Issue 3: Abolition of Death Penalty
Status
13.
International society has recommended abolition of death penalty by
several means including the Committee’s concluding observations on the
combined third to fifth periodic reports of the Republic of Korea (2017) and
third Universal Periodic Review on the Republic of Korea (2017), however,
the Korean government has not officially abolished death penalty to date.
14.
While noting the moratorium on the application of the death penalty
has been more than 20 years since 30 December 1997, there are still 61
persons on death row.
15.
The NHRCK recommended to the Korean government for joining the
“Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty” and the
abolition of death penalty stipulated in Military Criminal Act, considering
that; the death penalty is cruel and inhuman punishment which violates the
essence of human dignity, values and the right to life guaranteed by the
Constitution and international human rights standards; it is difficult to
recognize the criminal deterrence of the death penalty; and the death penalty
has not been executed for more than 20 years since 30 December 1997.
16.
On the other hand, some argue that the death penalty is a punishment
imposed only on violent crimes and it is necessary to punish with death
penalty in view of the cruelty of the crime or severe pain, loss of the victim's
family and national sentiment. The 2018 NHRCK survey on abolition of
death penalty and alternative penalties showed that only 20.3% of
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