Translation:Impeachment Court Act (1964)
Chapter I General Provisions
[edit]- Article 1 (Purpose)
The purpose of this Act is set forth provisions necessary for the organization and operation of the Court of Impeachment and its trial procedures.
- Article 2 (Reasons for Impeachment)
Impeachment of public officials designated by Article 61(1) of the Constitution shall be limited to any of the following cases:
- When they commit an act in violation of the Constitution or the provisions of a statute which may undermine the integrity of the rule of law;
- When they commit an act which infringes the rights and interests of the people by violating the Constitution of the provisions of a statute;
- When they has seriously abused their authority or neglected their official duties; or
- When they commit an act punishable with imprisonment without labor or a heavier punishment.
- Article 3 (Status of Impeachment Judges)
Members (hereinafter referred to as “Judges") of the Court of Impeachment (hereinafter referred to as “the Court”) shall hold honorary positions. However, they may receive a daily salary and other expenses.
- Article 4 (Expenses for Adjudication)
Expenses of the Court shall be approbated independently in the budget of the State.
Chapter II Impeachment
[edit]- Article 5 (Impeachment Commissioners)
The Chairman and Secretary of the Legislation and Justice Committee of the National Assembly shall be the impeachment commissioners.
- Article 6 (Duties of Impeachment Commissioners)
- (1) Impeachment commissioners shall perform their duties by independently.
- (2) Impeachment commissioners shall request adjudication in their own name and participate in the trial.
- Article 7 (Prosecution of Impeachment)
- (1) The impeachment commissioner shall request adjudication by presenting to the Court an authentic copy of the written impeachment resolution.
- (2) The impeachment commissioner shall attach evidence and other information relevant to the impeachment resolution referred to in paragraph (1), including the reasons for impeachment.
- Article 8 (Appointment of Attorney)
- (1) A person impeached under Article 7 may appoint an attorney at any time.
- (2) The provisions of statutes and subordinate legislation on criminal proceedings shall apply mutatis mutandis to the defense under paragraph (1).
- Article 9 (General Matters)
Matters concerning record-keeping of the impeachment shall be administered by public officials assigned to the Legislation and Justice Committee of the National Assembly.
Chapter III Impeachment Trial
[edit]- Article 10 (Judges)
- (1) Judges who are Supreme Court Justices shall be elected by the Conference of Supreme Court Justices, and Judges who are members of the National Assembly shall be elected by the National Assembly.
- (2) The Court shall have eight Reserve Judges consisting of three Supreme Court Justices, elected by the Conference of Supreme Court, and five members of the National Assembly, elected by the National Assembly.
- (3) Where a vacancy occurs or a Judge becomes unable to perform their duties due to any unavoidable cause, the Reserve Judges shall perform their duties as determined by the Court.
- (4) The National Assembly shall elect the Judges and Reserve Judges who are members of the National Assembly once it is formed after an election.
- (5) The term of office of Judges and Reserve Judges who are Supreme Court Justices and members of the National Assembly shall be four years.
- Article 11 (Prohibition of Concurrent Services)
Impeachment commissioners shall not be Judges or Reserve Judges.
- Article 12 (President)
- (1) The President of the Court shall be the Chief Justice of the Supreme Court.
- (2) The President of the Court shall represent the Court, take charge of the affairs of the Court, and direct and supervise the public officials under their authority.
- (3) If the President of the Court becomes unable to perform their duties due to any unavoidable cause, the eldest Judge shall act on behalf of the President.
- Article 13 (Clerks)
- (1) The Court shall have clerks.
- (2) The clerks shall have a section chief and other staff.
- (3) The section chief shall be appointed as a clerk.
- (4) The chief of the Court clerks shall be appointed by the President of the Court from among the public officials assigned to the Court, and staff shall be appointed or commissioned by the President of the Court from among the public officials under their supervision.
- (5) The section chief shall take charge of the affairs under order of the President of the Court, and direct and supervise public officials under their authority.
- (6) Any person who prepares business and maintains records and other documents concerning impeachment under the order of their superiors.
- (7) The section chief and other staff may have a daily salary and other expenses.
- Article 14 (Service of Impeachment Resolution)
The Court shall serve an authentic copy of the impeachment resolution on the person impeached without delay upon reaching a written request on the judgement of impeachment.
- Article 15 (Trial)
- (1) The Court shall commence the trial within 15 days of the receipt of the written impeachment resolution.
- (2) The Court shall pronounce a decision within 90 days after it commences the trial.
- Article 16 (Examination of evidence)
- (1) The Court may, on the request of the parties or ex officio, examine the necessary evidence and commission the courts or other relevant agencies to investigate the matter.
