대통령 사면권에 대한 개정논의

Abstract

President's Right of the Pardon has not the special favor or privilege in the democratic and constitutional government. President's right of Pardon has excised supplementary for the special object and should be under the politic and judicial control. This study on the president's right of the general pardon and specific pardon should be controlled to the ban of misuse his right and for the protection right of the people. So, I review the dispute about the amendment of Constitution and Pardon's Law. The first, President's right of general pardon's misuse have a big effect on the judicial order. So I think that president right of general pardon be excised the form of the act and it is necessary to amend the Constitution.. The second, President's right of special pardon is premised on the unequality, but it is more restricted about Pardon's Object, Procedure, Method, and so on. So, I think that it is necessary to amend Pardon's Law Finally, When the people's right was violated for the president excising pardon's right, it is necessary to relief the people's right and do the administration litigation against the undone administration power. Anyway, it is not allowed to violated the people's right for the political action, so then it is necessary to relief the people's right.