Fitting Conditions for Special Amnesty are Contrary to National Understanding on Law

President Roh Moo-hyun’s consideration of including those who were arrested on charges of illegal money transfer to North Korea into the list of special amnesty, which is made to cerebrate the first anniversary of his inauguration, has triggered concerns among the people about its propriety and procedures. Even though the special amnesty is exclusively under the control of the president, it is a prevailing view on which Roh should be careful when it takes place and to the extent of which it covers.

The procedure of the special amnesty-- The special amnesty is an action taken by the president to exempt the execution of sentences or invalidate convictions. Accordingly, in order to take benefits of such actions, the defendants should be sentenced first. However, since the majority of those who are related to the illegal money transfer to North Korea has appealed to the Supreme Court, they should either withdraw their appeals or be sentenced by the Supreme Court before the end of February when the subjects of special amnesty are decided.

Looking at the procedure of the special amnesty, the Justice Minister first reported the subject of the amnesty, and the president has to make a final decision after going through the deliberation of the Cabinet council. Thus, before the special amnesty, the president and the Justice Ministry are supposed to examine who will take advantage of this action. However, according to sources of Justice Ministry, “We have not received any order to examine the subjects of the upcoming amnesty.”

Doubts on propriety-- Some criticize that there is a hidden purpose in including those who are related to the illegal money transfer to North Korea into subjects of this amnesty. “Even though the amnesty is part of politics, it can trigger serious controversies to release core political figures who previously served high government positions in facing April’s general election,” said a senior official of Seoul District Prosecutor’s Office.

In addition, there is another criticism citing, which is not becoming with the national understanding on law, that those who were convicted a few months ago on charges of violating the positive law through special probes are considered as subjects of the special amnesty.

“To give politicians an indulgence easily, in fact, utterly discourages lawyers as well as the general population and, thus, it is necessary to eradicate usual practices of fitting the conditions for the special amnesty such as withdrawing appeals and so forth,” said a senior lawyer in Seocho-dong.

“Unnecessary abuse of special pardon is also likely to lessen the stability of the law,” said a senior prosecutor in local area.

Sang-Rok Lee myzodan@donga.com