"when there is a valid ground for the petition for impeachment
adjudication, the Constitutional Court shall issue a decision removing
the respondent from office." The above provision may be interpreted
literally to mean that the Constitutional Court shall automatically
make a decision of removal from office in all cases where there is
any valid ground for impeachment as set forth in Article 65(1) of
the Constitution. However, if every and any minor violation of law
committed in the course of performing official duties were to mandate
removal from office, this would offend the request that punishment
under the Constitution proportionally correspond to the obligation owed
by the respondent, that is, the principle of proportionality. Therefore,
the 'valid ground for the petition for impeachment adjudication'
provided in Article 53(1) of the Constitutional Court Act does not
mean any and all incidence of violation of law, but the incidence of
a 'grave' violation of law sufficient to justify removal of a public
official from office.
15. The question of whether there was a 'grave violation of law'
or whether the 'removal is justifiable' cannot be conceived by itself.
Therefore, the existence of a valid ground for the petition for impeachment adjudication, that is, the removal from office, should be determined
by balancing the 'degree of the negative impact on or the harm to
the constitutional order caused by the violation of law' and the 'effect
to be caused by the removal of the respondent from office.'
On the other hand, 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 light of the gravity of the effect to be caused by the removal of
the President, the ground to justify a decision of removal should
also possess corresponding gravity.
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,' a decision to remove the
President from 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.
16. Considering the impact on the constitutional order caused by
the violations of laws by the President as recognized in this case in
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