정치사법과 과거청산

Abstract

Every state has its own political problems and conflicts. The judiciary has the competence and duty to solve the political conflicts by the name of law and justice impartially. Under the authoritarian regime, however, the court have distorted the law and justice to serve the political wicked purpose of the politically dominant group or the highest power-owner. The judges have oppressed and even killed the innocent in the form of trial through distorting law and justice. But such crimes could not have been punished in the reign of the authoritarian government. Therefore, the crime of judge is one of the hottest problems of the transitional justice. The circumstances or structural causes of the crime by the judiciary are political crisis, system of national security law, judicial career system and judge's bureaucratic personality and immunity of judical power. Most of political trials have the same structure as a military operation. After the transition from the authoritarian regime to the democracy the judiciary objected to purging its political trials or hesitated about disclosing its past crimes. The judge who sentenced the innocent to the death penalty committed a murder and therefore should be punished for a murder. The political trials should be annulled by the judicial review or through the political trials abolition act. The victims of the political trials should be given a full monetary reparation. First of all, the wicked national security law which have been a major cause for the political trials or gross violations of human rights should be abolished. The judge should be elected and controlled by the independent committee in which citizens and human rights workers play an important role.