현행 탄핵제도의 문제점과 개선방안

This paper is a study on the problems of the impeachment system in the current korean constitution. The impeachment system of the current constitution consists of the impeachment process of the National Assembly and the impeachment review process of the Constitutional Court. While the current parliamentary impeachment procedure under the National Assembly Act emphasises the speed of the process and the right of the National Assembly to impeach, it overlooks the right of the accused to defend himself or herself and the right of political minorities to engage in reasoned debate and persuasion based on parliamentarism and to present their opposing views. The Constitutional Court Act about the impeachment review process does not provide for specific rules to govern impeachment proceedings before the Constitutional Court, but rather provides for a general application of the Code of Criminal Procedure and the Code of Civil Procedure in matters not covered by the Code. Nevertheless, the Constitutional Court Act, which governs impeachment proceedings, contains a number of disciplinary deficiencies. The Constitutional Court has been criticised for the lack of clarity and predictability of its standards in the case of presidential impeachment. Political positions distort the judgement of the Constitutional Court and raise questions about the legitimacy of the impeachment trial process and the legitimacy of dismissal decisions from presidency. In order to ensure procedural clarity and predictability, guarantee the accused's right to defence, and realise the efficiency of the trial, it is ultimately necessary for the National Assembly to clarify the procedure through legislation. I believe that if these issues are addressed, the impeachment system can be prevented from being abused for political purposes by the parliamentary majority and can be used faithfully for its original purpose of controlling power.