부패행위자에 대한 대통령의 사면권 제한에 관한 연구

• 영문명: A Study on the Restriction of President's Pardon for the Corrupt Actor
• 발행기관: 한국부패학회
• 저자명: 이희훈(Lee Hie Houn)
• 간행물 정보: 『한국부패학회보』제12권 제3호, 153~172쪽, 전체 20쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

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.

목차

ABSTRACT

Ⅰ. 문제의 제기

Ⅱ. 부패행위자의 개념

Ⅲ. 사면권의 내용

Ⅳ. 사면권의 남용에 대한 입법적 통제방안

Ⅴ. 결론

참고문헌

키워드

부패행위자(Corrupt actor) 대통령의 사면권(President's pardon) 일반사면(General pardon) 특별사면(Special pardon) 통치행위(Political question doctrine) 법치주의(Rule of law)