[Death Penalty at a Crossroads]② If Reinstated, Same Method as 26 Years Ago... "Could Spark New Debate"

"Strict punishment is necessary to alleviate the public's fear and the bereaved families' pain."

On the 16th, the prosecution demanded the death penalty for four 'coin kidnapping murderers' who abducted and killed a woman in the heart of Gangnam last March. The defendants targeted for sentencing are Lee Kyung-woo (36) and Hwang Dae-han (36), who directly kidnapped and murdered the victim, and the couple Yoo Sang-won (51) and Hwang Eun-hee (49), who conspired in the crime and provided funding.

Lee Kyung-woo, who was indicted on charges of kidnapping, murdering, and disposing of the body of a woman in her 40s in Gangnam, Seoul.
[Photo by Yonhap News]

However, even if the court sentences them to death, the execution remains uncertain. Even serious criminals such as murderers are well aware of this. For this reason, there are criticisms within the legal community that the weight of the death sentence is diminished. There is also skepticism about whether defendants sentenced to death truly realize the gravity of their wrongdoing and repent. This is one of the reasons why calls for the re-execution of the death penalty have recently gained momentum. In August, in Changwon, Gyeongnam, a man in his 60s charged with murder told the court, "Please carry out the death sentence decisively once and save the prosecutor's face." When he was actually sentenced to death on August 24, he burst into laughter, stood up, and applauded above his head.

Judgment Made After Deep Deliberation... Execution Lies in the Hands of the Minister of Justice

According to explanations from current and former prosecutors, the prosecution carefully reviews various circumstances before demanding the death penalty. Kim Hu-gon, CEO of the law firm Robaex and former Seoul High Prosecutor, who has experience demanding the death penalty during his tenure as a prosecutor, said, "About 70-80% of the focus is on the nature of the crime, the victim, and the essence of the case. Then comes the crossroads of whether to demand the death penalty or life imprisonment." He added, "At that time, we review conversations with the defendant during the investigation process and assess the possibility of rehabilitation."

If the court sentences the defendant to death up to the final trial, the defendant becomes a death row inmate. Judges also exercise utmost caution when issuing death sentences. However, considering the reality that the death penalty has not been executed for nearly 30 years, many judges tend to favor life imprisonment over the death penalty.

The execution of the death penalty is decided by the Minister of Justice. Once the death sentence is finalized, the head of the prosecution office with jurisdiction over the court sends the judgment transcript and the death row inmate's family register copy to the Minister of Justice through higher authorities within four months. Upon receiving these, the Minister of Justice can order the execution of the death penalty. The prosecutor in charge must carry out the execution within five days of the order.

Death row inmates can request to meet with clergy. During the era when executions were carried out, some death row inmates confessed their sins or expressed grievances and fears in front of clergy the day before execution. Clergy can also accompany the inmate on the day of execution.

Re-execution Follows the Same Method as 26 Years Ago... 'Human Rights-Friendly' Issues May Arise

Under current law, the method of execution for ordinary death row inmates in South Korea is hanging. Specifically, it is the 'drop-down' type, where the floor beneath the inmate's feet drops. According to officials from the Ministry of Justice and the legal community, if executions of current death row inmates are carried out, they are expected to follow the hanging method last used 26 years ago.

Death row inmates can make last wills, and in the past, execution officers made efforts to allow inmates to make their wills as much as possible. During execution, the inmate is shielded by a screen, and after execution, the prison warden and medical examiner confirm death. Many past death row inmates donated their organs.

If executions are carried out in this manner, the legal community anticipates new controversies. A legal community official said, "The past hanging method does not align with the current sentiments of our people," adding, "Among various methods, we need to consider what the most 'human rights-friendly' method of execution is."

Besides hanging and firing squad (for military personnel), other execution methods include gas chamber, lethal injection (poisoning), electric chair, beheading, and stoning. Hanging has been continuously criticized in academia for its 'cruelty.' It has a higher failure rate compared to other methods and the manner of death may violate human rights. It is worth noting that Japan, which has carried out hanging for a long time, is currently facing controversy over execution methods. Last December, three death row inmates imprisoned at Osaka Detention Center filed a lawsuit with the Osaka District Court claiming that hanging violates the constitution's prohibition of cruel punishment. Countries such as the United States, China, and Vietnam use lethal injection. Lethal injection is similar to euthanasia, where drugs are administered to stop the functioning of internal organs.