Translation:Impeachment Court Act (1965)

Chapter I General Provisions

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)

Where a public official in Article 61(1) of the Constitution violates the Constitution or statutes in the course of execution of their duties, the National Assembly may adopt a resolution on the institution of impeachment as prescribed in the Constitution and the National Assembly Act. [This Article Wholly Amended on March 17, 1965]

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

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 consensus, and the Chief Impeachment Commissioner, who shall be the Chairman of the Legislation and Justice Committee, shall represent the prosecution and conduct the prosecution in the impeachment.

(2) When the Chief Impeachment Commissioner becomes unable to perform their duties due to any unavoidable cause, the member of the prosecution designated by them shall act on their behalf.

[This Article Wholly Amended on March 17, 1965]

Article 7 (Prosecution of Impeachment)

(1) The Chief Impeachment Commissioner shall request judgement by presenting to the Court an authentic copy of the written impeachment resolution.

(2) The Chief Impeachment Commissioner shall attach evidence and other information relevant to the impeachment resolution referred to in paragraph (1). <Amended on March 17, 1965>

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

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 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.<Amended on March 17, 1965>

(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 by the President of the Court from among the public officials assigned to the Court.<Amended on <March 17, 1965>

(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 30 days after it commences the trial.<Amended on March 17, 1965>

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:

1. Request a person who holds evidence to submit it;
2. Inspect a place to discover facts or collect evidence;
3. 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 due to any unavoidable cause.<Amended on March 17, 1965>

(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 hearing of trial and decision on impeachment shall be open to the public.<Amended on March 17, 1965>

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 reviews shall not be disclosed.<Amended on March 17, 1965>

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.<Amended on March 17, 1965>

Article 26 (Reason for Decision)

(1) The reasons for a decision shall be attached thereto..<Amended on March 17, 1965>

(2) The reasons and evidence for removal of a public official shall be clearly specified in a decision of impeachment.<Amended on March 17, 1965>

Article 27 (Written Decision)

(1) When the Court finishes the judgment, it shall prepare, and all Judges involved in the decision shall sign and seal, a written decision.<Amended on March 17, 1965>

(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 Prosecutor, the person impeached, and the head of the State agency to which the person impeached belongs.<Amended on March 17, 1965>

Article 29 (Publication of Judgement)

The final decision of the Court shall be published in the Official Gazette.<Amended on March 17, 1965>

Article 30 (Effect of Decision)

When the Court pronounces a decision of impeachment, the person impeached shall be removed from the relevant public office. [This Article Wholly Amended on March 17, 1965]

Article 31 (Reinstatement of Qualifications)

Any person who is removed from public office by the decision of impeachment shall not be a public official within the meaning of Article 61(1) of the Constitution until three years have passed from the date on which the decision is pronounced. [This Article Wholly Amended on March 17, 1965]

Article 32 Deleted<Act No. 3721, March 17, 1965>

Article 33 Deleted<Act No. 3721, March 17, 1965>

Chapter IV Penalty Provisions

Article 34 (Penalty Provisions)

Any of the following persons shall be punished by a fine for negligence not exceeding 10,000 won:

1. 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;
2. A person who is demanded or ordered to submit articles of evidence by the Court but fails to submit them without justifiable reason; or
3. 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>

(1) This Act shall enter into force on the date of promulgation.

(2) Deleted.<Act No. 3721, March 17, 1965>

ADDENDA<Act No. 3721, March 17, 1965> This Act shall enter into force on the date of promulgation.

Source

• Impeachment Court Act, Ministry of Government Legislation, Korean Law Information Center