The death penalty is one of the oldest forms of punishment, and despite its evil nature it still remains a worthy system. Ultimately, of course, the capital punishment is stepping towards extinction. Also, many countries are banning it altogether, if not already banned. However, it is rather inappropriate to say that a country that prohibits execution is a country that assures humans rights. Similarly, a person against the death penalty does not necessarily mean that he/she is a human rights activist. So far, the debate whether to continue or to abolish the capital punishment has been valued too abstractly by ethical and religious measures. It is true that the death penalty has realistic functions such as acting as the last measures to social protection, realizing judicial definition, and reducing criminal judicial cost, however, they have not been valued properly. Thus, these functions must be considered before a decision can be made whether to use the death penalty or to eliminate it from the society. The capital punishment has been used as means to control the society, the East and the West alike, from the ancient times and has undergone many changes historically. One of the main problems of the system, however, is the fact that it has been used as a political tool. Therefore, the death penalty has to be prevented altogether from being used as an instrument to rid of political opponents or to suppress minor powers or alienated groups. In addition, the system has to be strengthened by devising plans to minimize the room for error. Criminal law that allows death penalty to political offenders or public safely violators should be revised. Meanwhile, trial procedures, such as trials by jury, also need changes so that the highest level of prudence is given for the capital punishment. The capital punishment is a fearful system where human lives are take away but is also absolutely necessary. It is an appropriate retribution for those immoral members of the society who has no respect for the life of others. It also is a defense mechanism to prevent more lives from being harmed. Therefore, we must change our attitude about the death penalty to a more realistic viewpoint. In general, those criminal procedures that only protect the criminals rights should also be revised to protect the victims instead. In sum, the capital punishment will no longer be needed when the criminals that deserve the ultimate punishment no longer exist in our society.

死刑制度에 관한 硏究
  Ⅰ. 序論
  Ⅱ. 死刑制度 槪觀
  Ⅲ. 死刑存廢論
  Ⅳ. 死刑制度의 必要性 및 改善方案
  Ⅴ. 結論
  참고문헌
  ABSTRACT

• 金鎭赫(경남대학교 법행정학부) | 금진혁