Words of ROK constitution on impeachment
(China Daily)
Updated: 2004-03-12 11:31

Following are the English-language texts of Article 65 of the South Korean Constitution, which relates to impeachment, as published by the National Assembly as well as relevant procedures of the Constitutional Court:

In case the President, the Prime Minister, members of the State Council, heads of Executive Ministries, judges of the Constitutional Court, judges, members of the Central Election Management Committee, members of the Board of Audit and Inspection, and other public officials designated by law have violated the Constitution or other laws in the performance of official duties, the National Assembly may pass motions for their impeachment.

A motion for impeachment prescribed in Paragraph 1 may be proposed by one-third or more of the total members of the National Assembly, and requires a concurrent vote of a majority of the total members of the National Assembly for passage. Provided, that a motion for the impeachment of the President shall be proposed by a majority of the total members of the National Assembly and approved by two-thirds or more of the total members of the National Assembly.

Any person against whom a motion for impeachment has been passed is suspended from exercising his power until the impeachment has been adjudicated.

A decision on impeachment does not extend further than removal from public office. However, it does not exempt the person impeached from civil or criminal liability.

Constitutional Court procedures: Article 49 (Impeachment Prosecutor)

For the adjudication on impeachment, the Chairperson of the Legislation and Justice Committee of the National Assembly shall be the impeachment prosecutor.

The impeachment prosecutor shall request adjudication by presenting to the Constitutional Court an authentic copy of the written resolution.

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