"Death Penalty Not Enforced for 27 Years"
"Consider Practical Punishment and Social Impact"
As the sentencing hearing for former President Yoon Suk-yeol's insurrection ringleader case approaches, attention is focused on the sentencing recommendation by Cho Eun-seok's special prosecution team for insurrection. In this context, a legal scholar has stated that life imprisonment would be appropriate.
Former President Yoon Suk-yeol is attending the first trial for charges including obstruction of official duties and abuse of authority at the Seoul Central District Court in Seocho-gu, Seoul, on September 26 last year. Photo by Yonhap News Agency
Han In-seop, professor emeritus at Seoul National University School of Law and an expert in criminal law, wrote on his Facebook page on January 9, "What should be imposed on the ringleader of an insurrection is the most severe penalty that can actually be enforced," adding, "Under our legal system, the most severe enforceable penalty is not the death penalty, but life imprisonment."
Professor Han explained, "Although the death penalty exists legally in Korea, it has not been carried out for 27 years," and added, "Therefore, even if a death sentence is handed down, its practical effect is the same as life imprisonment." He continued, "Even if the prosecution seeks the death penalty and it is sentenced in the first trial, as the appeals process unfolds, it is highly likely that Yoon Suk-yeol will ultimately receive life imprisonment," noting, "There is also precedent for this with former President Chun Doo-hwan, whose sentence was finalized as life imprisonment." Former President Chun was sentenced to death in the first trial in 1996 on charges including leading an insurrection, but his sentence was reduced to life imprisonment in the second trial and confirmed by the Supreme Court.
Professor Han also noted that if the death penalty is imposed, it could strengthen the unity of Yoon Suk-yeol's supporters or create a "martyr narrative" around the former president. He said, "Death row inmates tend to rally their followers and gain a martyr effect. Even if they have done wrong, the death penalty is seen as having paid their debt to society, so the effect of criticism is reduced, and instead, the impression left is so strong that it can overshadow their misdeeds in life."
He added, "There is no reason for Yoon Suk-yeol to be terrified or fearful if the prosecution seeks or the court sentences the death penalty," explaining, "It is obvious that it will not actually be carried out. On the contrary, he could use the death sentence as a badge of honor to rally his supporters. He would also be able to collect much more in prison deposits or through Super Chat."
Furthermore, he emphasized, "Sentencing him to life imprisonment confirms that he is the worst kind of criminal, not as a political figure, but as belonging to the category of ordinary criminals."
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