process principle is groundless.
4. Nature of the impeachment adjudication procedure
in Article 65 of the Constitution and the grounds
for impeachment
A. The impeachment adjudication procedure is a system designed
to protect and maintain the Constitution from infringement by highranking public officials of the executive and judicial branches.
Article 65 of the Constitution provides for the possibility of impeachment of high-ranking public officials of the executive branch and
the judiciary for violation of the Constitution or statutes. It thereby
functions as a warning to such public officials not to violate the Constitution and thus also prevents such violations. Further, where certain
public officials are delegated with state authority by the citizenry
but abuse such authority to violate the Constitution or statutes, the
impeachment process functions to deprive them of such authority.
That is, reinforcing the normative power of the Constitution by holding
certain public officials legally responsible for their violation of the
Constitution in exercising their official duties is the purpose and the
function of the impeachment adjudication process.
Article 65 of the Constitution includes the President in the definition of public officials who are subject to impeachment, memorializing
a discerned position that even the President elected by the public
and thereby directly endowed with democratic legitimacy may be impeached in order for the preservation of the constitutional order and
that the considerable political chaos that may be caused by a decision
to remove the President from office should be deemed as an inevitable
cost of democracy in order for the national community to protect the
basic order of free democracy. The system subjecting the President
to the possibility of impeachment, thus realizes the principle of the
rule of law or a state governed by law that every person is under
the law and no possessor of the state power, however mighty, is
above the law.
Our Constitution, in order to fulfill the function of the impeachment adjudication process as a process dedicated to the preservation
of the Constitution, expressly provides in Article 65 that the ground
for impeachment shall be a 'violation of the Constitution or statutes'
and mandates the Constitutional Court to take charge of the impeachment adjudication, thereby indicating that the purpose of the impeachment system lies in the removal of the President 'not for political
grounds but for violations of law.'
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