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- 저자 : 전찬희 ( Chanhui Jeon ) (검색결과 1 건)
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전찬희 ( Chanhui Jeon ) 제주대학교 법과정책연구원 2015 法과 政策 Vol.21 No.2
The head of the state has a privilege to pardon and expire one’s crime in part or in whole without a procedure of the constitution even though the judiciary has the prerogative of mercy about the right to punish. The pardon system is the same as in the effective side of pardoning the punishment of one’s crime, even though it differs from each country. It is a common law system that most of countries run a pardon system for the purpose of people and the social reintegration, the change of legal sentiment and the criminal policy. Despite such an institutional universality, whenever President acts his right to pardon one’s crime, there is a lot of discussion socially, politically or legally. It is a problem which cannot avoid controversy in the side of adequacy level. In case of a special pardon which successive Presidents in the Republic of Korea have acted, they have been insisting ‘the national harmony’ or ‘to revive of the economy’ ‘as an their moral duty. But They are being criticized that it is politically abused and misused. It has socially been a pending issue as well. It is the reason that a constitutional device or a legal basis is weak to restrict or restrain the authority against a president’s legal pardon. That is, there not exists a specific approval or disapproval reason against a pardon in the constitution. The standards to judge legitimacy against a pardon is also ambiguous. In acting a pardon, we should think of controlling the limit of exercise of authority in advanced as a method. But it is run formally. After deciding a pardon, there is no system of post-screening. Because of this reality, there show many problems like rule of law, independence of the legislature, equity in the pardon system. In conclusion, it is faced to clean distrust which comes from the excercise of the pardon and to improve a system to meet the original pardon system which the sprit of the Constitution pursuits. As a substitute, the regulations of specific procedures on the pardon must be improved for solving this task. With that improvement, This study presents ‘the stipulation of institutional mechanism’, ‘external containment device’ and ‘the improvement of functions for pardon review committee.
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