Ⅰ. Guaranteeing the Fundamental Human Freedoms: 1. Right to Life and Personal Liberty hand, a bill was submitted on Jun. 30, 2020 to partially amend the ‘Criminal Procedure act’ to carry out the execution of death penalties within 6 months from sentencing in case of heinous crimes and crimes against humanity. B) Long Debate Surrounding the Death Penalty In its decision to uphold the death penalty in 2010, the Constitutional Court held that the death penalty is a justifiable retribution for heinous crimes, not against the principle of minimizing the damage, and is a proper method to achieve the legislative intent. This is in line with the results from a survey conducted by the National Human Rights Commission of Korea in 2018, the ‘Survey on the Abolition of the Death Penalty and Alternative Punishments,’ where the death penalty should be maintained but execution or sentencing should be done carefully (59.8%) and the death penalty must be maintained and/or strengthened (19.9%) outweighed the immediate abolition of the death penalty (4.4%) and should be abolished in the future (15.95%). However, there are opinions that the state only has the obligations to protect and guarantee the right to life, not the authority to rid of the right to life. Human lives are noble, as acknowledged by the Constitutional Court, are irreplaceable and the right to life is the most fundamental right. The death penalty clearly is an inhumane punishment in that it is carried out after quite some time has elapsed since the crime by taking the life of a person in a defenseless state, and it causes extreme mental agony and fear with its execution method, as well as having a person await its execution. It is generally accepted by the international community through Article 3 of the Universal Declaration of Human Rights, Article 6 of the ICCPR10), and the Second Optional Protocol to the ICCPR aiming at the Abolition of the Death Penalty, etc. 10) International Covenant on Civil and Political Rights (ICCPR) 17