1950년대의 사형제도에 대한 실증적 분석과 비판

The main objective of this study is to look back death penalty system in 1950s when even its exact scale and nature were hard to be identified in the punishment history of our country and clarify the fact that such system was dedicated as a means having immediate effect that resolves a specific outstanding issue by passing over original objective and range of punishment. For this objective, various issues being involved in death penalty system at that time is intended to be clarified by empirically analyzing contents of death penalty sentence and execution in 1950s and reviewing its normative ground. According to its result, death penalty at that time annihilated justice and humanism based on constitutional value specified by the constitution under the pretext of retention of a system and made brotherly love to be disappeared and it was a means of judicial murder being justified in the name of a state authority, not realizing national punishment right as a proper judicial procedure. In particular, under the background that scale of death penalty execution is hard to be identified during those times, certain involvement of military organization in judicial procedure and penalty execution was excluded. However, if attention should be paid to the fact that Seung-man Rhee's regime, the First Republic of Korea, was positioned in its summit of death penalty sentence and execution at that time, execution result by military court should be naturally included in an official statistics and if the fact behind the cases of open secret in our modern history that death penalty was abused as a means of illegal, anti-humanity murder should be clarified, historical stern questioning of liability and national atonement for straightening out such practice shall be performed at the same time. The fact that the innocent people being designated as unpatriotic person after excessively sentencing death penalty followed by promulgating a law of "special order of crime punishment under emergency situation" together with outbreak of war were extensively purged still means constant existence of current risk in our country being faced not only with unfortunate past issues being lingered just in memory but also with divided situation. Therefore, in order to prevent horror and experience of the past special order from being repeated in the current reality, all the written law that specify death punishment as legal punishment shall be completely deleted regardless of a case under implementation or stand-by case. Even though it is a war time, criminal law of ordinary times is required to be applied to a part that could be responded by criminal punishment norm and in case that war time situation is required to be controlled inevitably, its contents shall be a form notified to the general public in advance. Therefore, in case that death punishment repeal bill (draft) should be newly introduced, a regulation in which such bill is definitely required to be included shall be provided.