刑法規範 및 基督敎 倫理의 측면에서 본 死刑制度

Death Penalty in the Sight of Criminal Law and Christian Ethics

  A penalty has retributive or redemptive character as well as preventive purpose, which includes purpose of general and special prevention. From this point of view, We can say that a punishment also has retrospective and prospective characters. If we recognize retrospective character of the punishment, we can restore loss of humanity which is caused by looking at the penalty as protecting the society from the criminals. By acknowledging prospective character, the penalty can transcend its general definition as revenge, and it will also achieve its justice. However, death penalty can"t have a right purpose as punishment because it can"t reach this purpose. Death penalty is not a main theme in the Bible. It is only just appeared as one of the legal system in the Old Statement, and it is sporadically mentioned in the New Statement. Christian understanding about the penalty is generally not about punishment of one"s behavior which happened in the past, but it has to be understood as imposing responsibility on the future. Also, the penalty has to be understood as the mean for reformation of sinner and return of the community in society. Therefore, death penalty doesn"t correspond with the motive of the Bible especially with the New statement and Christian Ethics.