사형확정자의 처우

Abstract

In this article are discussed system, contents and individual issues of the treatment of inmates sentenced to death penalty in the Revised Prison Act. The revised Act is positively distinguished from the old Act, in that it establishes the separate chapter about the treatment of inmates sentenced to death penalty and expresses distinctly the separate accommodation from the another inmates. Because the revised Act ist still focusing on regulation of the acceptance and treatment of prisoners, the treatment of the heterogeneous inmates such as inmates sentenced to death penalty is not enough regulated. Besides the practitioners lack proper awareness about legal status of the inmates sentenced to death penalty, because they regard as necessary to emphasize on establishment of accommodation order in the treatment of the inmates sentenced to death penalty, who committed severe crimes, and feel the need to treat the death penalty inmates positively, due to increasement of accommodation periods with the lapse of the long-term no enforcement of the death penalty. In addtion, according to the integration of contents in existing presidential ordinance, various ministerial instructions and established rules to the revised presidential ordinace and the ministerial ordinance, individual contents don't still find its feets. The juridification of the execution of a custodial sentence means not only fixation by law about the execution process, but laying the execution of a custodial sentence under the principle of rule of law. And it must be focused on the guarantee of rights and freedoms of inmates, considering differential status of inmates such as prisoners, detainees or inmates sentenced to death penalty and the contents, which should be regulated in law or mandated ordinances, should be clearly distinguished. In this sense the Revised Prison Act can be evaluated as stanching out to proper treatment of inmates sentenced to death penalty, but for the development of the Act the in-depth analysis and complement of the individual provisions should be taken consistently.