Circumstances and persons concerned

In case the President, the Prime Minister, members of the State Council, Heads of executive ministries, 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 parliament may pass motions for their impeachment (Article 65 of the Constitution).

Modalities and procedure

A motion for impeachment 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 all its members to be passed. A motion for the impeachment of the President is proposed by a majority of the total members of the National Assembly and approved by two thirds or more of them.

Consequences

Any person against whom a motion for impeachment has been passed is suspended from exercising his or her 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. The President cannot, however, be charged with a criminal offence during his tenure of office except for insurrection or treason (Article 84 of the Constitution). In case a vacancy occurs in the office of the President, a successor is to be elected within 60 days. Between 1990 and 2000, seven motions for impeachment were tabled in the Assembly and five of them were accepted. In March 2004, a motion to impeach the President was tabled and passed by the National Assembly. In May of the same year, the Constitutional Court of the Republic of Korea rejected the motion.

Have these procedures been applied?   Yes