that the President is an institution representing the public's will directly
vested with democratic legitimacy through election, a valid ground
for impeaching the President can be found only when the President
has lost the public's trust by the act of violation of law to the extent
that such public trust vested in the President should be forfeited while
the presidential term still remains.
Specifically, the essential content of the constitutional order ultimately protected by the impeachment adjudication process, that is,
the 'basic order of free democracy' is constituted of the basic elements
of the principle of government by the rule of law which are 'respect
for basic human rights, the separation of powers, and the independence
of the judiciary,' and of the basic elements of the principle of democracy which include 'the parliamentary system, the multi-party system,
and the electoral system' (2 KCCR 49, 64, 89Hun-Ka113, April 2,
1990). Accordingly, a 'violation of law significant from the standpoint of protection of the Constitution' requiring the removal of the
President from office means an act threatening the basic order of free
democracy that is an affirmative act against the fundamental principles
constituting the principles of the rule of law and a democratic state.
An 'act of betrayal of the public's trust' is inclusive of other patterns
of act than a 'violation of law significant from the standpoint of protection of the Constitution,' and, as such, typical examples thereof
include bribery, corruption and an act manifestly prejudicing state
interest, besides an act threatening the basic order of free democracy.
Therefore, for example, in case of the President's act of corruption by abuse of power and status given by the Constitution such as
bribery and embezzlement of public funds, the President's act manifestly
prejudicing state interest despite the President's obligation to implement
public interest, the President's act of impeding upon the authority vested in other constitutional institutions such as the National Assembly by
abuse of power, the President's act of infringing upon the fundamental
rights of the public such as oppression of the citizenry by way of state
organizations, or the President's act of an illegal electoral campaign
or fabricating the election by using the state organizations in elections,
it may be concluded that the President can no longer be entrusted
to implement state affairs since the President has lost the trust of
the public that the President will protect the basic order of free
democracy and faithfully implement state administration.
In conclusion, a decision to remove the President from his or
her office shall be justified in such limited circumstances as where
the maintenance of the presidential office can no longer be permitted
from the standpoint of the protection of the Constitution, or where
the President has lost the qualifications to administrate state affairs
by betraying the trust of the people.
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