『비판적 환경주의자』
이상돈
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임광규

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                      DEATH PENALTY IS FOR JUSTICE AND HUMAN RIGHTS  OF VICTIMS SACRIFICED BY CRIMES AND TERRORS

My experience as a civil society movement activist and a human rights activist as follow will be helpful for easy understanding of my pro death penalty stance.
    
Copernican Conversion From Anti-Death Penalty
To Pro Death Penalty Within No Abuse Of Death Penalty

I was once an abolitionist on death penalty and a civil movement activist ranging from mid-1980s to mid-1990s. In 1980s, I insisted anti-death penalty at a forum held by Daegu branch of Korea Amnesty International. And I had protested death penalty in other chances for anti-death penalty movement. Several times I had signed petitions by anti-death penalty civil or religious groups demanding the abolition of death penalty.
Therefore my argument for pro death penalty within no abuse of death penalty means Copernican conversion from anti-death penalty once I had supported for a long time. When I insisted on the abolition of death penalty, I pleaded so many activist students for the political struggle and labor union activists.
My too idealistic not based on reality urged me against death penalty. However, as I have disappointed in suspicious radical idealism not only not based on reality but lacking in national security and democracy, so I have paid more attention to reality as it is suffering from crime and terror everywhere in the world. Moreover, I have recognized their radical identity mainly have resulted in weakening national security, national interest and even democracy. That is why I support pro death penalty to prevent criminals from violating numerous crimes.  

My pleading as a lawyer for so called political prisoners    
To some extent, I did not agree with them though, but my reading on liberation theology, the theory of dependence, radical civil movements and things like that made me not to hesitate to get      
along with them. However, liberation theory, the theory of dependence, radical civil movements are not always right though, partially theories and movements include truth. There was once more than ten so called political prisoners I had met in prison at a time so as to prepare  pleading them in the next judicial court trials.  
Ironically, my experience to plead them let me be suspicious not only of their identity but also of my radical thoughts. I don't deny that some of them were humanitarian but radical though. But most of them demonstrated for the abolishment of National Security Law, withdrawal of U.S. army, criticizing South Korea Industry as Comprador Capital ought to be overthrown, regarding South Korea Government as Puppet Government to be overthrown, sometimes with petrol bombs and dangerous things. In addition, their written words were too radical and full of violent passions.  

     Radical Activists. Their Suspicious Identity

As a result, in the early stage of my sincere efforts and passions for pleading them could not continue very long. During that time, I began to recognize their  identity threatening national security and even democracy. Of course, I tried and tried to persuade them to understand national security and democracy. But they seldom admitted that National Security Law and U.S. army station in Korea were inevitable for national security and democracy.    
It was almost impossible for me to persuade them to change their firm beliefs.
I often was delighted to hear that some of them managed to occupations successfully, so no longer took part in the movements demanding abolition of National Security Law.  
However, I was disappointed at their silence on the oppressed human rights in North Korea while they demonstrated demanding abolition of National Security Law, withdrawal of U.S. army stationed in South Korea, overthrowal of South Korea Government & Industry and things like that.  

   Why I Gave Up Pleading Them Any More?

I wanted to give up pleading them any more, but  
I hesitated to. At that time, there were extremely few lawyers to plead radical activists. It was very hard to find other lawyers to plead them if I denied to plead them. I worried their radical thoughts became more radical if they did not get help from lawyers provided by Constitution. I thought that they might be also products presented by divided tragedy in my unhappy country Korea. They were pitiable suffering from prejudice. Sometimes I felt that it was my duty to persuade them to get balanced ways of thinking, however hard my effort to change their mind was. That was why I could not give up pleading them.

My Disappointment On Pro North Korea Activists
          
However, my determination could not continue very long. Whenever I got presents such as North Korea novels, Records to trip to North Korea and North Korea Products and things like that, I had been in  doubts on their suspicious identity. Their presents were mostly about North Korea to beautify or worship North Korea regime. It was certain to educate me by North Korea novels and records. It was critical cause why I could not plead them any more.  
I really wanted them to change their radical activism by my constant heated persuasion based on democracy and national security during prepared contact in prison for pleading in court trial, but seemed mostly in vain.
My activities like these by pleading radical activists in court trials contributed to enhance democracy and human rights to some extent, but in general, resulted in not only weakening national security and  but also malpractice in democracy and human rights.  
Frankly speaking, my curiosity and understanding in some favor of liberation theology, theory of dependence, radical reform theory had made me so many mistakes, trials and errors, and sins. In this respect, I have felt guilty on my past radical thoughts and activities.

