Key NHRCK Activities
Korea is classified as a de facto abolitionist state because it has not enforced the death penalty
for over 20 years. From 2005, the first year it expressed opinion on this issue, the Commission has
consistently maintained the view that the death penalty should be abolished.
While the government’s stance is prudent about abolishing the death penalty, it supported the
“death penalty moratorium resolution” for the first time in 2020, making a step in this direction.
The Commission is of the view that human life and the right to life are the most basic of basic
rights that the state not only has an obligation to protect and guarantee, but also has no authority
to take away. Also, because the death penalty artificially takes a person’s life away when the latter
has been defenseless for so long since committing a crime, the Commission saw it as a cruel and
inhumane punishment.
that its maintenance and enforcement have had the intended deterrent effect on crime, which is the
Part 2
It also concluded that death penalties cannot be justified, because it has not been clearly shown
principal policy objective, and because, unlike other punishments, there is no way for damages to
In addition, because there are other alternative methods that would achieve the same policy
objective, the Commission decided to submit opinion that the death penalty should be abolished as it is
a violation of the principle of proportionality and thus a fundamental violation of the right to life.
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Key NHRCK
Activities
be undone once a person is sentenced to death, but innocent.