South Korea
Foreign Nationals and the Death Penalty
Death Penalty Overview
According to data collected by the Supreme
Court of Korea (SCOURT) and the Ministry of
Justice (MOJ), there were 60 people on
death row in 2020 (South Korean White
Paper, 2020). Of these individuals, just two
were foreign nationals, both of whom were
from China.
Death penalty offences in South Korea
include murder, arson and explosives
resulting in death, treason, espionage, and
child abuse resulting in death, which was
added in 2021.
Executions have not been carried out in
South Korea since 1998. South Korea also
voted in favour of the United Nation’s
Moratorium on Executions (A/RES/75/183) in
2020. However, the 2010 SCOURT ruling still
justi es the death penalty as the highest
punishment to be rendered by South Korean
courts and courts continue to sentence
people to death.
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Polling by Realmeter indicates that more than
half of the South Korean population (51.7%)
are in favour of the death penalty and believe
it to be necessary for the criminal justice
system.
Previously, death row prisoners were not
permitted to take part in rehabilitation
programs and other bene ts provided in
Korean prisons. This was changed in 2009,
when a new law was passed, allowing death
row prisoner to enjoy similar services
provided by the system.
Foreign Nationals
According to a White Paper published by
MOJ (2021), the number of foreign nationals
in the criminal justice system has been on the
rise in recent years.
Foreign nationals in the Korean criminal
justice system, including those on death row,
are housed in special correctional
institutions, apart from Korean prisoners.
These institution are known be equipped
with dedicated personnel for interpretation,
and assistance with consular services.