My Copernican Conversion From Radical To Moderate

As I have got in touch with various kinds of thoughts, ideologies, and religions by reading so many various kinds of books, documents, records, information, and things like that, I have broaden my intellectual width and depth.
As a result, my thoughts and activities have made from radicalism to moderate and pragmatic thoughts and activities balanced with diversity. I don't deny that liberation theory, theory of dependence, and radical reforms are right to some extent. But in general, they are mostly radical in thoughts and activities rely on not only revolution with all the possible means such as violence and terrorism but also denying peaceful coexistence and diversity.      
In the past, I was once dogmatic to criticize our past authoritarian regime severely in the light of only idealistic democracy. As a result, I was        
frivolous in analyse the past history without fairness by disregarding the past economic success achieved by authoritarian regime quite different from other military regimes in Asia, Africa and Latin America failed in economic development.

Does our democracy based on popularity, zero sum game and power extension contribute for democracy ?

After democratization, it has been certain to develope democracy such as election, local autonomy, human rights, liberty and things like that to some extent. But tremendous election expenditure, public commitment based mainly on popularity  by candidates and their practice without careful verification, and zero sum game whenever we have got transfer of government have resulted in weakening national interest and even democracy.   Particularly, since the present regime was elected, malpractice of various reforms have been more worsen than before. Public fund wasting, budget wasting, increasing debts of state-run enterprise, bank crime spending public fund, mass destruction of development restricted district by law, abolition of interest restriction law, political corruption more than before, unfair investigation into politics corruption scandals so called various gates by public prosecutors except special public prosecutors, oppression on main three presses for power extension by unfair tax probe, South - North Talk and assistance to North Korea not based on rule of law, reciprocity and verification but based on power extension have resulted in threatening national interest, national security, democracy and rule of law.  

Our Past and Present Government.
Merits And Demerits        
            
There has been merit and demerit, strength and weakness in the world history.  The past authoritarian regimes showed weakness and demerit in democracy, but strength and merit in economic development. On the contrary, the past and present democratic regimes have showed strength and merit in democracy but weakness and demerits in economic development.
As a result, Korea have been respected due to success in economic development and democracy by the World. The present Kim Dae-jung regime is also no exception. But strictly speaking, as I explained before, in the light of extreme political corruption, unfair investigation, brutal oppression on the press contributing for our national security and democracy by unfair tax probe, not rule of law, but rule of man, the present regime is the most failed regime since 1945.          

My Mistake, Trials And Errors
Is It Desirable To Abolish Death Penalty?

I have also made many mistakes, trials and errors, and once made error asking for abolition of death penalty. I really regret my past mistakes. That is why I publish my view in favor of death penalty    
within no abuse of death penalty.
Is it desirable to abolish death penalty? United Nation, Europe Union and even John Paul Ⅱ recommend every nations declare abolition or moratorium on death penalty in the name of human dignity, human rights and religious holiness.       Many religion groups and human rights groups home and abroad are the same.
Countries abolished or not executed death penalty are more than countries retained death penalty. Therefore world trend let abolitionism seem to be right.    But 38 States still retain death penalty in the United States. China and Japan have kept death penalty. 87 countries still have supported death penalty and its execution.  

Do countries against death penalty respect human right in reality?

If we examine carefully which countries are for or against death penalty, we can find out whether abolish death penalty or moratorium on death penalty or not, can not be standards for human rights.  
Angola and Haiti already abolished death penalty, but Angola and Haiti are introduced to be included the worst 10 countries by July, 9, 2001, Newsweek. Are Angola and Haiti proud of abolishing death penalty in the name of human dignity, human rights and holy religions? Absolutely not.  

Now is the time for us to fight against numerous crimes and terrors threatening human lives and global peace

Now is the time for us to analyse argument for justice and human rights on the base of protecting mankind worldwide suffering from terror and crime. In general, we have developed democracy except less developed countries, but we are still not optimistic with regard to justice and human right. Many critical obstacles we have been facing at present everywhere in the world.
In reality, crimes have worsen more than before except some regions. Increase or decrease in crimes, there are no difference in threatening quality of life and human rights. Moreover, refugees have increased rapidly resulting from conflicts between different sides such as race, religion and ideology. In addition, crimes tends to be organized home and abroad, and even organized cross borders worldwide with solidarity threatening global peace.  
Drug abuse have spreaded rapidly worldwide through mass production and distribution by organized criminal groups resulting in destroying human spirit and human health. In Korea, increasing narcotic crime criminals have been more than 10,000. Therefore narcotic crime threatens morality and justice everywhere in the world.
Moreover, frequent terrors and suicide bombing represent how dangerous global peace is at present. These critical situation need not only strong and effective criminal punishment to deter crime and terror but also improve social condition not to        
bring about crime and terror with proper social policy  

Abolitionism has contributed to deter the abuse of death penalty, but -
Who will be delighted most if we abolish death penalty?

