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 - 143 -

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