of the Constitution). Also, the President is an institution representing
the public will directly vested with the democratic legitimacy in that
the President is elected through a national election (Article 67 of the
Constitution). In these regards, there is a fundamental difference in
political function and weight between the President and other public
officials subject to impeachment. This difference is exhibited as a
fundamental discrepancy in the 'impact of the removal.'
A decision to remove the President from office would deprive
the 'democratic legitimacy' delegated to the President by the national
constituents through an election during the term of the office and
may cause political chaos arising from the disruption of the opinions
among the people, that is, the disruption and the antagonism between
those who support the President and those who do not, let alone a
national loss and an interruption in state affairs from the discontinuity
of the performance of presidential duties. Therefore, in the case of
the President, the 'directly delegated democratic legitimacy' vested
through a national election and the 'public interest in continuity of
performance of presidential duties' should be considered as important
elements in determining whether to remove the President from office.
Therefore in light of the gravity of the effect to be caused by the
removal of the President from office, the ground to justify a decision
of removal should also possess corresponding gravity.
As a result, a grave violation of law is required for a decision
to remove the President from office that can overwhelmingly outweigh
the extremely significant impact of such decision of removal, whereas
even a relatively minor violation of law may justify the removal from
office of public officials other than the President as the impact of
removal is generally light.
(3) Although it is very difficult to provide in general terms
which should constitute a 'grave violation of law sufficient to justify
the removal of the President from office,' that the impeachment adjudication process is a system designed to protect the Constitution
from the abuse of public officials' power on one hand and that the
decision of removal of the President from office would deprive the
public's trust vested in the President on the other hand, can be presented as important standards. That is, on one hand, from the
standpoint that the impeachment adjudication process is a procedure
ultimately dedicated to the protection of the Constitution, a decision
to remove the President from office may be justified only when the
President's act of violating law has 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 a decision of removal. On the other hand, from the standpoint
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