Historically, criminal punishment have played an effective mean to deter crime. But in the past history, criminal punishment including death penalty have been abused worldwide. Anti-death penalty has been a product of counteraction to the abuse of death penalty. Therefore it has contributed to fight against the abuse of death penalty and other punishment to some extent.        
Abolitionists insist that death penalty is cruel and inhuman punishment with no deterrence to crime, sacrificing innocent victims by wrong judgement, forcing executors to manage an occupation to execute death penalty contrary to ethics.  
They criticize death penalty as an institutional murder, killing God or Buddha.
Who will be delighted most at the abolishment of death penalty? Cruel murderers and organized crime groups are the most beneficiary by abolishment of death penalty or moratorium on death penalty.

How about human rights of victims sacrificed by crime?

Abolitionists don't care as to whether how many innocent victims have been sacrificed with cruelty by crimes. They have been anxious only to save cruel murderers. How about human rights, human dignity, and religious holiness of numerous innocent victims sacrificed by brutal murderers and terrorists?
How about human rights of millions of Jews slaughtered with cruelty by Hitler regime? I would like to ask whether abolitionists are anxious to save cruel murderers like Hitler by disregarding precious human rights of numerous victims.  
How about human rights of victims sacrificed by contract murder, rape murder, burglary murder, kidnapping murder, arson murder, genocide, habitual murder, serial murder, suicide bombing, racial conflicts accompanied murder, terrorists attack etc. Why do you insist anti-death penalty for brutal criminals?  Don't you hear crying of families of victims sacrificed by cruel criminals and terrorists?  

Wrong judgements have been extremely rare due to
improvement of judiciary and evidence law

I don't deny abolitionism has contributed to fight against the abuse of death penalty to some extent. But nowadays as many countries except some less developed countries have improved police, public prosecutor and judiciary much better than before, wrong judgement by judiciary have been extremely rare.
In Korea as well as in the United States, guilty sentence required firm conviction based on evidence beyond reasonable doubt seldom allow wrong judgement in reality. Moreover, prudent standards about aggravating or mitigating factors in judicial sentence let judge make sentence criminals death    
penalty too prudently. It means the possibility of wrong judgement on death penalty have been scare.      

In comparison with other human activities such as transportation,
industry, medical care, electricity, and fire, victims by wrong judgement are extremely rare  

Other human activities such as transportation, industry, medical care, electricity, fire and things like that have accompanied many innocent victims and property damages sacrificed by traffic accidents, industrial disasters, leakage of electricity, medical malpractices and fire disasters.
Despite victims and property damages, no one want to abolish transportation, industry, electricity, medical fare, and fire because of their great contribution to improve quality of life.
In death penalty as well as in other various criminal punishments, wrong judgement have been occurred. But as I explained before, the rate of wrong judgement has been extremely rare due to prudent legal procedure and strict evidence law. If we are afraid of even extremely rare wrong judgement by judiciary, we should abolish not only all the criminal punishments including death penalty, but also police, public prosecutor, and even judiciary.
It is apparently contrary to justice, human rights and common sense.

Is death penalty an institutional murder?
Is death penalty just like killing God or Buddha?
Is death penalty a cruel and inhumane punishment?

Is death penalty an institutional murder?  It is wrong and a jump in the logic of abolitionists to identify death penalty as a criminal punishment with murder crime committed by cruel murderers and terrorists.  
Is death penalty really just like killing God or Buddha? Do you think murderers and terrorists are just like Gods or Buddhas to be created in the image of God or to have the nature of Buddha?
It is a big jump in the logic of abolitionism. If we insist this logic, all the guilty judgement and criminal punishments are just like blasphemous judgement and punishment to God or Buddha never to be allowed. It is absurd and ridiculous that all the criminals should be respected as God or Buddha ought not to be judged or punished.
But abolitionists make errors by self-contradiction. They disregard that numerous innocent victims sacrificed by crimes are also made in the image of God and have the nature of Buddha. Therefore cruel murderers and terrorists in reality commits just like killing God or Buddha.  
Is death penalty a cruel and inhumane punishment for murderers and terrorists  commits killing God or Buddha?

       Death Penalty, No Deterrence to Crime?

Abolitionists insist death penalty should be          
abolished because of no deterrence to crime. If we deny deterrent effect of death penalty, we will deny deterrent effect of other criminal punishments
I would like to ask abolitionists whether you want to abolish all the criminal punishments because of no deterrence to crime. How absurd they are!
No one can deny that criminal punishment more or less have deterrent effect. Death penalty is no exception. Death penalty as an capital punishment unlike other punishments has the strongest deterrent effect. It is a common sense everyone knows no one can deny.    
The rate of violent crime and murder is the highest in Washington D.C. already abolished death penalty. It proves that abolition of death penalty can be a great obstacle to deter violent crime and murder.

