the National Assembly. Therefore, it is not desirable for other state
institutions to intervene and judge the legitimacy of a decision reached
by the National Assembly upon matters that fall within the scope of
its self-regulating authority, and no exception thereto applies to the
Constitutional Court (See 10-2 KCCR 74, 83, 98Hun-Ra3, July 14,
1998).
Also, the Speaker of the National Assembly is, in principle, vested
with the general and inclusive authority and responsibility concerning
the deliberation process of the National Assembly, pursuant to Article
10 of the National Assembly Act. Therefore, in cases of disputes
as to the deliberation process at the general meeting or where the
normal deliberative process otherwise cannot apply, the method of
deliberation and of resolution is to be determined by the Speaker of
the National Assembly within the above authority endowed to the
Speaker. Such authority of the Speaker to preside over the deliberation process is, widely interpreted, part of the self-regulating authority of the National Assembly, and should be respected as such unless
exercised in a way clearly beyond its limit. As a principle, such
authority may not be impeded upon by the Constitutional Court (See
12-1 KCCR 115, 128, 99Hun-Ra1, February 24, 2000).
B. On the argument that the proceedings at the
National Assembly lacked sufficient investigation
and deliberation
The respondent argues that in order for the National Assembly
to petition for the impeachment of the President, the National Assembly
must sufficiently investigate the grounds for impeachment and the
evidence thereto, to the extent that the Constitutional Court in its
impeachment adjudication can readily determine the validity of the
alleged grounds for impeachment. It is desirable, as a matter of
course, that the National Assembly thoroughly investigate the stated
grounds for impeachment prior to its reaching a resolution to impeach.
However, Article 130(1) of the National Assembly Act provides that,
"upon proposal for the impeachment resolution, ... the National Assembly may, by resolution at the plenary session, assign the matter to
the Legislation and Judiciary Committee for investigation," thus subjects
the investigation to the discretion of the National Assembly. Therefore,
even if the National Assembly did not perform a separate investigation
in the instant case, this was not in violation of the Constitution or
statutes.
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