Table of Contents

Contents of the Decision

1. The subject matter to be adjudicated by the Constitutional Court in the impeachment adjudication proceeding.
2. Whether or not the due process principle is directly applicable in the impeachment proceeding at the National Assembly. (negative)
3. The nature of the impeachment proceeding set forth in Article 65 of the Constitution.
4. The meaning of the grounds for impeachment set forth in Article 65 of the Constitution.
5. The constitutional ground for the obligation of political neutrality by public officials concerning elections.
6. Whether or not the President is a "public official" within the meaning of Article 9 of the Act on the Election of Public Officials and the Prevention of Election Malpractices (hereinafter the "Public Officials Election Act"). (affirmative)
7. Whether or not the statements of the President expressing support for a particular political party at press conferences violate the obligation of political neutrality by public officials. (affirmative)
8. Whether or not the statements of the President expressing support for a particular political party at press conferences are in violation of the provision that prohibits electoral campaigns by public officials set forth in Article 60 of the Public Officials Election Act. (negative)
9. The obligation of the President to abide by and preserve the Constitution.
10. Whether or not the act taken by the President toward the National Election Commission's decision finding the President's breach of the election law violates the constitution. (affirmative)
11. Whether or not the President's act proposing a national referendum on whether he should remain in office violates the Constitution. (affirmative)
12. Whether or not the incidents of corruption involving the President's close acquaintances and associates constitute a violation of law by the President. (negative)
13. Whether or not the political chaos and economic disruption caused by the unfaithful performance of the official duties and reckless management of the state affairs can be a subject matter for an impeachment adjudication at the Constitutional Court. (negative)
14. Whether or not the "valid ground for the petition for impeachment adjudication" set forth in Section 1, Article 53 of the Constitutional Court Act is limited to a grave violation of law. (affirmative)
15. The standard of review to be applied in determining the "gravity of the violation of law".
16. Whether or not the President should be removed from office where, as in the instant case, there is no finding of the President's active intent against the constitutional order in his specific acts of violations of law. (negative)
17. Whether or not the separate opinions may be disclosed at the impeachment adjudication proceeding. (negative)

Summary of the Decision