Do we want to abolish death penalty in the name of race or property discrimination?

Are there any race or property discrimination in sentencing death penalty by judiciary in the United States as well as in the world? Since proportionality between crime and punishment have been prescribed in positive laws, race or property discrimination in sentencing death penalty is extremely rare except some less developed countries suffering from race conflicts.  
In the light of strict procedure, evidence law requiring evidence beyond reasonable doubts, and  standards on aggravating or mitigating factors in sentencing death penalty established by Positive Law and Supreme Court Judgements, there are no race or property discrimination in death penalty sentence and its execution in the United States.  
However, despite great improvement fighting against race discrimination, more black death penalty defendants than black ratio among total population in the United States represents that in fact blacks are in more adverse condition in education and social welfare resulting from the past race discrimination      
So it is desirable for U.S. government to make more efforts for improvement of education and social welfare on minor race than before, even though no race discrimination in death penalty sentence and its execution there are.
However, race or property discrimination can not be a cause of anti-death penalty but other problem to solve by national policy and social welfare.
If we follow abolitionists argument for race or property discrimination, we will conclude that all the criminal punishment should be abolished on account of race or property discrimination. This kind of ridiculous conclusion is sophistry of evil  wearing mask of goodness.  

Is Death Penalty Unconstitutional?
DJ regime's no execution and National Assembly Lawmakers bill demanding abolition of death penalty despite death penalty sentence  
by Judiciary and decision by Constitutional Court As They
Violate Constitution and Separation of Three Powers

Abolitionists insist death penalty is unconstitutional. Is death penalty really unconstitutional?  According to Korea Criminal Law article 41, death penalty is prescribed as a kind of various criminal punishments. In addition, Korea Supreme Court and Constitutional Court have declared death penalty is not unconstitutional. Kim Dae-jung regime has not executed death penalty despite death penalty sentence by Supreme Court and decision on death penalty as Constitutional by Constitutional Court.
We should remember our judiciary has been prudent to sentence death penalty. In 1996, only 7 among 620 defendants guilty to commit murder have been sentenced death penalty. Despite death sentence by judiciary, DJ regime has refused execution of death penalty.  
Moreover, National Assembly lawmaker Jung Dae-chul and more than half lawmakers have submitted legislative bill demanding the abolition of death penalty resulting in passing the bill sooner or later in Korea National Assembly.
It is a shame that Kim Dae-jung regime and even National Assembly are trying to nullify Supreme Court and Constitutional Court in favor for death penalty by violating main principal of Constitution providing separation of three powers

Death Penalty And National Security
Korean War invaded by North Korea, Armistice Agreement violated over 420,000 times by North Korea
Increasing Defectors from North Korea Despite
Tremendous Assistance by United Nation
and Foreign Countries including South Korea

Korea is the only divided country in the world. North Korea unlike East Germany invaded into South Korea resulting in numerous victims and property damages during Korean War and after Korean War violated armistice agreement over 420,000 times. In addition, North Korea tried to assassinate former South Korea Presidents five times.
It is apparent evidences how brutal North Korea regime has been. Numerous North Korean have been starved to death.
Despite tremendous humanitarian assistance to North Korea by United Nation, United States, China, Japan, Europe, Russia, South Korea and many other countries, defectors from North Korea to China have increased year after year in order to get refugee status protected by International Law. United Nations' effort for defectors from North Korea are far from satisfactory. It means North Korea seldom distribute international humanitarian aid to North Korean suffering from starvation properly. Instead, North Korea regime have spent transnational aid mainly for military use or core class by buying aggressive weapons and developing mass destructive weapons such as missile.
At least over one million (other statistics say two million, three million, three and half million) North Korean have been starved to death by immoral North Korea dictatorship using its budget and        
foreign aid mainly for development and buying of mass destruction weapons. Nevertheless DJ regime and officialized NGO groups seldom interest in oppressed human rights of North Korean during talks between South and North. Immoral North Korea regime will threaten national security in South Korea.    
Our past experiences such as Korean War, Mt. Aung Terror, KAL Terror, over 420,000 times violation of armistice agreement by North Korea tell us anti-death penalty will threaten national security. Therefore, death penalty is also indispensible for national security.

