Departmental Bulletin Paper 韓国の死刑執行停止に関する研究(1)
The Moratorium on Death Penalty Executions in South Korea (1)

藤原, 凛

14 ( 3 )  , pp.127 - 168 , 2015-11-10 , 一橋大学大学院法学研究科
This study investigates the significance of the moratorium on the death penalty executions in South Korea. It focuses on the diversification of systems in social environments to reassess the uniform concept of capital punishment that has existed as the accepted premise in previous studies. The capital punishment system in South Korea has been perceived as "a method of state regulation of crime that is passed through a fair process and through judgment and sentencing." Accordingly, the main reason for the end of capital punishment, as seen in certain political elements of the process by which the application of the death penalty was ended, was interpreted to be the political leadership of the powerful elite. However, before the country ended the imposition of the death penalty, the capital punishment system in South Korea had become more like "capital punishment with military and political characteristics" and, in that way, differed from the legal authorization of "capital punishment as a legal and punitive system." Over the last 100 years, the legal role of the capital punishment system has drastically decreased due to the government's use of the death penalty for arbitrary infractions and definitions of illegality. Consequently, the Koreans had developed a death penalty perspective that interpreted the capital punishment system as an authoritarian mechanism.

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