• Journal of Legislation Research
• /
• no.54
• /
• pp.7-37
• /
• 2018

This paper examines the provisions in the current law related to impeachment and proposes the direction for legislative improvement. For this purpose, this paper first analyzed the meaning of the provisions related to the impeachment system in the present law and examined the proposed legal theory in applying it to the case. The main purpose of this review is to identify deficiencies and uncertainties in the content of the regulation of law that arise in applying the regulation of law to the cases. The following problems are presented from it.: (1) the provisions on reasons for impeachment prosecution, (2) the distinction between causes of impeachment prosecution, (3) the duty of the National Assembly to investigate the reasons for impeachment prosecution, (4) Provisions concerning the sentencing of dismiss in the impeachment decision (4) "acts of betraying the credibility of the people" as a decision on discharge, (5) provisions on a fixed number for judgment for impeachment In order to solve these problems, this paper used a comparative method to examine cases in the United States and Germany. In addition, when the legal system is heterogeneous, the constitutional ideology or values of our constitutional system are considered and the direction for the legislative improvement is suggested.

• Proceedings of the Korea Contents Association Conference
• /
• 2018.05a
• /
• pp.99-100
• /
• 2018

'노무현대통령 탄핵'이 2004년 3월 12일에 발생하였으며, 시민은 촛불시위로 탄핵을 반대하였다. 이후 헌법재판소는 5월 14일에 탄핵소추를 부결하였다. 본 연구는 '노무현대통령 탄핵'을 소재로 하는 경향신문의 만평을 분석하였으며, '만평의 표현 '과 '만평의 인물과 사건'을 통해 만평 속 '노무현대통령 탄핵'을 분석하였다.

• The Korean Journal of Archival Studies
• /
• no.32
• /
• pp.45-78
• /
• 2012

The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.

• Proceedings of the Korea Contents Association Conference
• /
• 2018.05a
• /
• pp.209-210
• /
• 2018

'국가장법'(國家葬法)은 국가 또는 사회에 현저한 공훈을 남겨 국민의 추앙을 받는 사람이 서거(逝去)한 경우에 그 장례를 경건하고 엄숙하게 집행함으로써 국민 통합에 이바지하는 것을 목적으로 한다. 현행 국가장법이 규정하고 있는 국가장의 대상자는 (1) 전직 현직 대통령, (2) 대통령당선인, (3) 국가 또는 사회에 현저한 공훈을 남겨 국민의 추앙을 받는 사람이다. 위 사람들이 서거한 경우에는 유족 등의 의견을 고려하여 행정안전부장관의 제청으로 국무회의(國務會議)의 심의를 마친 후 대통령이 결정하는 바에 따라 국가장(國家葬)으로 할 수 있다. '대통령을 지냈다는 이유만으로 그 공과(功過)를 떠나 국가장으로 장례를 거행하는 것이 타당한지 의문이 든다. 현행 국가장법은 국가장 대상자의 제한에 대한 명확한 규정이 마련되어 있지 않아, 대통령이 재임중이나 퇴임후 내란죄나 직권남용죄, 뇌물죄 등 중범죄로 처벌받은 경우에도 국가장 대상자가 될 수 있는가에 대한 의문이 제기된다. 또한 헌법재판소의 탄핵결정을 받아 대통령직에서 파면당한 대통령이나, 탄핵소추의결서가 송달된 후 탄핵결정 전 스스로 사임한 경우까지 국가장으로 하는 것도 국민정서 등을 고려해 볼 때 문제가 있다고 할 것이다. 본고에서는 역대 전직대통령들의 장례 선례를 살펴보고, 현행 국가장법에 명확한 규정이 없는 국가장 대상자의 제한 문제를 검토한다.

• Convergence Security Journal
• /
• v.17 no.5
• /
• pp.111-119
• /
• 2017

As of March 2017, fake news is largely focused on political issues. Outside the country, main issues of the fake news have been a hot topic in the US presidential election in 2016 and emerged as a new political and social problem in countries like Germany and France. In Korea, issues of the fake news are also linked with political issues such as presidential impeachment and prosecution, impeachment quota, early election, etc. This phenomenon has recently led to the production and spread of fake news related to safety and security issues as well as political issues in connection with various methods of generating articles and sharing information. As a result, there is a high possibility that the information will be transformed into information that can cause considerable confusion to the public. Therefore, the recognition of such problems means that it is important at this point to consider the related situation analysis and effective countermeasures. To do this, we tried to make accurate and meaningful analysis for the diagnosis, analysis, forecasting and management of issues utilizing Big Data. As a result, it is found that the fake news is continuously generated in relation to the safety and security issue as well as the political issue in the South Korea, and differs from the general form occurring outside the country.

• Korea and Global Affairs
• /
• v.1 no.1
• /
• pp.31-70
• /
• 2017

On December 9, 2016, the decision of impeachment of the National Assembly decided against Park Geun-hye came from the nomination conflicts of the 20th general election between Pro-Park group and Anti-Park group at the ruling Saenuri Party. Therefore, this study focused on the nomination conflicts of the ruling party and the opposition party on the election results in the 20th general election on the public sentiment of the people. The nomination conflicts of the ruling and opposite parties were a prelude to the victory of the 19th presidential election, and it was serious faction conflict. Firstly, the study examined how the nomination conflicts of each party were centered on President Park Geun-hye as well as the leaders of each party and the chairman of the nomination committee. Secondly, the study examined what kind of changes would be made to the composition of presidential candidates for each party at the time of the presidential election. Thirdly, the study examined the opposition parties' separation between the Minjoo Party of Korea and the People's Party of Korea before and after the election and the issue of initiative in Honam. As a result of the analysis, the 20th general election failed to obtain a majority seat of the ruling Saenuri Party, and the opposition won and formed the majority. The reason why President Park and Saenuri were greatly defeated in the contest even in the situation where the opposition parties were divided is the root cause in the attitude of Pro-Park group and Anti-Park group who assumed their victory. Therefore, it is highly possible to render its responsibility to President Park Geun-hye, who has become a 'past power', and it has opened up the possibility that the emergence of future power by opposition parties. In the case of the opposition party, it is clear that the battle for Honam, which is a traditional opposition party's support group, is a matter of good fortune of the two major powers, Moon Jae In and Ahn Cheol Soo.