Law
The procedure for impeachment is set out in the Constitution. According to Article 65 Clause 1, if the president, prime minister, or other state council members violate the Constitution or other laws of official duty, the National Assembly can impeach them.
Clause 2 states the impeachment bill must be proposed by one third and approved by a majority of members of the National Assembly for passage. In the case of the President, the motion must be proposed by a majority and approved by a supermajority of two thirds or more of the total members of the National Assembly, meaning that 200 of 300 members of the National Assembly must approve the bill. This article also states that any person against whom a motion for impeachment has been passed shall be suspended from exercising power until the impeachment has been adjudicated, and a decision on impeachment shall not extend further than removal from public office. However, impeachment shall not exempt the person impeached from civil or criminal liability for such violations. [1]
A successful impeachment vote is followed by suspension of duties, while an impeachment trial in the Constitutional Court takes place. [2] At least six of the nine Constitutional Court judges must find the impeachment case valid, for the defending official to be removed from office. [3]
Per the Constitutional Court Act, the Constitutional Court must make a final decision within 180 days after it receives any case for adjudication, including impeachment cases. If the respondent has already left office before the pronouncement of the decision, the case is dismissed. [4]
Neither the constitution nor the Constitutional Court Act provides concrete criteria to be considered in an impeachment case. Therefore, previous Constitutional Court decisions play an important role in establishing standards of review for impeachment cases.. In President Roh's impeachment case, the court decided that a grave (중대한) violation of the law is required to remove a president from office. However, in the case of President Park Geun-hye, the Constitutional Court held that a violation of the constitution is sufficient for removal, even without a grave violation of the law or statutes. [5]
While precedent exists for the Constitutional Court to hold hearings to address impeachments of lower offices with only six members seated at a time when three of its seats were vacant (set during the impeachment of Lee Jin-sook at her request for proceedings to begin promptly), there is a strict quorum of seven justices needed to be present for the court to hold proceedings on presidential impeachments. [6]
