Translation:Impeachment Court Act of South Korea (1954)
- Article 1
The purpose of this Act is to set forth provisions necessary for the organization and operation of impeachment courts in accordance with the Constitution.
Chapter I Institution[edit]
- Article 2
- When the National Assembly adopts a resolution on the institution of impeachment, it shall elect three members of the National Assembly of the impeachment court.
- The election under the preceding paragraph shall carried out by secret ballot.
- Article 3
- Impeachment shall be instituted when the written impeachment resolution is submitted to the impeachment court.
- The impeachment resolution shall clearly specify the name and position of the person impeached, and the reasons for impeachment.
Chapter II Trial[edit]
- Article 4
- Judges who are Supreme Court Justices shall be elected by the Conference of Supreme Court :Articles 60 and 61 of the Court Organization Act shall apply mutatis mutandis to the Conference of Supreme Court Justices.
- The Conference of Supreme Court Justices shall elect reserve judges at the same time as the election under paragraph (1) from among other Supreme Court Justices representatives of the Supreme Court.
- Article 5
- Judges who are members of the National Assembly shall be elected by secret ballot of the National Assembly.
- The National Assembly shall elect reserve judges from among remaining members as prescribed by the preceding paragraph.
- The election of judges shall be held without delay at the first session of the National Assembly formed after a general election. However, the National Assembly which enacted this Act shall elect the judges without delay upon the enforcement of this Act.
- Article 6
- (1) The term of office of judges shall be four years. However, when a member of the National Assembly or Supreme Court Justice resigns during the term of office of a judge, they shall resign as a matter of course.
- (2) Where any judge who is a member of the National Assembly shall hold concurrently the office of member of the State Council, they shall not performed the duties of a judge during such period.<Newly Inserted on January 23rd, 1954>
- Article 7
The presiding judge of the impeachment court shall represent the impeachment court, take charge of the affairs of the impeachment, and direct and supervise the impeachment court.
- Article 8
- The court shall appoint the presiding judge in advance.
- Where the presiding judge becomes unable to perform their duties due to any unavoidable cause, the acting presiding judge shall act on their behalf.
- Article 9
Where judges become unable to perform their duties due to any unavailable cause, the presiding judge shall designate reserve judges to act on their behalf.
- Article 10
- The impeachment court shall have a secretariat.
- A clerk bureau shall have a secretary general, chief clerk, administrative officer, and other clerks.
- The secretary general and clerks shall be appointed by the President on the recommendation of the presiding judge from among members of the National Assembly, the State Council, or the courts, and the chief clerk shall be appointed by the presiding judge.
- The Director of the Secretariat shall oversee the clerk bureau and direct and supervise its staff under order of the presiding judge.
- Record-keepers, chief clerks, and other clerks shall prepare and keep records and other documents concerning the impeachment under order of their superiors.
- Article 11
Judges and clerks shall hold honorary positions. However, they may receive a salary and other expenses necessary to perform their duties.
- Article 12
The impeachment court shall serve an authentic copy of the impeachment resolution on the person impeached without delay upon reaching a written request on the judgement of impeachment.
- Article 13
The impeachment court shall commence the trial without delay upon receipt of the written impeachment resolution.
- Article 14
A person impeached may appoint an attorney at any time. The provisions of statutes and subordinate legislation on criminal proceedings shall apply mutatis mutandis to the defense attorneys.
- Article 15
- The impeachment trial shall be conducted through oral arguments.
- If the person impeached fails to attend on the date for their appearance, a new date shall be fixed.
- If the person impeached fails to attend without a justified reason, the trial may continue without their attendance.
- Article 16
The impeachment commissioner shall attend the impeachment trial and the pronouncement of the decision.
- The decision and pronouncement of the decision shall be open to the public.
- Article 17
The presiding judge may take necessary measures to maintain order in the courtroom.
- Article 18
- The impeachment court may summon and examine the person impeached.
- The provisions of statutes and subordinate legislation on criminal proceedings shall apply mutatis mutandis under the preceding paragraph.
- Article 19
- The court may, on the request of the parties or ex officio, examine the necessary evidence and commission the courts to investigate the matter.
- The provisions of statutes and subordinate legislation on criminal proceedings shall apply mutatis mutandis to the examination of evidence by the Court: Provided, That the presiding judge and the impeachment court shall not make a decision on the arrest, seizure, search, or other forced disposition of body, item, or place of another person, or decide on negligence.
- The impeachment court may, if necessary for an investigation, take disposition to:
- Request a person who holds evidence to submit it;
- Inspect a place to discover facts or collect evidence;
- Request the submission of report or relevant information to public offices or organizations equivalent thereto.
- Article 20
The provisions of the Criminal Procedure Act shall apply mutatis mutandis to the exclusion, recusal, and self-disqualification of judges and other staff involved in the impeachment, and to the cost of hearings, preparation of protocol, and procedures in the trial court.
- Article 21
- Written materials shall not be disclosed.
- Any judge who participates in the trial shall express their opinion on the written decision.
- Article 22
The impeachment court shall not adjudicate again on the same case on which a prior decision has already been made.
- Article 23
- The reasons for a decision shall be attached thereto.
- The reasons and evidence for removal of a public official shall be clearly specified in a decision of impeachment.
- Article 24
- Upon making a final decision, a written decision shall be prepared.
- Judges participating in the trial shall affix their signature to the written decision and seal it.
- If the presiding judge is unable to sign and seal the written decision, another judge shall sign and seal it, and if a judge other than the presiding judge is unable to sign and seal it, the presiding judge shall add the reason therefor and sign and seal it.
- Article 25
When the impeachment court makes a final decision, it shall serve a certified copy of the written decision on the person impeached.
- Article 26
The final decision of the impeachment court shall be published in the Official Gazette.
- Article 27
When the impeachment court pronounces a decision of impeachment, the person impeached shall be removed from the relevant public office.
- Article 28
The impeachment court may suspend the person impeached from exercising their powers if deemed necessary.
- Article 29
Where a criminal proceeding is under way for the same cause as in the request for impeachment against the respondent, the impeachment court may suspend the adjudication proceedings.
- Article 30
If the respondent has already been removed from the relevant public office before the pronouncement of the decision, the impeachment court shall dismiss the request for adjudication with prejudice.
Chapter III Penalty Provisions[edit]
- Article 31
Any of the following persons shall be punished by a fine for negligence not exceeding 5,000 won:
- A person who is summoned or commissioned as a witness, expert witness, or interpreter by the impeachment court but fails to attend without any justifiable reason;
- A person who is demanded or ordered to submit articles of evidence by the impeachment court but fails to submit them without justifiable reason; or
- A person who refuses or interferes with an investigation or examination of the impeachment court without any justifiable reason.
ADDENDA<Act No. 101, February 21, 1950>[edit]
This Act shall enter into force on the date of promulgation.
ADDENDA<Act No. 304, January 23, 1954>[edit]
This Act shall enter into force within the 20 days from the date of promulgation in accordance with the provisions of the Constitution.
Source[edit]
- Impeachment Court Act, Ministry of Government Legislation, Korean Law Information Center
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