Sunshine Policy should be based on Transparency,
Reciprocity, Verification, Improvement of Human Rights in North Korea, Mitigation of Military Tension, No More Mass Destruction Weapons, National Security and Restoration of National Homogeneity

I don't deny Kim Dae-jung regime's sunshine policy has contributed to get over so called cold war logic and to mitigate military tension between South and North. Therefore, I don't insist strict reciprocity. But the present sunshine policy not based on transparency, basic reciprocity, verification, improvement of human rights in North Korea, mitigation of military tension, no more development of mass destruction weapons and restoration of national homogeneity will result in threatening national security, national interest and even global peace.
Despite tremendous assistance to North Korea by South Korea, North Korea  secretly export narcotics available three million South Korean. DJ government did not disclose narcotic crime committed by North Korea, already he knew ship with narcotics starting from North Korea Najin Port five months ago.  
Why do DJ regime, South Korea most of civil groups except several NGOs and most of the press except oppressed newspapers keep silence on North Korea's brutal narcotic crime in order to protect health and human dignity of South Korean?  In Korea, DJ regime and officialized civil groups & mass media do not want to criticize North Korea, even though North Korea commits narcotic crimes by exporting secretly to South Korea or provoke South Korea by invading into South Korea territory land or sea Northern Limit Line.
These kind of humiliating humble attitude only encourage North Korea not only to violate armistice agreement frequently but also to commits narcotic crime resulting in devastating our national security, national interest and human rights.
North Korea legal system is quite different from rule of law. Labor party's decision is prior to Constitution. Moreover, Instructions of Kim Il-sung and his son Kim Jong-il are prior to labor party's decision and Constitution. This kind of legal system not based on rule of law but rule of man forcing its people worship its leader seldom has been found in other countries.  
That is why numerous North Koreans political      
prisoners have been suffering.
Therefore abolishment or moratorium of death penalty in South Korea not based on reciprocity, human rights of numerous victims sacrificed by crimes violates Constitution and national security ought to be respected.    
Therefore abolition or no execution of death penalty will result in threatening national security. Contrary to public opinion in favor for death penalty, nearly all the Internet Sites concerning death penalty and human rights are anti-death penalty and anti-National Security Law. What does it mean? It represents anti-death penalty and anti-National Security Law groups have organized with strong solidarity nationwide aimed at abolition of death penalty and National Security Law.

South - North Korea Talk aiming at Political Power Extension of South - North Korea regime will be facing civil disobedience and resistance of Koreans

South Korea Kim Dae-jung regime is almost impossible to take power extension through next presidential election as a result of critical defeat in local autonomy election resulting from suspicious sunshine policy, immorality of spending public funds and budgets, extreme political corruption and failure of various reforms. North Korea Kim Jong-il regime is also very hard to keep its dictatorship by international pressure on oppressed human rights of defectors and North Koreans. In this respect, two dictators are the same interest to worry about their political regime extension. It is widely said among Koreans that South - North Korea Dialogue in reality is not for real unification but for their political power extension.
There are rumors in South Korea that Kim Dae-jung - Kim Jong-il regime will announce opening of road and railroad of South - North and withdrawal of army stationed near DMZ for unification and revision of Unification Constitution, or declare emergency status just like martial law by exchange of fire in a large scale near DMZ and NLL at the same time before presidential election aiming at election victory or putting off election for power extension.
There are different rumors that South-North Korea regime worrying about their power extension declare emergency status by armed conflicts in east sea and west sea as well as DMZ area immediately before the presidential election. By doing so, Kim Dae-jung regime will put off presidential election until recover normal status aiming at power extension while North Korea regime will oppress North Korean suffering from poverty and dictatorship.    
I would like to believe the rumors are groundless, but if they are true, DJ regime will be facing civil obedience and resistance of Koreans who are anxious to strengthen our national security and democracy. Therefore, I strongly warn DJ regime and Kim Jong-il regime not to make politicking making use of South - North Korea Talk for their political power extension.  

And also the rumors represent Koreans have been worried about South - North Korea Talk aiming at power extension of two brutal dictators regimes  

Immorality of North Korea regime committing narcotic crime, and opening fire resulting in sinking South Korea ship and over 20 sailors death or injury in NLL area  
  
