Pardon

A pardon (사면/赦免), or amnesty, is the forgiveness of a crime and the cancellation of the relevant penalty granted by the President.

In legal terms, pardons mean the exemption of remaining punishment (잔형/殘刑 면제), and the cancellation of sentenced punishment (형 선고 실효/失效). Historically on the occasion of the national festivities and political changes, pardons are usually granted by the head of state.

It is expected that President Lee Myung-bak may grant special pardons to his inner-circle members and relatives in jail. However, the Presidential Transition Committee made it clear that the out-going President is required to refrain himself from executing his authority at the final stage of his term.

Key words
general pardon, special pardon, Presidential power, amnesty, commutation, restoration of rights

Two Types and Effects
According to the Pardon Act (사면법/赦免法), there are two kinds of pardons, special pardon and general pardon. Article 2 of the Pardon Act.

General Pardon
General pardons shall be granted, subject to the deliberation of the Cabinet and the consent of the National Assembly, by the Presidential Decree specifying the crimes regardless of individual criminals, confirmation of relevant sentence or physical confinement of criminals.

Special Pardon
Special pardons, specifying the individual criminal, shall be granted by the President subject to the initiation of the Minister of Justice and the deliberation of the Cabinet.

Special pardons effectuate the exemption of the remaining execution of punishment.