글로버메뉴 바로가기 본문 바로가기 하단메뉴 바로가기

논문검색은 역시 페이퍼서치

> 한국형사정책학회 > 형사정책 > 23권 1호

사형제도의 정당성에 대한 비판적 검토

Article : A Critical Study on Justification for Death Penalty

이덕인 ( Deok In Lee )

- 발행기관 : 한국형사정책학회

- 발행년도 : 2011

- 간행물 : 형사정책, 23권 1호

- 페이지 : pp.277-300 ( 총 24 페이지 )


학술발표대회집, 워크숍 자료집 중 1,2 페이지 논문은 ‘요약’만 제공되는 경우가 있으니,

구매 전에 간행물명, 페이지 수 확인 부탁 드립니다.

5,900
논문제목
초록(외국어)
Last year, in 2010, some death penalties were executed in the US and in some countries in Asia. However, the overall number of death penalties executed globally had fallen compared to previous year, with nations abolishing death penalty on the rise. Generally, there is increase in international movement for death penalty being abolished. Since the 23rd capital punishment, as the last, executed in Korea in December 1997, we have ceased death penalty executions for the past 14 years. Such record, although we have not proclaimed Moratorium, we were known to have abolished death penalty by international society. However, each time a brutal crime takes place, the public emotion would boil up and presses the government authorities to bring back the death penalty. And time and time again, these pressures led to governments review series of actions. Strictly speaking, therefore, the death penalty in Korea is not completely abolished. In other words, those condemned criminals are merely being held around regional correction facilities, standing by to hear of their final fate, which are depended on pressure from public opinion and government authority`s will. Human rights and human dignity can never coexist with death penalty. No matter how brutal a crime, considering it is the present social state connected with mankind, the government would be neglecting their duty to work on a worn-out belief that death penalty would secure us safe society. Especially so when there is no treatment or safeguard considered. Also, through constitutional evaluation, Korea has been insisting on impossibility to abolish death penalty, while maintaining death penalty system. However, both the Supreme Court and Constitutional Court demanded the question of whether to maintain or abolish death penalty should be dealt legislatively. It only implies that it is beyond human being`s ability to decide on justification for putting a limitation on a right to life, even for a condemned criminal. Therefore, the burden of proof for justification for death penalty is obviously something the nation has to bear. And if it is true that such proof is not possible or inadequate, death penalty should permanently be removed from the nation`s list of punishments.

논문정보
  • - 주제 : 사회과학분야 > 법학
  • - 발행기관 : 한국형사정책학회
  • - 간행물 : 형사정책, 23권 1호
  • - 발행년도 : 2011
  • - 페이지 : pp.277-300 ( 총 24 페이지 )
  • - ECN :
  • - UCI : I410-ECN-0102-2012-360-002879683
저널정보
  • - 주제 : 사회과학분야 > 법학
  • - 성격 : 학술지
  • - 간기 : 연3회
  • - 국내 등재 : KCI 등재
  • - 해외 등재 : -
  • - ISSN : 1226-2595
  • - 수록범위 : 1986–2018
  • - 수록 논문수 : 644