Despite South Korea's tremendous assistance to North Korea, North Korea committed narcotic crime by exporting narcotics amounting to available 3 million South Koreans secretly through South - North economic cooperation sea route.
South Korea government got information about loading a North Korea ship starting Najin port with narcotics for Busan port in advance and confiscated narcotics in Busan port. But five month later our government announced narcotic crime by North Korea. Why our government has kept silence on narcotic crime committed by North Korea for five months? It is humiliating that Our government worried as to whether North Korea will be anger with announcement by South Korea on narcotic crime not paying attention to threaten numerous South Koreans' health by North Korea's narcotic crime.
It is a shame that North Korea commit narcotic crime exporting narcotics to South Korea secretly despite tremendous assistance by South Korea.       We must recognize the immorality of North Korea regime by brutal responses such as narcotic crime and provocations in NLL to our enormous humanitarian assistance. We South Korean do not want strict reciprocity but sunshine policy should be based on basic reciprocity and verification with enhancing human rights and quality of life in North Koreans including defectors.  
Moreover, in June 29, 2002 North Korea ship crossed the Northern Limit Line(NLL) and opened fire at a South Korean patrol boat resulting in sinking it and over 20 death or injury. Nevertheless, South Korea government insists keeping sunshine policy and continue ongoing Mt Keumgang tour while North Korea announced refusal to armistice conference demanded by South Korea until South Korea abolish NLL. It represents North Korea's intentional provocation.
Free Citizens' Alliance Korea said in a statement that defense minister should be resigned and Mt Keumgang tour threatening our national security by buying aggressive weapons from enormous tour cash income also should be discontinued  
Despite North Korea's deliberate armed provocation, South Korea president emphasizes that North Korea's armed fighting was not deliberate provocation but accident just like a faithful advocate of brutal dictator Kim Jong-il regime. I would like to ask President Kim Dae-jung as to why North Korea committed armed provocation during World Cup game held in South Korea, why North Korea has refused South Korea's demanding armistice conference, why North Korea insists on recently South Korea armed ships invade into        
North Korea sea everyday contrary the truth, why North Korea has demanded the abolition of NLL immediately after armed provocation, why you advocate North Korea's provocation as not provocation but accident, and why you don't protest North Korea's narcotic crimes threatening South Koreans' health.
Are you really a president of South Korea ought to keep national security and democracy? Do you have fought really for democracy? You have loved the brutal North Korea regime while you have oppressed patriotic press such as Chosun llbo, Dong-A Ilbo, JoongAng Ilbo who have been anxious to keep national security and democracy. What is your real identity?  
Frankly speaking, officialized civil groups supported by Kim Dae-jung regime have kept silence on narcotic crimes and brutal provocation committed by North Korea. Under such critical situation, human rights civil groups have insisted abolition of national security law and death penalty resulting in weakening national security and criminal justice.  

Despite North Korea's violation not to observe Jeneva agreement aiming at preventing North Korea from developing mass destruction weapon, Kim Dae-jung regime have been anxious to pour tremendous dollars

On recently, Defense Minister reported in National Assemply hearing that Kim Dae-jung regime already got information about North Korea's developing mass destruction weapons such as nuclear weapon. Despite such critical circumstance
threatening our national security, Kim Dae-jung regime and Hyundae have been pouring tremendous amount of dollars into North Korea. As a result, Kim Dae-jung and Hyundai have encouraged North Korea develope mass destruction weapons resulting in threatening our national security.
And we remember our Unification Minister Jung Sae-hyun and new elected president No Moo Hyun's United States emissary Jung Dae Chul   justified North Korea's mass destruction weapons such as nuclear weapon by saying that North Korea's mass destruction is not for attacking South Korea but for the usage of compromise with North Korea. Is he really a minister for South Korea or spokesman of North Korea? It represents Kim Dae-jung regime don't care as to whether North Korea develope mass destruction weapons. If we allow Kim Dae-jung regim and Hyundai extend their political authority, our democracy and national security sure to be threatened by South - North dictators. That is why we South Korean gave opposition party landslide victory in the last local autonomy election and special National Assembly election. However Unification Minister should be arrested and punished by treason and National Security Law.  Why not?  Abolition of death penalty also encourage betrayers to nation like Unification Minister and United States emissary continue destroy our national security.  
    
Insisting Death Row Inmates As Martyrs or Heroes
   Demonstrated by Anti-Death Penalty Activist

Nevertheless, anti-death penalty activists have made death row inmates as martyrs or heroes by insisting them innocent publicly. They visit or correspond with death row inmates regularly paying too much time and energy so as to prove innocent by all the possible means on the part not of fair justice but of criminals and their families.
Their arguments have been mainly depend upon false or even fabricated proofs made by defendants while they seldom have listened to credible proofs presented by victims, police and public prosecutors. They have appealed not only mass communication such as newspaper, magazine, radio, and TV but also human rights activists and religion leaders demanding retrial of even death row in prison in order to prove innocent. In addition, they protest execution of death penalty for even terrorists who deprived of many innocent victims.
They have been anxious to make cruel murderers heros or martyrs by mass communications, civil NGOs and religious leaders. They even demonstrated in the street with placard or photograph of criminals denouncing not only no more sacrifice of innocent criminals but also death penalty as institutional murder.
Do you think their protests or arguments really based on human rights?  Do you agree that death penalty is only an institutional murder?  Do you want criminals to be heroes or martyrs sacrificed by death penalty?  Why so anxious to save cruel murderers?  In the name of justice? In the name of human dignity and human rights? Do you think it is right criminals should be respected as heroes or martyrs while numerous innocent victims have been disregarded?  
Criminals can not be heroes or martyrs in the name of human dignity, human rights and holy religions. They deserve to death by sacrificing other lives.        Extreme punishment is indispensible for extreme crimes. It is in accordance with proportionality between crime and punishment that is legal justice based on human dignity, human rights and holy religions.    

