사면권 행사의 통제와 사면법의 개정방향

A few millions peoples will be pardoned under a special amnesty in August 15, 2015. as a the 70th Anniversary of National Liberation Day. General amnesty and special pardon are president’s right under the korean constitution. But abuse of power, especially abuse of special pardoning power can demolish the basis of rule of law which is a important part of the constitutionalism. What is worse. experts say, in most cases involve the rotten politicians and the head of a business conglomerates etc. Therefore the purpose of this paper is to study the contents and present condition of korea amnesty system, to analyze its problems and to suggest specific improvement measures to prevent the abuse of pardon power. Despite of these developments, it is desirable that amnesty committee is established to review appropriateness of amnesty as a result of abuse of pardoning power at the time of revision of pardoning law in Dec. 2007. Therefore, I insist that exercise of president’s amnesty right should be regulated appropriately in this paper. In revision of amnesty act, next contents will be involved. That is to say, it is necessary to revise pardon law as follows; for example, 1. A general and concrete judging standard of the exercise of amnesty right. 2. Not type of a presidential decree but type of law in legislation mode. 3. For ensure of objectivity and neutrality, members representing private citizens should be held a majority (seat) in the amnesty assessment committee. The members should be composed of get recommended persons by the national assembly and supreme court, nominated person by president(that is ex officio member) etc. 4. The amendment from consulting organ to consultation or decision-making organ of amnesty assessment committee 5. Induction of the exclusion and application for challenge system against amnesty assessment committeeman. 6. Limitation of person to be exempted from Amnesty : The Pardon restriction based on a pardon elimination regulation against specially prescribed crimes and a progressed period restriction must prescribe according to the pardoning law. 7. The national assembly’s and the supreme court’s listening to opinion; hearing of opinion about whether or not appropriateness as a person to be exempted from Amnesty The ultimate purpose of the institutionalizations is to check the abuse of the pardon power of the president. Therefore, next revision of Amnesty Act should be involved a various substantial and procedural control system of the exercise of amnesty right we have said above. Finally, it is important that the law and system should be putted in good order agreeing with the people’s consciousness of law and mind. ※ Key Words : amnesty(pardon), special amnesty, amnesty right, amnesty act, amnesty assessment committee, concrete judging standard, control, exclusion system, application for challenge system, adjudication on impeachment, handling of public security, public opinion, consulting organ, advisory committee, decision-making organ.