특별사면의 정상화를 위한 법제적 정비

Abstract

The Constitution of South Korea, based on the Korean people’s deep enthusiasm for democracy during the 1980s, provides in Article 79 for the pardoning power of President. However, the pardon system was introduced into South Korea in 1948 at the same time with the establishment of nation. The history of pardon, especially special pardon, in South Korea has been spotted with the arbitrary and excessive abuse of the pardon power. This unpleasant experience makes the reform of pardon system to be the necessary task for limiting arbitrary abuse of special pardon power. Accordingly, this article aims to make a plan for the reforming of the special pardon system in South Korea. This article is composed of five chapters. The first chapter is on introduction of this article. The second chapter is the history of the trial for reforming of the special pardon system. The third chapter is the pardon system in USA. The forth chapter is on the discussion for revision of pardon law. The last chapter is the way of revision of pardon law as a conclusion of this article. The important needs for the legislation to check and limit a special pardon power has been proposed, as follows. First, it is required that the “exclusion of pardon article” which those who commit a anti-human crime excludes from pardon should be added to the existing pardon law. Second, the committee of reviewing pardon should be reformed for doing its task independently. For doing so, its nine members need to be nominated by the President, the Assembly and the Supreme Court equally. Third, President should take opinion of the president of Supreme Court prior to granting amnesty.