B. The Constitution, in Article 65(1), provides for the grounds
of impeachment that "the National Assembly may resolve to impeach
the President, ... upon violation of the Constitution or statutes by
the President, ... in performing official duties."
(1) All state institutions are bound by the Constitution. Especially, the legislator should abide by the Constitution in the legislative
process and the executive branch and the judicial branch are bound
by the Constitution in exercising the state authority vested by and
under the Constitution. Article 65 of the Constitution reemphasizes
that the state institutions of the executive and the judicial branches
are bound by the Constitution and statutes, and, on this very ground,
sets forth the grounds for impeachment to be the violation of the
Constitution and statutes, not limiting the grounds merely to the violation of the Constitution. The question of whether the executive
branch and the judicial branch abide by the statutes formed by the
legislative branch is directly related to the question of their compliance with the doctrine of separation of powers and the principle of
the rule of law under the Constitution. Therefore, observance of the
statutes by the executive and the judicial branches means, in turn,
their compliance with the constitutional order.
(2) An analysis of the specific grounds for impeachment set forth
in Article 65 of the Constitution here reveals that the 'official duties'
as provided in 'exercising the official duties' mean the duties that are
inherent in particular governmental offices as provided by law and
also other duties related thereto as commonly understood. Therefore,
acts in exercising official duties mean any and all acts or activities
necessary for or concomitant with the nature of a specific public office
under the relevant statutes, orders, regulations, or administrative
customs and practices. Thus, the act of the President in exercising
official duties is a concept not only including an act based on pertinent statutes, orders, or regulations, but also encompassing any act
performed by the President in his or her office as President with
respect to the implementation of state affairs,' and includes any such
acts, for example, visiting various organizations and industrial sites,
participating in various events such as a dedication ceremony and an
official dinner, appearing through the broadcasting media to explain
government policies in order to seek the public understanding thereof
and to efficiently implement national policies, and agreeing to hold a
press conference.
The Constitution sets forth the grounds for impeachment as a
"violation of the Constitution or statutes." The 'Constitution' here
includes the unwritten constitution formed and established by the
precedents of the Constitutional Court as well as the express constitutional provisions; the 'statutes' include not only the statutes in
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