A New Perspective on the Death Penalty
Since sustenance and abolition of death penalty system have an argument about the world view, we cannot conclude which one is right. The death penalty system can be changed by the age and situation. In Korea, the death penalty system is based on the situation of its application and Korean people's mind of law. So we should investigate the death penalty system in terms of fluctuating the two factors. In the first stage, the death penalty system has to be reformed with respect to reduction of the death penalty regulation, establishment of the criteria in death penalty application, and elaboration of criminal suit procedures. In the second stage, the system of death penalty suspension should be introduced as a transitional one to abolish death penalty. This is the necessary system from the viewpoint of humanism and criminal policy. It is also essential to avoid misjudgement. This system has a five-year deferral period, in which after five-year suspension, we will determine whether death penalty is executed or penal servitude for life is served. In the final stage, when it is legally convinced that people in Korea reach a consensus to abolish death penalty, we should introduce special penal servitude for life, which is more strict than the present penal servitude for life. Moreover, we should reform regulations of criminal law to be able to assign penal servtude for life as well as special one to criminals.