- (2) The provisions of statutes and subordinate legislation on criminal proceedings shall apply mutatis mutandis to the examination and investigation of evidence by the Court.
- Article 17 (Dispostion on Investigation)
Notwithstanding Article 17, the Court may, if necessary for an investigation, take disposition to:
- Request a person who holds evidence to submit it;
- Inspect a place to discover facts or collect evidence;
- Request the submission of report or relevant information to public offices or organizations equivalent thereto.
- Article 18 (Examination of Person Impeached)
The Court may summon and examine the person impeached.
- Article 19 (Presiding judge)
- (1) The Chief Justice of the Supreme Court shall be the presiding judge in cases of impeachment. However, if the Chief Justice is on trial, the Speaker of the National Assembly shall be the presiding judge.
- (2) Article 12(3) shall apply mutatis mutandis when the presiding judge becomes unable to perform their duties for any reason.
- (3) The presiding judge shall maintain order in the courtroom, direct the arguments, and arrange the verdict.
- Article 20 (Opening of Trials to the Public)
The trial and pronouncement of judgment shall be open to the public.
- Article 21 (Impeachment Plea)
- (1) Impeachment shall be judged on the basis of justice and equity by weighing the plea against the results of the examination of evidence.
- (2) If a party fails to attend on the date for their appearance, a new date shall be fixed. However, if the person impeached fails to attend without a justified reason, the impeachment may be carried out without their attendance.
- Article 22 (Suspension of Adjudication Proceedings)
Where a criminal proceeding is under way for the same cause as in the request for impeachment against the person impeached, the Court may suspend the adjudication proceedings.
- Article 23 (Provisions Applicable Mutatis Mutandis)
The provisions of the Criminal Procedure Act shall apply mutatis mutandis to the exclusion, recusal, and self-disqualification of Judges and other staff involved in the impeachment, and to the cost of hearings, preparation of protocol, and procedures in the trial court.
- Article 24 (Review of Decision)
Written materials shall not be disclosed.
- Article 25 (Res Judicata)
The Court shall not make a decision of impeachment on the same case when a prior decision has already been made.
- Article 26 (Reason for Decision)
- (1) The reasons for a decision shall be attached thereto.
- (2) The reasons and evidence for removal of a public official shall be clearly specified in a decision of impeachment.
- Article 27 (Written Decision)
- (1) When the Court finishes the judgment, a written decision shall be prepared, signed, and sealed by all the Judges participating in the judgement.
- (2) If the presiding judge is unable to sign and seal the written decision, another Judge shall sign and seal it, and if a Judge other than the presiding judge is unable to sign and seal it, the presiding judge shall add the reason therefor and sign and seal it.
- Article 28 (Service of Decision)
When the Court makes a final decision, it shall serve a certified copy of the written decision on the impeachment commissioner, the person impeached, and the head of the State agency to which the person impeached belongs.
- Article 29 (Publication of Judgement)
The final decision of the Court shall be published in the Official Gazette.
- Article 30 (Effect of Decision)
When the Court pronounces a decision of impeachment, the person impeached shall be removed from the relevant public office and shall not become a public official as prescribed by Article 61(1) of the Constitution unless their qualifications shall be reinstated.
- Article 31 (Reinstatement of Qualifications)
The Court may reinstate qualifications of a person impeached upon their request if they fall under any of the following subparagraphs:
- Where three years have passed from the date on which the decision is pronounced;
- Where clear evidence exists that the person should not have been removed.
- Article 32
A person whose qualifications shall have been reinstated shall recover the qualifications lost under the provisions of other statutes for the reason that they shall have been removed by a decision of impeachment.
- Article 33
The provisions of Article 29 shall apply mutatis mutandis to the reinstatement of qualifications.
Chapter IV Penalty Provisions
[edit]- Article 34 (Penalty Provisions)
Any of the following persons shall be punished by a fine for negligence not exceeding 10,000 won:
- A person who is summoned or commissioned as a witness, expert witness, or interpreter by the Court but fails to attend without any justifiable reason;
- A person who is demanded or ordered to submit articles of evidence by the Court but fails to submit them without justifiable reason; or
- A person who refuses or interferes with an investigation or examination of the Court without any justifiable reason.
ADDENDA<Act No. 1683, December 31, 1964>
[edit]- (1) This Act shall enter into force on the date of promulgation.
- (2) The first Judges and Reserve Judges to serve under this Act shall be elected no later than December 16, 1964.
Source
[edit]- Impeachment Court Act, Ministry of Government Legislation, Korean Law Information Center
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