National Assembly and the President, and the National Assembly's resolution to impeach the President merely suspends the exercise of the
power and authorities of the President as a state institution and
does not impede upon the fundamental rights of the President as a
private individual. Therefore, the due process principle that has been
formed as a legal principle applicable to the exercise of governmental
power by a 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 process principle is
without merit.
3. Article 65 of the Constitution provides for the possibility of
impeachment of high-ranking public officials of the executive branch
and of the judiciary for violation of the Constitution or statutes. It
thereby functions as a warning to such public officials not to violate
the Constitution and thus also prevents such violations.
Further,
where certain state institutions are delegated with state authority by
the citizenry but abuse such authority to violate the Constitution or
statutes, the impeachment process functions to deprive such state
institutions of their authority.
That is, reinforcing the normative
power of the Constitution by holding certain public officials legally
responsible for their violation of the Constitution in exercising their
official duties is the purpose and the function of the impeachment
process.
4. An analysis of the specific grounds for impeachment set forth
in Article 65 of the Constitution 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.
As the Constitution provides the grounds
for impeachment as a "violation of the Constitution or statutes," the
'Constitution' includes the unwritten Constitution formed and established by the precedents of the Constitutional Court as well as the
express constitutional provisions; the 'statutes' include the statutes
in their formal meaning, international treaties that are provided with
the same force as statutes, and the international law that is generally
approved.
5. The obligation to maintain political neutrality at the election
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