Off with Their Heads! Execution in Korea

The death penalty has become a hot topic lately after #SorryJeongin. Shawn covers the history of gruesome and famous executions in Korean history and the state of South Korea’s death penalty today.

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Notes

• Death penalty is in the news again because of Jeong-in case

• History & legend – of course, criminal execution dates back centuries
  • mid-6th century: Yi Cha-don
    • purposely gave himself up to bring Buddhism to Shilla
  • late-12th century: Manjeok
    • peasant uprisings occurred against government (1182, 1193, 1198)
    • slaves in Gaeseong led by Manjeok
      • they sought emancipation and power
    • movement failed; Manjeok and others were executed
  • mid-13th century: Son Dol
    • during Mongol invasions (1232), King Gojong of Goryeo moved government operations to Ganghwa Island
    • ferryman Son Dol was accused of being a traitor; was executed
    • Gojong realized he was wrong and committed a special day to honour Son Dol called Son-Dol-nal; ritual is Son-Dol-je to appease his spirit
  • mid-15th century: King Sejong’s execution orders
    • according to some, Sejong was superstitious of executions
      • they could cause crop failures
    • he removed capital punishment from the legal system
    • crime increased, especially theft
    • Sejong decided to reinstate capital punishment
    • 500+ criminals were executed from around 1447-48 to 1450
    • Also executed Hocho in 1429
  • Joseon Dynasty
    • two types of legal execution: strangling and dismemberment
      • severed heads were sometimes displayed (called 효수)
      • slow slicing/lingering death was also applied (called 능지처참)
        • this had various types
          • 육시 was simply beheading
          • 오살 was full dismemberment 
          • 거열 was having one’s body pulled apart by cattle
      • royalty could often be given poison (사사)
    • executions often took place between autumn and end of winter/beginning of spring
    • serious convicts were executed immediately (usually crimes against government: rebellion, insurrection, treason, etc)
    • Well known cases of execution in Joseon include:
      • Catholics
      • Min family
      • Jeon Bongjun
• 20th century
  • executions continued throughout 20th century post-Occupation era
    • treason, rebellion, and serial murder were most common reasons
  • government’s official reason was to create deterrent
    • no evidence this works
    • US: states with death penalty have higher rates of murder than states without death penalty 
  • government increased death sentences starting late 1990
    • purpose was to reduce violent crime
  • movements against the death penalty grew from the 90s, started in 89 (Council for the Abolition of the Death Penalty, established by lawyers and correctional experts)
  • 1992: Justice Ministry argued death penalty must continue but with more careful supervision
  • 1992: Constitutional Court listened to arguments for and against
    • death penalty was found constitutional
      • support again in 2010
  • last executions: Dec. 1997 – 23 executed including Kim Seonja
    • method: hanging
  • death penalty became inactive in 1998; remains a sentence
    • approx. 60 are on death row
    • mandated by 23 laws including Criminal Law, National Security Law, Cultural Heritage Protection Act
  • various attempts have been made/suggested by officials to reactivate death penalty
  • recent appeals to fully abolish death penalty
    • Feb. 2019: Catholic Bishops Conference of Korea
  • support for death penalty on the rise
    • 80% of Koreans support death penalty if no other option is available (14% increase from previous survey); if alternatives were suitable, 70% agreed with abolition (2019 National Human Rights Commission survey)
  • Death penalty is in the news again because of Jeong-in case
    • prosecution has demanded the death penalty 
    • Jeong-in Act stipulates child abusers can be charged with murder, even if death was unintentional
    • death penalty is now possible