Human Rights Commission Submits Opinion to Constitutional Court on "Abolition of Death Penalty"... Debate Rekindled

"Essential Violation of the Right to Life... The State Has No Right to Deprive Life"
Death Penalty Abolition Case Under Constitutional Review
5-4 Constitutional Ruling 11 Years Ago

23 Years Without Executions Since 1997
Government Supported Death Penalty Moratorium Last Year
Can Public Sentiment Be Overcome?

On the afternoon of December 30 last year, in front of the Seodaemun Prison History Hall in Seodaemun-gu, Seoul, representatives from the Joint Conference of Religious, Human Rights, and Civic Groups for the Abolition of the Death Penalty held a lighting performance urging the abolition of the death penalty.
[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-joo] The death penalty has long been considered a representative social challenge alongside abortion. The crime of abortion was abolished this year in response to persistent demands from women's groups and various sectors of society, as well as changes in the times. What remains is the death penalty. The death penalty has repeatedly sparked heated debates between human rights advocates who emphasize respect for life and proponents of moral philosophy who argue for punishing crimes against humanity.

As the Constitutional Court is expected to decide on the constitutionality of the death penalty within this year, the National Human Rights Commission of Korea (NHRCK) has raised the issue of whether to maintain or abolish the death penalty. On the 3rd, the NHRCK announced that it submitted an opinion to the Constitutional Court stating, "The death penalty infringes on the essential content of the right to life and should be abolished."

The NHRCK emphasized, "Life, once lost, can never be restored and is an absolute value that cannot be exchanged for anything in this world," adding, "The right to life is the most fundamental of fundamental rights, and it is reasonable to view that the state has only the obligation to protect and guarantee it, not the authority to deprive it." Furthermore, "From the perspective of rehabilitation, one of the purposes of punishment, the death penalty is the only punishment that cannot achieve the goal of education and reform," and "there is a need to prepare various alternative measures that can achieve the policy objectives pursued by the penal system as a substitute for the death penalty."

Previously, in February 2019, the Death Penalty Abolition Subcommittee of the Justice and Peace Committee of the Catholic Bishops' Conference of Korea filed a constitutional complaint regarding the death penalty. This will be the third time the Constitutional Court addresses the death penalty. However, the most recent decision dates back 11 years to 2010, when the court rejected the request for unconstitutionality of the death penalty by a narrow 5 to 4 vote, ruling it constitutional.

Civil society groups and religious communities advocating for the abolition of the death penalty believe that, given the changed times and the growing consensus for abolition, this year is an opportune moment for complete abolition. Prior to the NHRCK, international organizations such as Amnesty International, the International Commission Against the Death Penalty, and the European Union (EU) have consecutively submitted official opinions supporting South Korea's abolition of the death penalty to the Constitutional Court, reflecting continued international support. Notably, in December last year, the South Korean government supported the 'Moratorium on the Death Penalty' resolution for the first time at the 75th United Nations General Assembly plenary session held in New York, effectively declaring itself a death penalty abolition country to the world.

In South Korea, executions have not been carried out for over 23 years since December 30, 1997. There are currently 60 death row inmates who have been sentenced to death but whose executions have not been carried out. The most recent confirmed death sentence dates back five years. In the 2014 '22nd Infantry Division Shooting Incident,' Sergeant Lim Do-bin, who killed five people and injured seven, was sentenced to death by the Supreme Court in 2016. Subsequently, in 2019, the perpetrator An In-deuk (44) of the 'Jinju Apartment Arson and Murder Case' was sentenced to death in the first trial but had his sentence reduced to life imprisonment in the second trial, and the Supreme Court's final ruling maintained the number of death row inmates.

However, abolishing the death penalty is not expected to be easy. Public sentiment has consistently favored maintaining the death penalty. According to a 2019 Realmeter poll, 51.7% supported carrying out executions, constituting more than half of respondents. Additionally, 37.9% responded that while executions should not be carried out, the system itself should be maintained. Recently, petitions to the Blue House demanding the death penalty for the perpetrators of the 'Jeong-in case' and the 'Dangjin sisters murder case' garnered approximately 50,000 and 260,000 signatures, respectively.

This content was produced with the assistance of AI translation services.