limited to 'grave and apparent violation of the Constitution and
statutes deemed to impede upon the constitutional values and the
constitutional fundamental order.'
The impeachment resolution in the instant case was reached by
a National Assembly that has practically lost democratic legitimacy,
with the termination of its term fast approaching, in pursuit of party
interest and impulse beyond its authority delegated by the public;
and was hastily processed even though there was no substantive ground
that would justify impeachment, without careful investigation and deliberation, democratic discussion, or any process to persuade the public.
With respect to the first alleged ground for impeachment entitled
the 'violation of the election law,' the President is a public officer of
a political nature who is permitted to be a member of a political party
and Article 9 of the Public Officials Election Act cannot be applied
to the President. Even if not, the statements at issue herein are not
deemed to be in violation of the Public Officials Election Act.
With respect to the second alleged ground for impeachment entitled
the 'corruption of the respondent's close associates and aides,' many of
the alleged facts occurred prior to the respondent's inauguration as
President, and the respondent was neither involved in the alleged
corruption by, for example, directing or abetting such alleged acts,
nor has the respondent's involvement been proven, therefore, such
alleged acts under this count do not constitute a ground for impeachment.
With respect to the third alleged ground for impeachment entitled
the 'disruption of the national administration,' the allegation is different from the fact, and, even if true, the political incapacity or the
misjudgment in policymaking of the President does not constitute a
ground for impeachment.
3. Review of the Legality of the National Assembly's
Impeachment
A. National Assembly's Authority to Self-Regulate
its Deliberation Proceedings
The National Assembly, as the representative of the public and
as the legislative body, possesses vast authority to self-regulate its
administration, including its deliberation process and internal regulation.
This self-regulating authority should be respected in light of the
doctrine of separation of powers and the status and the function of
the National Assembly, as long as there is no clear violation of the
Constitution or statutes in the deliberative or legislative process of
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