• Journal of Legislation Research
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• no.54
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• pp.7-37
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• 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
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• 2018.05a
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• pp.99-100
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• 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
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• no.32
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• pp.45-78
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• 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.

• Journal of the Korea Convergence Society
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• v.6 no.5
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• pp.207-217
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• 2015

A Study on Problem of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence Meaning of impeachment evidence in criminal proceedings is liking the spread of the branches moment. The first, there is to set limits of impeachment evidence. The amicable solution is to accept moving flexibly. In a concrete way must to make away with a constituent element unlawfulness. The second, problem a return to probative force exist. This problem agree in principle to resolve an issue for the testimony of an eyewitness. The third, how to admit that institution of criminal investigation after the testimony of an eyewitness exist. This attendant conditions are to eliminate illegality for the authenticity in he testimony of an eyewitness and for the observe due process. Therefore, we must observe due process without illegality to solve the problem for the convergence.

• The Journal of the Korea Contents Association
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• v.17 no.6
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• pp.311-318
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• 2017

The objective of this study was to reveal the educational meanings of candlelight rallies for the impeachment of President Park Geun-hye. For this, the origin and history of Korean candlelight rallies were divided. The researcher divided Korean candlelight rallies into four stages such as rallies for cherishing Hyosun & Miseon for Stage1, rallies for opposing the import of US beef for Stage2, rallies for the impeachment of President Roh Moo-hyun for Stage3, and rallies for the impeachment of President Park Geun-hye for Stage4. After that, the researcher revealed five educational meanings of the candlelight rallies for the impeachment of President Park Geun-hye. First, it is the change of educational structure. Second, it is the appearance of new subject. Third, it is the place for democratic communication and expression. Fourth, it is the equality and solidarity. Fifth, it is the establishment of an opportunity to have rational growth.

• The Journal of the Korea Contents Association
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• v.17 no.11
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• pp.554-566
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• 2017

Through the Broadcasting Act, Republic of Korea regulates the broadcasting system to remain neutral regarding particular party or candidate. However, as MBC and JTBC reports the issue of President Park's impeachment in bisected way - conservative and progressive - the controversy aroused. This research paper comparatively analyzed each broadcasting company's evening news by focusing on quantity aspect, reporting tendency regarding trend of public opinion and mass rally and the news frame. Our research showed that both JTBC and MBC had partially reported; JTBC on pro-impeachment rally's side which was called candlelight rally, and MBC on anti-impeachment rally's side, called Korean National Flag rally. Regarding the way how they reported the impeachment, JTBC reported much more in depth than MBC, and MBC reported the process emotionally, standing for President Park.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.6
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• pp.875-885
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• 2018

This study analyzed the major issues of the Candlelight Rally and Taegukgi Rally registered in news comments of the politics section of the portal site from October 24, 2016 to March 19, 2017. We examined the political recognition of the two rallies with the Named Entity Recognition. The main analytical items are the responsibility for impeachment, the subject and method of settlement, and other major issues. As a result of the analysis, the comments of the Candlelight Rally focused on the impeachment support and the legal penalties of the regime ministers, and insisted on resolving the political situation through the next election after impeachment. The comments of the Taegukgi Rally focused on the rejection of the impeachment to maintain the regime and insisted on rejecting the impeachment of the Constitutional Court. The conflicts between the group that supported Candlelight Rallis and the group that supported Taegukgi rallies are predicted to last at least for the time being (Park Geun-hye's trial period) after the presidential election. After the impeachment of the President and replacement of the regime this conflict will develop into the confrontation between the pursuit of liquidation and new politics and the attempt to influence the trial of Park Geun-hye. Therefore, the efforts to integrate society in the aftermath are necessary.

• 프린팅코리아
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• s.23
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• pp.116-117
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• 2004

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

• Korean Journal of Legislative Studies
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• v.26 no.1
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• pp.193-200
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• 2020