Since the mid-2000s, the trend of severe punishment has become more pronounced in Korea. There are no signs of change, even though harsh punishment has many problems. Therefore, a critical analysis of the legal problems, grounds and effectiveness, and...
Since the mid-2000s, the trend of severe punishment has become more pronounced in Korea. There are no signs of change, even though harsh punishment has many problems. Therefore, a critical analysis of the legal problems, grounds and effectiveness, and basic ideology of punitivism is more necessary.
The severe punishment is inevitably criticized for obscuring the distinction between imprisonment (Freiheitstrafe) for a limited term and life imprisonment, abandonment of resocialization, and violation of the principle of Prohibition of excessive and arbitrary restriction. In addition, imposing a heavy penalty imposes a heavy work burden on the correctional administration. It increases social costs due to an imbalance in resource allocation. Punitivism is based on the increase in crime, significantly the increase in violent crimes, and the high recidivism rate, but they are not sufficient as a basis for it.
It is time to break away from the desires for a safe society, the organization of anger that combines media and populism, and the harsh punishment based on neoliberalism and seek a new path.