[At the Crossroads of the Death Penalty]③ "The Effectiveness of Retaining the Death Penalty is Certain"... 'Life Imprisonment Without Parole' Raises "Concerns About Side Effects"

Regarding the recently reignited debate on the death penalty, legal professionals and experts generally lean towards maintaining the death penalty. They expressed mostly skeptical views on the ‘life imprisonment without parole (absolute life sentence)’ that the Ministry of Justice is pushing to introduce.

"The effects gained from maintaining the death penalty cannot be ignored"

Professor Lee Su-jeong of the Department of Criminal Psychology at Kyonggi University said, "Complete abolition of the death penalty could trigger a disinhibitory effect." She analyzed that the mere existence of the death penalty has a crime deterrent effect, and if the death penalty is abolished, this effect would disappear.

Kim Hu-gon, former high prosecutor and CEO lawyer at Law Firm Robaex, also said, "I do not believe that abolishing the death penalty and creating alternatives will generate new preventive effects." Yeo Sang-gyun, a lawyer at Law Firm KDH who previously worked as a prosecutor at the prosecution and the High-ranking Officials’ Crime Investigation Office, stated, "Even if life imprisonment without parole is introduced, there is no need to abolish the death penalty," adding, "Abolition could rather provoke backlash from victims’ sides." Prosecutors who have directly investigated heinous criminals mostly hold the view that the death penalty should be maintained.

They were also positive about the re-execution of the death penalty. Professor Lee diagnosed, "If criminals think, ‘I’m fine because the death penalty is not executed no matter how many murders I commit,’ ordinary citizens feel that the criminal justice system is insufficient and their fear of crime increases." Lawyer Kim said, "If execution is realistically difficult, it is still meaningful to just maintain the death penalty," but added, "Once the system exists, it is the executor’s duty to use it."

Life imprisonment without parole burdens correctional facilities... 'Another option' for courts

Opinions are divided over the ‘life imprisonment without parole’ that Minister of Justice Han Dong-hoon said he would consider introducing.

There is some expectation, but concerns are greater. First, it is pointed out that correctional authorities would bear a heavy burden if life imprisonment without parole is established. Permanently isolating heinous criminals in correctional facilities would make society relatively safer, but the risks could directly fall on correctional officers and other inmates.

Professor Lee said, "Life imprisonment without parole is not a system that can be operated simply," adding, "There is concern that crimes such as murder and assault inside correctional facilities may increase due to inmates deprived of hope for life." According to the legal community, correctional officers also greatly worry about the introduction of life imprisonment without parole. A correctional facility official expressed concern, saying, "Correctional officers managing criminals who have lost hope are exposed to tremendous emotional labor as well as various dangers." Many responded that the Ministry of Justice’s consideration of designating or establishing ‘special prisons for heinous criminals’ is mere theoretical speculation.

Lawyer Kim pointed out, "If life imprisonment without parole is introduced, sentences like 300 years imprisonment, as in the U.S., could be issued here," adding, "Since human life expectancy is less than 100 years, it is questionable whether such sentences would be seriously accepted domestically," and warned, "There is a risk that the judiciary could be ridiculed."

On the other hand, there are voices supporting the introduction. Lawyer Yeo explained, "If it coexists with the death penalty, our future penal system will be ordered by severity as death penalty - life imprisonment without parole - life imprisonment with parole - fixed-term imprisonment, and from the court’s perspective, having one more sentencing option will allow for more thorough trials."

The Ministry of Justice stated that it will collect various opinions and refer to overseas cases to push for legal amendments regarding the introduction of life imprisonment without parole. Representative countries currently implementing life imprisonment without parole include the United States, the United Kingdom, and Bulgaria. Germany abolished the death penalty in 1949 and introduced life imprisonment without parole, but due to human rights controversies, the Federal Constitutional Court of Germany ruled it unconstitutional in 1978, changing it to life imprisonment with parole. France and Italy also implemented life imprisonment without parole as an alternative to the death penalty but abolished it due to administrative difficulties in corrections and human rights controversies.

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