its entirety, the specific acts of the President in violation of law cannot be assessed as a threat to the basic order of a free democracy as there is no finding of an active intent to stand against the constitutional order therein. The acts of the President violating the laws were not grave in terms of the protection of the Constitution to the extent that it would require the protection of the Constitution and the restoration of the impaired constitutional order by a decision to remove the President from office. Also, such acts of the President cannot be deemed as acts that betrayed the trust of the people to the extent that they would require the deprivation of the trust delegated to the President by the people prior to the completion of the presidential term. Therefore, there is no valid ground sufficient to justify a decision to remove the President from office. 17. Article 34(1) of the Constitutional Court Act provides that the deliberation of the Constitutional Court shall not be public. Therefore, the separate opinions of the individual Justices may be noted in the decision only when a special provision permits an exception to such secrecy of deliberation proceedings. With respect to the impeachment adjudication, no provision for the exception to the secrecy of deliberation exists. Therefore, in this impeachment adjudication, the separate opinions of the individual Justices or the numbers thereof may not be noted in the decision. However, it should be noted that concerning the above position, there was also a position that the 'separate opinions may be noted in the decision as Article 36(3) of the Act should be interpreted to leave the question of whether to note individual opinions in an impeachment adjudication to the discretion of the participating justices.' --------------------------------- Parties Petitioner The Chair of the Legislation and Judiciary Committee of the National Assembly of the Republic of Korea, on behalf of the National Assembly of the Republic of Korea Counsel of Record: Kang Jae-sup and 66 others Respondent Roh Moo-hyun, the President of the Republic of Korea Counsel of Record: Ryu Hyun-seok and 9 others - 149 -