    Wrong Judgement Can Not Be Good Excuse
     Against Death Penalty, In Comparison With
  Transportation, Industry and Electricity Accompanied
      Sacrifice of Human Lives and Property  

Our answer as to whether retain or abolish is apparent. Do we really abolish death penalty being afraid of the abuse of death penalty or wrong judgement?
As I explained before, many human activities such as transportation, industry, medical care, fire, and electricity helpful for quality of life and human rights have accompanied inevitable victims and property damages by traffic accidents, industrial disasters, medical malpractice, fire disaster and leakage of electricity.
We will abolish so many helpful human activities,    
institutions and law articles if we are afraid of the abuse of human activities, institutions and law articles. It is not what we really want. Because we don't want to devastate quality of life and human rights.
Now is not the time, to abolish death penalty and its execution by insisting human dignity and human rights of brutal murderers and terrorists, but the time to retain or restore death penalty within no abuse of death penalty not only to protect human dignity and human rights of numerous victims sacrificed by crime not only to defend society from crimes but also justice based on proportionality between crime and punishment.  

    Pro Death Penalty It's Reflection and Subject  

Pro Death Penalty has used mainly to oppose the abolition of death penalty while not make efforts not to do the abuse of death penalty by learning lesson from Anti-Death Penalty. However, abolitionism can not be our solution in the light of present situation threatening human lives, national security and culture by numerous crimes and terrors.
Therefore, Pro Death Penalty should not only prevent the abuse or less death sentence and its execution, not only to improve methods of death penalty execution, and investigation & judiciary so as not to make wrong judgement, not only enhance human rights of victims, not only make efforts for human rights of defectors and North Koreans suffering from brutal dictatorship with the help of the United Nations, many other Nations, NGOs, and the international press, but also improve corrections facilities for desirable criminal policy aimed at educating prisoners to be reborn as good men.    
It is a shame that Pro Death Penalty has not made efforts to do above-mentioned subject. Moreover, some Pro Death Penalty supporters insist abolition of many death penalty articles. As a result, their doctrine becomes near Anti-Death Penalty as opportunists.
In Korea, some death penalty articles were abolished. But some of them, their abolition should be criticized in the light of criminal justice. But Pro Death Penalty has kept silence cowardly. Why not oppose the abolitions for justice and human rights of victims?      
Pro Death Penalty has used to stay abstract logics, and not only not introduced diverse statistics concerning crime and punishment but also not done objective analysis on statistics with passion. As a result, Anti-Death Penalty with strong voice and arbitrary analysis lacking in objectivity has prevailed in the argument for or against death penalty.  
Many Anti-Death Penalty NGOs and Religious Groups have demanded the abolition of death penalty and National Security Law. But Pro Death Penalty have not contradicted effectively against abolitionism. Now is the time for Pro Death Penalty to regret not only passive attitude for pro death penalty within no abuse of death penalty and    
but also not satisfactory efforts for human rights and criminal justice by improvement of investigation and judiciary with proportionality between crime and punishment.
Therefore now is the time for pro death penalty to make diverse efforts to enhance improvement of criminal justice and human rights with balanced sight based on various statistics and their objective analysis as follow so as to fight against crime and terrorism for global peace and world prosperity.

Death Penalty Sentence Per Year, Per Nation, Per Crime
Death Penalty Sentencing Standards Aggregating Factors and Mitigating Factors  
Major Death Penalty Sentence Judgement Per Year, Per Nation
Proportionality between Crime and Punishment
Legality of Death Penalty Sentence Procedure
Death Penalty Execution Per Year, Per Nation
Legality of Death Penalty Execution Per Year, Per Nation
Death Row Inmates not executed yet Per Year, Per Nation
Victims Sacrificed by Death Penalty Defendant
Political Prisoners Per Year, Per Nation
General Crimes Per Year, Per Nation
Violent Crimes Per Year, Per Nation
Prisoners Per Year, Per Nation, Per Crime
Victims Sacrificed by Crimes Per Year, Per Nation
Traffic Accidents Resulting in Deaths or Injuries Per Year, Per Nation
Major NGOs for Human Rights of Victims
United Nations Activities for Human Rights of Victims

Pro Death Penalty would rather publish annual report including above mentioned items with objectivity. In addition, it is desirable to recommend not only more or less desirable sentence or execution of death penalty per countries but also efforts for gradual improvement of investigation and judiciary everywhere in the world.  
However, in the United States, Pro Death Penalty and Justice For All has played good role to fight against terrorism and crime threatening global peace and human rights. I have been deeply moved from their activities and documents. I would like to give my best regard to them fighting for criminal justice and human rights.  

