[At a Crossroads: Death Penalty] ① Majority of Citizens Say "Retrial Needed"... Constitutional Court Decision Also Imminent

The death penalty, a subject of ongoing debate about its existence in our society, has reached a new crossroads. Will it be carried out again after 27 years of dormancy, or will it be abolished altogether? Reinstating executions signals the government's intention to maintain the death penalty. At the same time, it reflects a self-awareness that our society still recognizes the death penalty as necessary due to prevailing dangers.

As heinous criminals threatening our daily lives have emerged, public demand for the reinstatement of executions has grown stronger. Incidents of violent attacks with weapons have occurred at subway stations used daily, and online posts threatening mass murder have caused widespread anxiety among citizens. Experts have appeared in the media urging a decision on the continuation or abolition of the death penalty.

On the 12th of last month, Pyo Chang-won, head of the Crime Science Research Institute, appeared on a TV entertainment program and diagnosed the current reality in which the death penalty is neither enforced nor abolished in Korea as "being paralyzed by concern over international opinion and public sentiment, resulting in inaction. This is due to cowardice." On the other hand, there are also many voices saying it is still too early to make a definitive decision on its existence. Lee Soo-jung, professor of criminal psychology at Kyonggi University, emphasized to this paper, "We are not yet properly prepared for the abolition of the death penalty."

Amid this, this paper conducted a three-part series to gauge public opinion on whether to reinstate executions and to outline the process if executions were to be carried out again. We also gathered expert opinions.

Yu Young-cheol Photo by Yonhap News

Graph of the death penalty survey results. Graphic by Kim Chaeryeong

Our Survey: 77.1% of Citizens Say "Executions Should Resume"... Reason: 'Social Stability'

The Ministry of Justice has prepared conditions to immediately carry out executions. According to the legal community on the 16th, under the direction of Minister of Justice Han Dong-hoon, the environments of execution facilities at four correctional institutions (Seoul Detention Center, Busan Detention Center, Daegu Prison, Daejeon Prison) were improved. Additionally, death row inmates whose executions had not been carried out, including serial killer Yoo Young-chul, were transferred to the Seoul Detention Center where executions can be performed. Notable inmates such as Kang Ho-soon and Jung Doo-young are also incarcerated there. Thus, if there is national consensus and government decision, executions can be carried out at any time.

Experts agree that the government can only decide once there is a "national consensus." Therefore, to directly gauge public opinion, this paper conducted a survey from the 10th to the 13th of the month on the streets of Seoul and online. No restrictions were placed on respondents' gender, age, or region. The focus was on what answers were most common when randomly asking people on the street about their views on reinstating executions.

Among 132 respondents, about 80%, or 101 people (77.1%), answered that "the death penalty should be reinstated." Conversely, 28 respondents (21.4%) said "the death penalty should be abolished without reinstatement."

The reasons for supporting reinstatement included "it can deter crime and stabilize society," cited by 55 respondents (54.5%), and "heinous criminals must be severely punished," cited by 45 respondents (44.6%). Other opinions followed the 'principle of retribution,' stating that "those who do not value others' lives should receive the same punishment."

Those who argued for abolition cited "there are alternatives to the death penalty" (18 respondents, 66.7%) and "life is sacred" (8 respondents, 29.6%). Some also claimed that the death penalty does not actually reduce serious crimes and that more focus should be placed on correction, rehabilitation, and education.

Some respondents offered compromise views without clearly supporting or opposing executions. Suggestions included "reinstating executions but considering inmates' behavior records and reviewing cases before execution" or "executing only special cases such as heinous criminals caught at the scene."

Yoo Nam-seok, Chief Justice of the Constitutional Court. Photo by Asia Economy

Constitutional Court to Decide on Death Penalty's Constitutionality on the 26th

The Constitutional Court is expected to soon present a 'guideline' on whether to reinstate executions, drawing attention. Legal circles increasingly anticipate that the court will issue a ruling on the constitutionality of the death penalty on the 26th. Since Chief Justice Yoo Nam-seok's term ends on the 10th of next month, the 26th is expected to be the last ruling day before his departure, making it likely that a decision on the death penalty will be announced then.

Previously, the Korean Catholic Bishops' Conference's Justice and Peace Committee's Death Penalty Abolition Subcommittee filed a constitutional complaint against Articles 41 and 250 of the Criminal Act, which stipulate the death penalty. A conclusion on this case may be reached on the 26th. The Constitutional Court held a public hearing on this matter on July 14, 2022.

If the court issues a ruling this time, it will be the third in history. Previously, the court ruled the death penalty constitutional with a 7-2 vote in 1996 and a 5-4 vote in 2010.

The Ministry of Justice is also pursuing a plan to introduce a new provision in the Criminal Act for "life imprisonment without parole," which would coexist with the death penalty regardless of the Constitutional Court's decision. Meanwhile, there are currently 59 death row inmates in South Korea, all sentenced to death for murder and serving their sentences. The last executions were carried out on December 30, 1997, involving 23 inmates.

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