탄핵심판청구 취하에 관한 비판적 고찰

The Constitutional Court should make it suitable for the feature of impeachment such as purpose, function, essence and suit structure, although it adapts the law of criminal or civil suit or establishes related proceedings by itself. It is a general opinion in Korea that withdrawal of trial request is undoubtedly permitted applying the withdrawal rules of civil suit to impeachment proceedings. However, the general opinion should be reexamined as follows; withdrawal of trial request in the case of dissolution trial of political party that similar to impeachment in the aspect of the means to protect constitution, is hard to be allowed; controlling the power of impeachment prosecution of the National Assembly corresponds with the ideological basic principle of impeachment; the power of the National Assembly concerning impeachment is restrictively interpreted as long as law-ruling impeachment type that strongly distrusts the Assembly is taken as a constitutional system in Korea; the National Assembly has no discretionary power to withdraw the request for impeachment trial since dispositionmaxime is precluded in the impeachment trial that bears official-authority suit structure as an objective lawsuit; whether to conclude impeachment trial or not is to be independently decided by the Constitutional Court depending on objective benefit of trial; referring to the meaning of adaptation rule that should decide whether to apply other laws of suit or not considering abovementioned features of impeachment. In conclusion, it is reasonable and correspondent with constitutional spirit to interpret that withdrawal of request for impeachment trial is not allowed in Korea that has no clear enactment contrary to Germany.