In a five-to-four decision, the South Korean high court said the constitution currently allows for the death penalty.

The court said it would be over-interpretation to say the constitution´s provision on the right to life supersedes capital punishment.

The Justice Department had put a stay on death row cases after 23 people were executed at the end of 1997.

A fisherman, who had been convicted of killing four tourists in 2007, brought an appeal to the Constitutional Court.

He argued that capital punishment infringed on the constitutional guarantee of human dignity.

The court needed six-judge majority to strike down the death penalty, but failed to reach that number.

The court said, however, it recognised the death penalty can be subjected to errors and abuse in enforcement.

The judges said the proper forum for debate and any change in the constitution is in parliament, which has the power to legislate a repeal of the punishment.

Outside the court, civic and religious groups held a rally to protest the court´s decision.