Cabinet approves revision to allow life sentences without possibility of parole

A combined photo shows Choi Won-jong, left, the suspect of a stabbing rampage near Seohyeon Station, and Cho Seon, the suspect of knife attacks near Sillim Station. Yonhap

A revision to the Criminal Act that will allow a sentence of life imprisonment without parole was approved by the Cabinet on Monday.

Subsequently, the revision will be submitted to the National Assembly where rival parties are expected to engage in intense debates over various issues such as the deterrence effect of the new punishment and its possible infringement on basic rights. It will become law if it is approved in a plenary session of the Assembly.

The Cabinet’s approval came after the Ministry of Justice vowed in August to push to create the possibility of a life sentence without parole to more sternly respond to felons following a series of heinous crimes at the time.

After Cho Seon, 33, went on a stabbing spree killing one man and wounding three others near Sillim Station in Seoul, July 21, a similar knife rampage occurred, Aug. 3, by 22-year-old Choi Won-jong near Seohyeon Station in Gyeonggi Province, which left two women dead and 12 others wounded.

Then on Aug. 17, 30-year-old Choi Yoon-jong brutally assaulted and raped a woman on a hiking trail in Sillim-dong. The victim, who remained unconscious following the attack, died two days later.

Such incidents reignited calls for sentencing the suspects to death and carrying out executions, which were suspended 26 years ago here.

The justice ministry’s move to introduce life sentences without the possibility of parole was an alternative to such calls, as the ministry, in charge of carrying out the death penalty, has taken a cautious attitude about resuming the executions of death row inmates, citing many points including diplomatic relations with other countries.

Under the current law, convicts sentenced to life imprisonment can be subject to parole after 20 years in prison, if certain conditions are met. The death penalty is the only punishment that is more severe than life imprisonment for now.

The revision, approved by the Cabinet, is aimed at introducing a new punishment between life imprisonment and the death penalty, by dividing a life sentence into one for which parole is permitted and the other for which parole is not permitted.

The ministry said that the court will be asked to clarify whether parole can be allowed for convicts who have been given a life sentence.

“Korea has not carried out any executions since December of 1997,” a ministry official said. “A life sentence without parole would be the most effective way to make vicious criminals pay for their wrongdoings and isolate them from society.”

Yet, the introduction of life sentences without parole is also causing concerns, as critics say the new punishment could violate human dignity while its deterrence effect remains uncertain.

The Office of Court Administration under the Supreme Court said in its paper submitted to the Assembly in August that developed countries have already moved to abolish life sentences without parole, based on the judgement that the punishment is unconstitutional.

“Nobody can conclude that the punishment has a deterrence effect. It also imposes a heavy burden on prison operations,” the office said.

Lee Soo-jeong, a Kyonggi University professor and renowned forensic psychologist, also raised the possibility of increasing prison riots by those who have no hope of parole.

“How prison officers will manage and supervise offenders sentenced to life imprisonment without parole will be crucial,” Lee said.