| 中文摘要 |
南韓的光州屠殺事件,不但是一般人民對於極權政府的反抗,也促成了南韓在1980到1990年代間的民主化。南韓國會在19965年12月21日通過一項特別法以揭露光州事件的始末,並處罰相關犯罪人員。雖然批評者主張該法因溯及既往而違憲,但法院仍認為該法合憲。因此,南韓前總統全斗煥和盧泰愚各遭處無期徒刑與17年有期徒刑。儘管判決已經作成,但仍有許多爭點仍待討論。首先,該立法是否真正溯及既往而因此違憲?其次,執行該立法的相關追訴法律何時生效?本文在南韓的社會與政治脈絡下,分析了法院的意見與最終決定;本文並主張南韓憲法法院在揭露過去犯罪行為的真相,與開啟後續追訴與審判行為上,獲得一大進展。該判決為追溯過去極權政府惡行的立法奠定了法理基礎,並為南韓市民社會帶來正義。 |
| 英文摘要 |
The Kwangju massacre in South Korea not only represents the civilian struggle against an authoritarian regime, but also facilitated the Korean democratization in the 1980s and 90s. The Korean National Assembly passed a special law which discloses the facts about this incident and punishes the perpetrators on December 21, 1995. Although the critics to the Act asserted that it was unconstitutional because it is retroactive legislation, the Court upheld the constitutionality of the Act. As a result, former President Chun Doo-hwan was sentenced to life imprisonment and ex-President Roh Tae-woo was imprisoned for seventeen years. Several legal questions, however, remained unanswered by the ruling of the Court. Was the Act retroactive and, therefore, unconstitutional? Secondly, when does the statute of limitations run for prosecution to enforce the Act?This note analyzes the opinions of the justices and the final decision of the Court. It also discusses the relationship between the decision of the Court and its social and political context. Finally, this note addresses the influence of the decision. This note argues the Korean Constitutional Court made progress in revealing the truth about the evil past and opened the door for further prosecution and legal action. The decisions of the Court also influenced related legislation. It gave a sound legal foundation for further legal action to rectify the wrongs of the previous authoritarian administrations and brought a system of justice to the civil society. |
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