특별사면의 정상화를 위한 법제적 정비

• 영문명: The Study on the Reform of Pardon System in South Korea
• 발행기관: 한국형사정책학회
• 저자명: 문채규(Moon Chae Gyu)
• 간행물 정보: 『형사정책』刑事政策 第27卷 第3號, 81~107쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

The Constitution of South Korea, based on the Korean people's deep enthusiasm for democracy during the 1980s, provides in Article 79 for the pardoning power of President. However, the pardon system was introduced into South Korea in 1948 at the same time with the establishment of nation. The history of pardon, especially special pardon, in South Korea has been spotted with the arbitrary and excessive abuse of the pardon power. This unpleasant experience makes the reform of pardon system to be the necessary task for limiting arbitrary abuse of special pardon power. Accordingly, this article aims to make a plan for the reforming of the special pardon system in South Korea. This article is composed of five chapters. The first chapter is on introduction of this article. The second chapter is the history of the trial for reforming of the special pardon system. The third chapter is the pardon system in USA. The forth chapter is on the discussion for revision of pardon law. The last chapter is the way of revision of pardon law as a conclusion of this article. The important needs for the legislation to check and limit a special pardon power has been proposed, as follows. First, it is required that the "exclusion of pardon article" which those who commit a anti-human crime excludes from pardon should be added to the existing pardon law. Second, the committee of reviewing pardon should be reformed for doing its task independently. For doing so, its nine members need to be nominated by the President, the Assembly and the Supreme Court equally. Third, President should take opinion of the president of Supreme Court prior to granting amnesty.

목차

Ⅰ. 들어가는 말

Ⅱ. 특별사면의 정상화를 위한 법제적 정비노력

Ⅲ. 특별사면의 통제를 위한 미국의 사면법제의 개관

Ⅳ. 특별사면의 통제에 관한 학계의 견해

Ⅴ. 특별사면의 정상화를 위한 법제적 정비 방향

Ⅵ. 맺는 말

참고문헌

키워드

특별사면 사면권 남용 사면법 개혁 사면심사위원회 사면법 개정 시도 Pardon System Abuse of pardon power Reform of Pardon Law Exclusion of pardon article Plan for the reforming of the special pardon system