February 26, 2010
South Korea's highest court upholds death penaltyAs detailed in this report, which is headlined "Constitutional Court Upholds Death Penalty," there is more going on these days in South Korea than just obsession over an Olympics superstar. Here are the details:
The Constitutional Court, on Thursday once again upheld the death penalty by a 5 : 4 majority. The court last declared capital punishment constitutional in a ruling in November 1996. The court had been asked by a 72-year-old fisherman who was sentenced to death for murdering four tourists to decide whether capital punishment is constitutional.
In the ruling, the court said capital punishment is among penalties within the purview of Article 110, Clause 4 of the Constitution. "Capital punishment does not contradict the constitutional guarantee of the right to life or infringe the constitutional guarantee of human dignity," it said.
"Capital punishment is penalty with the public goal of realizing justice through just retribution against atrocious crimes and protecting society by preventing crimes," the court said. "As a kind of necessary evil, it is still functioning properly."
The court said the death penalty "is a more powerful deterrent to crimes than life imprisonment, where only convicts' physical freedom is restricted. A mere life sentence against perpetrators of heinous crimes is incompatible with the desire for justice of families of victims and ordinary people."
But the four minority judges said capital punishment does conflict with the guarantee of the right to life. "Capital punishment should be abolished and replaced with a life sentence without parole," they recommended.
The majority for the death sentence in 1996 was 7: 2. No one has been executed in the country for over a decade, and Amnesty International lists Korea as having "de facto" abolished the death penalty.
February 26, 2010 at 09:14 AM | Permalink
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This parallels the situation in the US. It is not legal hoaxing. It is more.
This hypocritical situation, of legal support for the death penalty, but no death penalty, is best explained by the profitability of the death penalty appellate business to the criminal cult enterprise that is the lawyer profession. It is a perfect business model.
Endlessly plunder the taxpayer by not ending the death penalty, but never killing a client. This is a tax fraud, bunco operation. It is headed by the Supreme Court of Korea, as it is here, by ours. The fraudulent nature of these decisions justifies an investigation and grand jury review of fraud by these members of the lawyer hierarchy. The duration of this fraud for years should compound the charges. Each death penalty appeal on technical legal grounds, rather than factual substance of a mistaken verdict, should be one count of fraud and conspiracy.
The hard time the Senators gave Allito at his confirmation hearing was a communication of the expectation of the Senators. Play ball with our left wing rent seeking and bunco operation, or we have the ability to really ruin your day.
Only 10% of applicants pass the Korean Bar exam. Yet the number of unemployed lawyers is rising, so many make work sinecures are needed. The Supreme Court is accommodating this need for lawyer employment. There are about 10,000 lawyers in a nation of 50 million, compared to 1.3 million in our nation of 300 million. Yet this number is still too high, as evidenced by their lawyer unemployment and their lawyer dropping lawyer salaries.
This low fraction of lawyers is a factor in its superior education, low crime rate, vitality of the family, huge economic growth of 2.5% a quarter, not a year as in the US.
Koreans still settle disputes by themselves. Litigious people have their houses stoned. I think that custom should be adopted here.
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