@article{ART001772015},
author={Kim, Dong-Ryun},
title={Study on the Present Condition of Pardon Power and Legislative Policy},
journal={Public Land Law Review},
issn={1226-251X},
year={2013},
volume={61},
pages={257-286}
TY - JOUR
AU - Kim, Dong-Ryun
TI - Study on the Present Condition of Pardon Power and Legislative Policy
JO - Public Land Law Review
PY - 2013
VL - 61
IS - null
PB - Korean Public Land Law Association
SP - 257
EP - 286
SN - 1226-251X
AB - The pardon power is one of the systems implemented worldwide. There are two types of pardon: general pardon and particular pardon. A general pardon has very few problems because it requires the approval of the National Assembly, but a particular pardon has the potential of being abused and misled because it is exercised at the President's discretion without parliamentary consent. In other words, the particular pardon often goes against fairness because it is granted mainly to politicians, enterprisers, and high-ranking officials.
Particular pardons were exercised five times in the Kim Dae-jung Government, eight times in the Roh Moo-hyun Government and seven times in the Lee Myung-bak Government. Especially, particular pardons at the end of the presidential term of Roh Moo-hyun and Lee Myung-bak provoked a lot of controversy.
Thus, discussions to amend the Pardoning Law are held in the National Assembly. The key point of the discussions is to limit the pardon to enterprisers and President's confidants, but such cannot ensure the fair exercise of pardon power.
Article 79 of the Constitution prescribes the pardon power, and the Pardoning Law stipulates the detailed matters, yet both have no legal control mechanism. Therefore, several solutions from the viewpoint of legislative policy are suggested: unity of the Constitution and the Pardoning Law; preparation of legal mechanism in the Pardoning Law, and; setup of legislative control system for particular pardon in the Pardoning Law.
KW - pardon;a general pardon;a particular pardon;legislative policy;pardoning law;National Assembly
DO -
UR -
ER -
Kim, Dong-Ryun. (2013). Study on the Present Condition of Pardon Power and Legislative Policy. Public Land Law Review, 61, 257-286.
Kim, Dong-Ryun. 2013, "Study on the Present Condition of Pardon Power and Legislative Policy", Public Land Law Review, vol.61, pp.257-286.
Kim, Dong-Ryun "Study on the Present Condition of Pardon Power and Legislative Policy" Public Land Law Review 61 pp.257-286 (2013) : 257.
Kim, Dong-Ryun. Study on the Present Condition of Pardon Power and Legislative Policy. 2013; 61 257-286.
Kim, Dong-Ryun. "Study on the Present Condition of Pardon Power and Legislative Policy" Public Land Law Review 61(2013) : 257-286.
Kim, Dong-Ryun. Study on the Present Condition of Pardon Power and Legislative Policy. Public Land Law Review, 61, 257-286.
Kim, Dong-Ryun. Study on the Present Condition of Pardon Power and Legislative Policy. Public Land Law Review. 2013; 61 257-286.
Kim, Dong-Ryun. Study on the Present Condition of Pardon Power and Legislative Policy. 2013; 61 257-286.
Kim, Dong-Ryun. "Study on the Present Condition of Pardon Power and Legislative Policy" Public Land Law Review 61(2013) : 257-286.
