Trends in Criminal Law and Changes in the Death Penalty in the Early Korean-Japanese Period

Abstract

Modern Korea implemented the Gab‘o Reform(甲午更張) and unified the type of death penalty by hanging in 1895. The beheading and Neungji execution sentences that had been implemented since the late Joseon Dynasty were abolished. The government of Korean Empire revived the beheading in 1900 through civil rights movements and political upheaval. In addition, the death penalty was strengthened by expanding the death penalty for thieves. The Government of Korean Empire promulgated the Penal Code(『Hyeonbeob Daejeon(刑法大全)』 in 1905. At this time, the beheading was abolished and the hanging was unified again. This criminal law was too specific and peripheral for death penalty crimes, and the statutory sentence was defined as the death penalty, so judges could not sentence them in consideration of the norm of the crime. From the Gab’o Reform (1895) to the Korean Empire (1909), the number of executions totaled 1,189, with 17 beheading and 1,172 hanging. The Japanese Empire colonized Korea and maintained this criminal law until 1912. The purpose was to punish Koreans who strongly resisted the invasion of Japanese imperialism.