B. Subject Matter of Review (1) The subject matters of review in the instant case are whether the President violated the constitution or statutes in performing his duties and whether the President should be removed from office by the issuance of the Constitutional Court's order as such. (2) The Constitutional Court, as a judicial institution, is restrained in principle to the grounds for impeachment stated in the National Assembly's impeachment resolution. Therefore, no other grounds for impeachment except those stated in the impeachment resolution constitute the subject matter to be adjudicated by the Constitutional Court at the impeachment adjudication proceeding. However, with respect to the 'determination on legal provisions,' the violation of which is alleged in the impeachment resolution, the Constitutional Court in principle is not bound thereby. Therefore, the Constitutional Court may determine the facts that led to the impeachment based on other relevant legal provisions as well as the legal provisions which the petitioner alleges have been violated. Also, the Constitutional Court is not bound by the structure of the grounds for impeachment as categorized by the National Assembly in its impeachment resolution in determining the grounds for impeachment. Therefore, the question of in which relations the grounds for impeachment are legally examined is absolutely to be determined by the Constitutional Court. 2. Summary of the Impeaching Petitioner's Argument and the Respondent's Answer A. Summary of the Argument of the Impeaching Petitioner (1) Not only an act of a public official in violation of the provisions of the Constitution or statutes in the performance of his or her official duties, but also immorality concerning the performance of the office or the political incapability and the error in political decisionmaking, constitutes the grounds for impeachment. The grounds for impeachment are "all" acts in violation of the Constitution and statutes in the performance of his or her official duties and are not limited to only "grave" violations. Even if it is necessary to limit the grounds for impeachment to an 'act of grave violation' in order to prevent abuse of the impeachment system, it is manifest that a violation of the constitutionally mandated obligation or an unfaithful performance of the official duties by the President, unlike other acts - 156 -

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