Death Penalty, Indispensible Punishment for cruel crime
so as to protect our world from numerous crimes

Death penalty is an indispensible punishment as an option for cruel crimes such as terror, genocide, serial murder, contract murder, habitual murder, rape murder, kidnapping murder, burglary murder, arson murder, narcotic crime, counterfeiting of currency, organized crime, treason and things like that in accordance with proportionality between crime and punishment so as to protect our world from numerous brutal crimes and terrors. My writing, anxious for retaining or restoring death penalty within no abuse of death penalty by new human rights movement instead of the present human rights movement mainly threatening national security and human rights of numerous victims      
sacrificed by crime, have got great help from pro death penalty NGO groups, scholars, investigation or judiciary home and United States, public poll home and abroad, terrors and terrorist groups information and things like that.    

No execution and Special Bill Demanding Abolition of Death Penalty
Will Result In National Security and Human Rights In Reality

No execution and special bill demanding abolition of death penalty in the name of reform and human rights will also result in threatening national security and human rights in reality.
Human rights movement home and abroad have paid more attention to human rights of criminals than numerous victims sacrificed by crime. It is not desirable to strengthen evil by respecting human dignity and human rights of criminals more than necessary resulting in threatening innocent people worldwide.

Now is the Time For Us To Do New Civil Movement
based on Human Rights of Victims, National Security and Social Justice  

Therefore, now is the time of transition in human rights movement from old fashioned human rights movement mainly focused on human rights of criminals to new human rights movement based on human rights of numerous victims sacrificed by crime. It does not mean disregard human rights of criminals. What I mean is that we should protect human rights of criminals within not violating human rights of innocent victims and social justice.      
I really hope my writing bring about retaining or restoring death penalty within no abuse of death penalty so as to strengthen national security and human rights of numerous victims sacrificed by crime. And we need new reasonable human rights movement instead of pseudo human rights movement mainly paying attention to human rights of criminals and abolition of death penalty and National Security Law.  
Therefore, it is the time for United Nation, Europe Union, Religions, Human Rights NGOs to recommend that all the countries retain or restore death penalty sentence and its execution in order not only to fight against numerous violent crimes but also to protect human dignity and human rights of numerous innocent victims sacrificed by cruel criminals. I wish my writing help for not only human dignity and human rights of numerous innocent victims sacrificed by brutal murderers, not only legal justice based on proportionality between crime and punishment, but also global peace aimed at fighting against numerous violent crimes and brutal terrors by retaining or restoring death penalty.

Now is the Time For Every Nation, Race, Religion, Culture and Ideology To Cooperate One Another For Our Common Ideals

I also would like to appeal every nation, race, religion, culture and ideology  cooperate one another for our common ideals such as  global peace, world prosperity, human dignity, human rights, quality of life, love, justice, peace, harmony, democracy, coexistence with nature and things like that.
Oh my God. God bless the people everywhere in the world. Give us wisdom and courage for our common ideals. Where there are conflicts, God bless the people and leaders to make peace. God bless pro death penalty activists to fight
against anti-death penalty and also abuse of death penalty. God bless numerous innocent victims sacrificed by criminals and terrorists.      
In addition, death penalty is the voice of justice that extreme crimes should be punished by extreme penalty to defend our society. We should not allow numerous immoral criminals to ruin the world.
Death penalty is for justice, human rights, numerous innocent victims, human dignity, national security, religions, and things like that, while anti-death penalty is mainly for numerous brutal murderers and terrorists.  
That is why I support not only death penalty but also making efforts for preventing abuse of death penalty.
Now is not the time for us to abolish death penalty or moratorium on death penalty execution, but the time for us to retain or restore death penalty in sentencing and execution on the base of not abusing death penalty.  

Suh Suk-koo is former judge ranging from 1973 to 1983, civil movement activist in various fields such as environment, economic justice, local autonomy, democracy, human rights, and social welfare, mainly during mid-1980s to mid-1990s. He was invited by U.S. Government to visit the United States E.P.A. and NGO groups. He is former vice president of Daegu Bar Association, former president of Lawyers Group For Rule of Law, a representative of Korea Bar Association, a member of Human Rights Committee of Korea Bar Association.  
His most recent concern is how to harmonize between different sides such as nation, race, religion, culture, ideology, tradition, mankind and nature, national interest and global interest, aimed at enhancing our common ideals like global peace, world prosperity, equality of life, human rights, justice, rule of law, proper democracy taking account into national circumstance, and peaceful coexistence with nature. Death Penalty represents one of his most concern.♠

Attorney-at Law . SUH, Suk-koo  

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[ 2003-12-23, 13:53 ] 조회수 : 17838
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