대통령 사면권 행사의 한계와 법치주의

The presidential pardon power is to exercise sovereign power as a chief of state. However, it is an exceptional measure for judicial action of a nation, so the pardon power should be exercised restrictively and cautiously. The pardon power is a head of state's exclusive authority that makes effects of sentence or prosecutorial power lost, and that execution exempt, but it is the system that change the judgement of the judiciary, so it is exception of division of powers. Until now, the presidential pardon power has often been exercised, especially right after inauguration. Presidents execute special pardons on national holidays including National Liberation Day bringing about the animosity of the people. Therefore, whenever presidential pardon power was exercised, it was inevitable to cause controversy about its legitimacy and propriety. Pardons, which can totally neutralize decisions that the judiciary carefully ruled, can lead to questions whether they violate the essence of jurisdiction, whether they violate equal rights because those with power were sentenced by tremendous efforts but can return to society easily, and whether excessive pardons would hold a dominant position over laws. The pardon is the authority of president, but it has the effect that changes judgement of the judiciary by intervention to exercise of judiciary power. Therefore, it should be exercised properly and fairly, and in case it is abused, legal stability can be severly damaged. In this study, the current situation of pardon system under the current law is summarized, the methods to limit arbitrary exercise of pardon power are sought in the perspective of the democratic constitutional state, and improvement plan suitable for our pardon situation is suggested.