

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/ / 법률신문 google schola Cho, B.-S. / 2008 / South Korea’s changing capital punishment policy: The road from de facto to formal abolition / Punishment & Society 10 (2) : 171 ~ 205 google schola Johnson, D. T. / 2008 / The next frontier: National development, political change, and the death penalty in asia / Oxford University Press google schola UN Human Rights Council / / Report of the Working Group on the Universal Periodic Review : Republic of Korea google schola 경향신문 / / [그래픽 뉴스]정부수립 이후 사형수 919명 google schola

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