Therefore, since the act of violation of law by the President
does not have a significant meaning in terms of the protection of
the Constitution to the extent that it is requested to protect the
Constitution and restore the impaired constitutional order by removing
the President from office and, also, since such violation of law by
the President cannot be deemed to evidence the betrayal of public
trust on the part of the President to the extent that the public trust
vested in the President should be deprived of prior to the completion
of the remaining presidential term, there is no valid ground justifying
removal of the President from office.
(B) The power and political authority of the President is vested
by the Constitution and a president who disrespects the Constitution
denies and destroys his or her own power and authority. Especially,
the importance of a resolute position of the President to protect the
Constitution cannot be emphasized enough in today's situation where
the constitutional awareness among the public has just begun to sprout
in a brief history of democracy and the respect for the Constitution has
yet to be firmly established in the consciousness of the general public.
As the 'symbolic existence of the rule of law and the observance of
law,' the President should make the best effort in order to realize
the rule of law and ultimately protect the basic order of free democracy
by, not only respecting and abiding by the Constitution and statutes,
but also taking a decisive stand toward unconstitutional or unlawful
acts on the part of other state institutions or the general public.
7. Conclusion
A. The petition for impeachment adjudication is hereby rejected
as the number of the Justices required to remove the President from
office under Article 23(2) of the Constitutional Court Act has not
been met. It is so ordered, pursuant to Articles 34(1) and 36(3) of
the Constitutional Court Act.
B. Article 34(1) of the Constitutional Court Act provides that
the deliberation at the Constitutional Court shall not be disclosed to
the public, whereas the oral argument and the pronouncement of the
decision shall be disclosed. Here, non-disclosure of the deliberation
by the Constitutional Court Justices means that neither the separate
opinions of the individual Justices nor the numbers thereof shall be
disclosed, as well as the course of the deliberation. Therefore, the
opinions of the individual Justices may be noted in the decision
only when a special provision permits an exception to such secret
deliberation procedure. While there is such special provision permitting
an exception to the secrecy of deliberation in Article 36(3) of the
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