부패행위자에 대한 대통령의 사면권 제한에 관한 연구

A Study on the Restriction of President's Pardon for the Corrupt Actor

It is deemed that the presidents of Korea throughout the generations have to some degree contributed to the corruption of Korea society by falsely abusing the power of pardon upon the 79th Article of the Constitution so far. The reason the presidents through the generations, as such, could abuse the power of pardon was because the Amnesty Bill, enacted in 1948, has never been revised even once since its enactment until now. That is, there is an underlying problem that according to the Amnesty Bill, if a president wants, he can carry out special pardon or restoration for a corrupt politician not facing any restriction. Therefore, later the Amnesty Bill should be revised in a way that the president should be subject to hearing the opinions of Amnesty Review Board or the Chief Justice of the Supreme Court before executing the power of pardon, and pardon may not be granted to persons who committed anti-humanistic crime or constitutional order devastating crime, etc and impeached persons or prisoners who did not finish one third of the imprisonment term. As such, until the Amnesty Bill enters its due revision, presidents may be required to limit his power of pardon to only within the true necessary minimal range in his good conscience.