• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• The Korean Journal of Archival Studies
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• no.32
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• pp.45-78
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• 2012

The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.