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학술논문비교형사법연구2012.12 발행KCI 피인용 2

사형제도에 대한 국제협약과 국내 현황에 대한 연구

The Study on the International Agreements and Domestic Situation of Death Penalty

오경식(강릉원주대학교)

14권 2호, 275~296쪽

초록

The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state. This cruel, inhuman and degrading punishment is done in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human Rights. Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner Developments on the use of the death penalty in 2011 confirmed the global trend towards abolition. The number of countries that were known to have carried out death sentences decreased compared to the previous year,and overall, progress was recorded in all regions of the world. I want to introduce the situation of korean death penalty and the movement of the abolishment of death penalty. There have been many treaties and agreements in the international society for abolition of death penalties. Preparation of municipal laws to accommodate these treaties and agreements is important. The nature of death penalty has thus been analyzed, and many movements to lead the public opinion towards its abolition have taken place. Death penalty is closely connected to how a human life is viewed, Based on the assumption that death penalty is a cruel and counter-intellectual punishment, it is believed that its role is to reduce violent or heavy crimes,but it must be noted that it has little effect in reducing crimes. Death penalty does not reduce crime and abolishing it will not increase crime. But it remains supported as the concept of punishing cruel and malicious criminals. Restitutive justice holds only a historical value in scholarly debates and theories, but it continues to heavily influence the public opinion even today. The logics and organizations for its abolition will eventually lead to the abolition of death penalty, and it is expected that Korea will become an abolitionist nation.

Abstract

The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state. This cruel, inhuman and degrading punishment is done in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human Rights. Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner Developments on the use of the death penalty in 2011 confirmed the global trend towards abolition. The number of countries that were known to have carried out death sentences decreased compared to the previous year,and overall, progress was recorded in all regions of the world. I want to introduce the situation of korean death penalty and the movement of the abolishment of death penalty. There have been many treaties and agreements in the international society for abolition of death penalties. Preparation of municipal laws to accommodate these treaties and agreements is important. The nature of death penalty has thus been analyzed, and many movements to lead the public opinion towards its abolition have taken place. Death penalty is closely connected to how a human life is viewed, Based on the assumption that death penalty is a cruel and counter-intellectual punishment, it is believed that its role is to reduce violent or heavy crimes,but it must be noted that it has little effect in reducing crimes. Death penalty does not reduce crime and abolishing it will not increase crime. But it remains supported as the concept of punishing cruel and malicious criminals. Restitutive justice holds only a historical value in scholarly debates and theories, but it continues to heavily influence the public opinion even today. The logics and organizations for its abolition will eventually lead to the abolition of death penalty, and it is expected that Korea will become an abolitionist nation.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2012.14.2.013
분류:
법학

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