The Report on Human Rights Situation in the Republic of Korea 2008HunGa23). However, the court must determine the faith of the death penalty again, as a trial (Case No. 2019HunBa59) is underway on the constitutionality of Article 41(1), etc. of the Criminal Act that prescribing the death penalty. The international community has continuously recommended an abolition of the death penalty to the Korean government. Starting with an opinion on the abolition of the death penalty in 2005, the National Human Rights Commission of Korea has also made a recommendation to the prime minister, the Minister of Foreign Affairs and the Minister of Justice to join the ‘Second Optional Protocol to the International Covenant on Civil and Political Rights’ aiming at the abolition of the death penalty in 2018, and also submitted an opinion on the abolition of the death penalty to the Constitutional Court in February 2021 as related to the constitutionality of the death penalty. The Korean government agreed to the ‘Moratorium on the Use of the Death Penalty’ for the first time on Nov. 16, 2020 at the 75th UN General Assembly, 46th regular session.9) However, the government is holding the position that abolishing the death penalty must be considered carefully by considering the controversy surrounding the issue, the criminal policy roles played by the death penalty, people’s opinions and legal sentiments and domestic and international circumstances, etc., as it is an important issue related to the fundamentals of the state’s punishment power. The Ministry of Justice also delivered its opinion on the constitutionality of the death penalty to the Constitutional Court on Jan. 14, 2021. On the other hand, the National Assembly introduced a ‘Special Act on the Abolition of the Death Penalty’ at the Legislation and Judiciary Committee on Mar. 4, 2020, but was discarded at the end of the 20th National Assembly. The same law has been re-submitted to the Legislation and Judiciary Committee on Oct. 7, 2021, while the actions to abolish the death penalty are being implemented. On the other 9) Moratorium on the use of the death penalty refers to the temporary suspension of death penalty, and was adopted for the purpose abolition of the death penalty at the UN General Assembly. 16