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학술논문비교형사법연구2010.07 발행KCI 피인용 2

동북아시아 사형제도의 현실에 대한 비판적 성찰

Critical Reflection on the Status Quo of the Death Penalty in Northeast Asia

이덕인(부산정보대학교)

12권 1호, 55~79쪽

초록

If one takes a close look at a death penalty system of North East Asia, Republic of Korea, China, Japan, one will find out that these countries have a common characteristic of maintaining a death penalty. Their death penalty system’s existence evidences are relied on public opinion which is not identifiable. However, a background of public opinion is rooted deeply from Confucianism, Asian’s value. Confucianism, consequently, blocked to naturalize western society’s right concept and philosophy of men’s dignity. In north east asia’s society, aims for punishment are education and means of rebirth, which I agree, however, when it comes to maintain nation’s system, existence of death penalty means acknowledgement that they cannot rule by rules. Thus, to change the notion, korea should not take a death penalty as a nation’s problem and civil right problems. They should exercise major influence on abolition of East asia’s death penalty and enforce to recognize it by enact it to international problems which is in need of intervention. Today, the world is moving toward vanishing a death penalty system. From 1977 to 2010, numbers of countries abolished a death penalty were increased dramatically from 11 to 139 in that, it is a result which is a global, societal, mutual interest and should be solved by international society. Thus, the republic of Korea should also join the international agreement which were adapted by UN as soon as possible and be prepared for ratification. Times that economic power decides nation’s quality had been already passed by, therefore, Korea should mediate to spirit of world’s civil right announcement to improve human dignity and develop human right and also participate to abolish death penalty.

Abstract

If one takes a close look at a death penalty system of North East Asia, Republic of Korea, China, Japan, one will find out that these countries have a common characteristic of maintaining a death penalty. Their death penalty system’s existence evidences are relied on public opinion which is not identifiable. However, a background of public opinion is rooted deeply from Confucianism, Asian’s value. Confucianism, consequently, blocked to naturalize western society’s right concept and philosophy of men’s dignity. In north east asia’s society, aims for punishment are education and means of rebirth, which I agree, however, when it comes to maintain nation’s system, existence of death penalty means acknowledgement that they cannot rule by rules. Thus, to change the notion, korea should not take a death penalty as a nation’s problem and civil right problems. They should exercise major influence on abolition of East asia’s death penalty and enforce to recognize it by enact it to international problems which is in need of intervention. Today, the world is moving toward vanishing a death penalty system. From 1977 to 2010, numbers of countries abolished a death penalty were increased dramatically from 11 to 139 in that, it is a result which is a global, societal, mutual interest and should be solved by international society. Thus, the republic of Korea should also join the international agreement which were adapted by UN as soon as possible and be prepared for ratification. Times that economic power decides nation’s quality had been already passed by, therefore, Korea should mediate to spirit of world’s civil right announcement to improve human dignity and develop human right and also participate to abolish death penalty.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2010.12.1.003
분류:
법학

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동북아시아 사형제도의 현실에 대한 비판적 성찰 | 비교형사법연구 2010 | AskLaw | 애스크로 AI