美聯邦大統領의 赦免權에 관한 소고 = A Study on the Presidential Pardoning Power in the United States

다국어 초록 (Multilingual Abstract)

Even though the presidential pardon has its root from an absolute royal prerogative power of the English King, it shall serve the public welfare under the contemporary constitutionalism. Presidential pardons afford relief from overly harsh judgments or prejudice in the operation or enforcement of criminal law. The pardon power also operates as a check on the judicial branch of the government. Throughout the United States constitutional history, however, there have been occasions when the pardon power was abused. More recently, a number of pardons have been granted to improper persons, during President Clinton's terms in office, and therefore improper influence led to a string of unjustifiable presidential pardons.
This note examines the history and nature of the pardon power, kinds of clemency, how a pardon is granted, whether there are any limitations that may be imposed on the presidential pardon power, and how the exercise of the pardon power can be restricted, when it is abused. Especially, a presidential exercise of the pardon power shall be reviewed by the United States Supreme Court, when it might result in an invasion of constitutional rights, such as equal protection and due process guarantees, because it cannot present political questions anymore. Futhermore, since the current Pardon Clause in the United States Constitution seems be not effective to check the abuse of the power, the revision of the Clause, like the belows, may be still a matter of debate:
“No pardon granted an individual by the President under section 2 of Article II shall be effective if two-thirds of the Senate, by resolution, disapproves the granting of the pardon within 60 days.”

목차 (Table of Contents)

• ABSTRACT
• Ⅰ. 序說
• Ⅱ. 美國憲法上 赦免制度의 成立
• Ⅲ. 美國 赦免制度의 實際
• Ⅳ. 赦免權의 限界와 統制
• Ⅴ. 結語: 우리 憲法에의 시사점
• 참고문헌