provides in Article 110 that the Speaker of the National Assembly
should declare the title of the subject matter that is to be voted on.
Pursuant to the above provision, the scope of the subject matter to
be voted on varies depending upon how the title of the subject
matter is determined. Thus, whether or not more than one ground
for impeachment may be voted on as a single matter is, basically,
up to the Speaker of the National Assembly who has the authority
to determine the title of the subject matter that is to be voted on.
Therefore, the argument raised by the respondent in this regard
lacks merit.
H. On the argument that the principle of due process
was violated
The respondent argues that the impeachment resolution in the
instant case was in violation of the principle of due process since
the respondent had not been officially notified of the facts allegedly
constituting the grounds for impeachment nor had the respondent
been provided with an opportunity to state his own opinions.
The principle of due process here, as the respondent argues, is
the legal principle that before the state authority makes a decision
prejudicing its citizen, such citizen should be provided with an opportunity to state his or her own opinions, and should thereby be able
to affect the progress of the procedure and the result thereof. The
citizen is not a mere object of the state authority but the subject of
the process and only when a citizen may state his or her own opinions
prior to a decision concerning his or her own right can an objective
and fair procedure be guaranteed and the equality of status in the
procedure between the parties realized.
In the instant case, however, the impeachment procedures at the
National Assembly concern the relationship between two constitutional
institutions, the National Assembly and the President, and the impeachment resolution by the National Assembly merely suspends the exercise of the authority vested in the President as a state institution
and does not infringe the basic rights of the President as a private
individual. Therefore, the due process principle that has been formed
as a legal principle applicable in the exercise of the governmental
power by the state institution in its relationship with its citizens
shall not be directly applicable in the impeachment proceeding that
is designed to protect the Constitution against a state institution.
Furthermore, there is no express provision of law concerning the impeachment proceeding that requires an opportunity to be heard for
the respondent. Therefore, the argument that the impeachment proceeding at the National Assembly was in violation of the due
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