Impeachment Procedure in the Korean Constitutional Litigation

Impeachment is procedures of the Congress and Constitutional Court to prosecute, punish or dismiss a government official, such as a senior official in the executive branch or a judge, who is unable to be prosecuted or disciplined under general judicial procedures or disciplinary procedures. It is the system for the protection and maintenance of the Constitution from the violation of the Constitution by the senior officials of the branch. It was originated in the British parliament. The exceptional process created in situations where it was hard to deal with the corruption or illegality of the King’s dignitaries in general common law procedures. It was a kind of criminal prosecution in Parliament. The Korean impeachment procedure is a judicial model in which the parliament make a prosecution and the judiciary make a judgment. As the procedure is governed by the principle of protection of the constitution, many provisions of general criminal procedure cannot be applied as they are.