민주화운동보상법의 공법적 문제점

The Point at Issue in Act for the Restoration of Honor and Compensation to Activists of Democratization Movement The Act for the Restoration of Honor and Compensation to Activists of Democratization Movement was passed by the national Assembly at Dec. 28. 1999. Even though the law is not perfect to protect the democratic activist, the law has the value that it make the basic of law for incarnating to the democratic movement which had suppressed and denunciated. This law has contributed to advance the our democracy through making the way of compensation and the regaining the impaired reputation of the Activists of Democratization Movement who had been denounced as a pro-communist or an inclination to the left. There are some problems in the law. First, it has a gap in reality of compensation to Activists of Democratization Movement because in the processing the law, it was legislated base on political compromise without enough discussion. Second, it has limit of legislation which is neglecting of the discovery of truth, only it focuses on the restoration of honor and compensation of the victims. Therefore, this essay tries generally to examine the constitutional point of the Act for the Restoration of Honor and Compensation to Activists of Democratization Movement. Finally, after investigating the problems of the law I suggest the alternative plans.