"Decades of Debate"... What Are Your Thoughts on the Abolition or Retention of the Death Penalty?

Constitutional Court to Hold Public Hearing on Death Penalty Constitutional Complaint on July 14
Death Penalty Faces Third Constitutional Review Since 1996 and 2010
Public Opinion Favors Maintaining Death Penalty...Global Trend Leans Toward Abolition
Experts Warn That Abolishing Death Penalty Without Alternatives May Lead to Unintended Consequences

The Constitutional Court will hold a public hearing on a constitutional complaint regarding Articles 41 and 250 of the Criminal Act, which stipulate the death penalty, today, July 14, at 2 p.m. in the Grand Courtroom. The photo shows the exterior of the Constitutional Court. [Image source=Yonhap News]

[Asia Economy Reporter Kim Jung-wan] As the Constitutional Court prepares to hold a public hearing in July for the third-ever constitutional complaint regarding the death penalty, the long-standing debate over the abolition or retention of the death penalty is expected to reignite after 13 years. Each time a heinous crime that sparks public outrage occurs, petitions concerning the retention or execution of the death penalty arise, while international human rights organizations argue that "abolishing the death penalty is an irreversible international trend."

According to the Constitutional Court's (ConCourt) hearing schedule, on July 14 at 2 p.m., the Grand Bench will hold a public hearing on the constitutional complaint concerning Articles 41 and 250 of the Criminal Act, which stipulate the death penalty. Article 41 of the Criminal Act specifies the types of punishments that can be imposed for crimes, including the death penalty, and Article 250 states that those who commit murder shall be punished by death or other penalties.

The petitioner in this constitutional complaint is Mr. Yoon, who was arrested and indicted for the murder of his parents in 2018 and was sentenced to life imprisonment. When the prosecution sought the death penalty, the highest sentence in court, in the first trial, Yoon requested a constitutional review of the law, but it was dismissed. Subsequently, in February 2019, Yoon filed another constitutional complaint through the Death Penalty Abolition Subcommittee of the Justice and Peace Committee of the Catholic Bishops' Conference of Korea. The ConCourt has been reviewing the case for over three years since Yoon filed the complaint and, after announcing in February last year that it was "carefully reviewing the case from various perspectives due to its significant social impact," scheduled a public hearing after more than two years.

This is the third time the death penalty has been brought before the ConCourt, following rulings in 1996 and 2010 that upheld its constitutionality. In the 1996 constitutional complaint ruling, the court decided by a 7-2 majority, and in 2010 by a narrow 5-4 majority, that the death penalty was constitutional. The majority judges in 1996 noted that "when the deterrent effect of the death penalty becomes almost unnecessary or when public sentiment perceives it as such, the death penalty should be abolished immediately."

During the constitutional complaint process, the Catholic Bishops' Conference argued that there is no evidence that the death penalty helps prevent crime and that South Korea is effectively classified as a country that has abolished the death penalty in practice. Indeed, South Korea has not executed the death penalty for about 25 years, effectively making it a de facto abolition country. The last execution by the government was on December 30, 1997, and the last confirmed death sentence by the Supreme Court was in February 2016, involving Sergeant Lim, the main perpetrator of the GOP shooting incident, six years ago.

However, debates over the retention and resumption of executions of the death penalty have continued. Public opinion favors maintaining the death penalty. Whenever heinous crimes that provoke public outrage occur, petitions calling for the reinstatement of the death penalty are consistently posted on the Blue House's National Petition Board. In a public opinion poll conducted by Money Today in September last year, commissioned to Gallup Korea (with 1,007 respondents), 77.3% supported maintaining the death penalty, while 18.7% opposed it. Among those who supported maintaining the death penalty, 95.5% also agreed with executing serial killers and other heinous criminals.

The global trend, however, is toward abolition. As of the end of 2021, 108 countries had legally abolished the death penalty for all crimes, and 144 countries had abolished it either legally or in practice. Among OECD member countries, only the United States and Japan still carry out executions. Yoon Ji-hyun, Secretary-General of Amnesty International Korea, stated, "Abolishing the death penalty is an irreversible international trend," adding, "The South Korean government also supported the UN General Assembly resolution on a moratorium on executions for the first time in December 2020."

Experts warn that abolishing the death penalty without alternatives could lead to a lack of deterrence effects and suggest the need for alternatives such as life imprisonment. Professor Lee Soo-jung of the Department of Criminal Psychology at Kyonggi University said, "Currently, it is very difficult to reinstate executions. If the death penalty system disappears entirely, defendants may no longer fear punishment, which could result in a kind of non-deterrence effect," emphasizing, "Even if abolished, alternatives must be discussed."

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