Suggestions for Impeachment of Justice of the Constitutional Court

The Constitutional Court is the guardian of the Constitution and is a constitutional institution that finally guarantees the basic rights of the people, and its neutrality and reliability depend greatly on the independence and integrity of the justice of the Constitutional Court. However, compared to the importance of the justice of the Constitutional Court, related research is relatively insufficient, and this study aims to examine the impeachment trial system in our constitutional history, focusing on the literature research law, analyze the current status and problems of the impeachment trial system of the justice of the Constitutional Court, and suggest future reform directions. As a result of the study, in the current impeachment system of the justice of the Constitutional Court, fellow justices are in charge of impeachment trials, and the fairness and objectivity of the judgment are questioned. If the impeachment is decided, the judge is excluded from the constitutional court procedure, so the procedure and requirements of the impeachment trial may be distorted. If the National Assembly's right to impeach is abused, the independence and function of the Constitutional Court may be reduced. As an improvement measure, it is suggested to establish and operate a separate body to be in charge of impeachment trials as in the case of the past constitution. Through this, it is expected that the independence of the constitutional trial and the effectiveness of the impeachment trial system can be secured.

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Publication Details

Published
2025-06-30
DOI
https://doi.org/10.48033/jss.10.2.37
Primary Topic
Ombudsman and Human Rights
Type
article
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article

Suggestions for Impeachment of Justice of the Constitutional Court

Oh Tae-Kon
Ombudsman and Human Rights
article

Suggestions for Impeachment of Justice of the Constitutional Court

Oh Tae-Kon
article en

Abstract

The Constitutional Court is the guardian of the Constitution and is a constitutional institution that finally guarantees the basic rights of the people, and its neutrality and reliability depend greatly on the independence and integrity of the justice of the Constitutional Court. However, compared to the importance of the justice of the Constitutional Court, related research is relatively insufficient, and this study aims to examine the impeachment trial system in our constitutional history, focusing on the literature research law, analyze the current status and problems of the impeachment trial system of the justice of the Constitutional Court, and suggest future reform directions. As a result of the study, in the current impeachment system of the justice of the Constitutional Court, fellow justices are in charge of impeachment trials, and the fairness and objectivity of the judgment are questioned. If the impeachment is decided, the judge is excluded from the constitutional court procedure, so the procedure and requirements of the impeachment trial may be distorted. If the National Assembly's right to impeach is abused, the independence and function of the Constitutional Court may be reduced. As an improvement measure, it is suggested to establish and operate a separate body to be in charge of impeachment trials as in the case of the past constitution. Through this, it is expected that the independence of the constitutional trial and the effectiveness of the impeachment trial system can be secured.

Vol. 10(2)
Openalex Percentile: Top 77%
Ombudsman and Human Rights
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Suggestions for Impeachment of Justice of the Constitutional Court — Oh Tae-Kon · (2025) | TGRS Research Map | TGRS