Ⅰ. Guaranteeing the Fundamental Human Freedoms: 1. Right to Life and Personal Liberty death row were found innocent and released through appeals, etc. from 1973 to Aug. 31, 2018, and according to a report by the National Academy of Science in 2014, approximately 4% of the people on death row are innocent. Of course, some assert that a possibility of misjudgment exists in all criminal procedures and can be minimized by the advancement of science and improving the legal procedures, and therefore, should not negate the entire system of the death penalty. C) The Need to Consider the Abolition of the Death Penalty and the Introduction of Alternative Punishments The survey by the NHRCK in 2018 showed the large number of people believing that 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%).’ However, when asked about the abolition of the death penalty premised on introducing proper alternative punishments, 66.9% agreed with the abolition of the death penalty. This shows that a consensus on the abolition of the death penalty can be formed by introducing alternative punishments. The National Assembly continuously proposed the ‘Special Act on the Abolition of the Death Penalty’ since the 15th session and suggested imprisonment with labor for life (15th and 16th sessions) and absolute life imprisonment (17th~21th sessions) as alternative punishments for the death penalty. However, the Constitutional Court, in its decision to uphold the death penalty in 2010, stated that the absolute life imprisonment without the possibility of parole, where the prisoners are detained until their natural death, is punishment similar to that of the death penalty and is not free from criticism that the prisoners’ connection to the community is permanently severed, The NHRCK stated on Apr. 6, 2005 that, along with the abolition of the death penalty, life imprisonment without the possibility of a reduced sentence or parole, 19

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