Constitutional Court of Korea

High ranking officials of the administration or judiciary, who are not subject to prosecution or disciplinary action under the general legal system, may be subject to impeachment adjudication. The National Assembly passes a motion for impeachment when officials whose status are guaranteed by statute are found to have committed a grave crime while performing their official duties, and the following impeachment decision removes the person(s) from office. This system protects the Constitution from being violated by such high ranking officials.

Impeachment Resolution and Impeachment Process

If the President of the Republic, the Prime Minister, members of the State Council or Ministers of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, Chairman or commissioners of the Board of Audit and Inspection, or other public officials designated by law violate the Constitution or other laws in the performance of official duties, the National Assembly may pass a motion for impeachment. When the impeachment bill is passed, the Speaker of the National Assembly shall send the original copy of the impeachment bill immediately to the Chair of the Legislation and Judiciary Committee of the National Assembly, who is the impeachment prosecutor. The impeachment prosecutor shall request adjudication by presenting the bill to the Constitutional Court. No person against whom the impeachment bill is passed shall exercise his or her power until the Constitutional Court makes a decision.

Proceedings

The impeachment adjudication proceeds with the hearings. If a party fails to attend a hearing, a new schedule shall be arranged. If the party fails to attend the rescheduled hearing, the adjudication can be carried out without his/her attendance.

Decision and Effect

When a request for impeachment is upheld, the Constitutional Court shall pronounce a decision that the respondent be removed from office. The decision of impeachment does not excuse the official from civil or criminal liability. An impeached official cannot serve as a public official for 5 years from the date of the impeachment decision.