동남아시아의 사형제도에 대한 비판적 고찰 : 동남아시아국가연합(ASEAN)을 중심으로

Association of Southeast Asian Nations(ASEAN) is a local community beinginaugurated in order to maintain regional independent and complementarycooperative relation while strongly representing a tendency of trying to pursuehomogeneity and integrity under the dynamically changing current situation basedon long historical tradition and culture as viability of each country. However,each country is unable to be defined as one category due to unique historical,cultural differentiation and diversity being represented by individual country. Therefore, social system, particularly punishment system of individual country, isalso unable to be understood in the same context but international human rightnorm being established regionally including North America, Europe and Africa oran effort of blocking death penalty system by all mankind has not beendeveloped. Furthermore, regarding international covenant on civil and political rights beingspecified mainly based on Western society and Second optional protocol on deathpenalty abolition based on such covenant, a limitation that political situation ofindividual country is engaged is represented but in a fundamental perspective, anexperience of having been governed by Western society in the past may probablyplay a defense mechanism representing negative response. In addition, overallsituation of ASEAN is unable to be explained based on Asian Value but it isjudged that in completing development strategy based on family, society andnational community, not individual, having its roots in religious belief as a spiritual pivot of diligence and self-reflection while rapidly accelerating socialdevelopment being legged behind than Western countries, a limitation thatpunishment policy being stiffened based on this Asian Value is also inevitablyinvolved in criminal normative system in a society would play a role. However, in terms of the fact that attribute of death penalty is not an issuejust limited to a specific society or culture but an original sin of whole humansociety, ASEAN countries are required to jointly participate in a road tovoluntary consent and approval of international covenant on civil and politicalrights(ICCPR) that is a true, fundamental and index of international norm for theabolition of death penalty and its Second optional protocol and based on this,each country shall exert their respective effort so that international norm inaddition to individual constitution would be improved to the direction of notavoiding an essential contents of human dignity and values.