F. On the argument that the inquiry and discussion
process was lacking
The respondent argues that the forcefully performed voting with
a mere distribution of the printed materials instead of the explanation
of the purpose by the assemblyperson who proposed the impeachment
motion, without any inquiry or discussion process, in violation of Article
93 of the National Assembly Act, impeded the assemblypersons' right
to inquire and discuss.
Article 93 of the National Assembly Act provides that, 'with
respect to such subject matters which have not been examined by a
committee, the proponent of such matter should explain its purpose.'
The above minutes of the National Assembly general meeting indicate
that, in the deliberation process for the impeachment motion in the
instant case, a 'document' was substituted for the proponent's explanation of the purpose. There is no legal ground to deem this method as inappropriate.
Next, on the argument that the inquiry and discussion process
was lacking, as Article 93 of the National Assembly Act provides
that the 'general meeting, in deliberating the subject matters before
it, shall vote upon inquiry and discussion,' it would have been desirable, in light of the significance of the impeachment, if the National
Assembly had rendered sufficient inquiry and discussion within the National Assembly. However, with respect to the proposed impeachment
motion not sent to the Legislation and Judiciary Committee, Article
130(2) of the National Assembly Act stipulating that "a secret vote
shall be taken to determine whether to pass an impeachment motion
between 24 and 72 hours after the motion is reported to the plenary
session" can be deemed as a special provision concerning the impeachment procedure and may be interpreted to mean that the 'impeachment
motion may be put to a vote without inquiry and discussion.' With
the self-regulating authority and the legal interpretation of the National Assembly to be respected, such interpretation of the law cannot
be deemed as arbitrary or incorrect.
G. On the argument that each ground for impeachment
was not separately voted on
In voting to decide whether to pass an impeachment resolution,
it would be desirable to vote on each of the stated grounds for impeachment separately, in order to appropriately protect the right to
vote of the assemblypersons. However, the National Assembly Act
does not contain any express provision regarding such and merely
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