민간 - 군(軍) 사형확정자의 비교를 통한 형사정책적 제언

Abstract

As of April 2022, there are 59 prisoners on death row in Korea. 55 people are distributed to civilian correctional institution and 4 people are being detained in the military prison. Although it is the same as having a legal status as prisoners on death row, civilian and military prisoners on death row show differences in many ways. In terms of law, 「the Criminal Procedure Act」 - 「the Military Court Act」, 「the Inmates treatment Act」 - 「the Military Inmates treatment Act」, 「the Criminal Act」 - 「the Military Criminal Act」 are respectively applied, and have different characteristics in terms of death penalty method and transfer. In terms of prison life, there were differences in the legal principles of living alone and living together, and in education and medical care. In terms of criminality, the crimes of military prisoners on death row compared to civilian prisoners were very limited in terms of means, places, and subjects. Therefore, we would like to discuss improvement measures that Expanding the possibility of transfer of Military Death Row, Improvement of the death penalty from firing to hanging in normal times, Measures related to Military death row when the Military Court Act, which is changed from July 1, 2022, goes into effect, Special commutation review considering the different characteristics of the crime Through criminal policy proposals for the stable life of prisoners and the guarantee of human rights.