• 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.

• Asian Journal for Public Opinion Research
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• v.8 no.2
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• pp.105-125
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• 2020

The purpose of this paper is to analyze 1) who created and distributed fake news, 2) the distribution channels of fake news, 3) who fake news has targeted, and 4) the effects on voting and the impact of fake news on Korean politics. In South Korea, fake news was mainly created by candidates or election campaigns. The reason is that in the wake of the impeachment of President Park Guen Hye, all the political parties in Korea used fake news as a means of mobilizing supporters for each of their candidates or parties to gain an advantage in situations involving political divisions and confrontations between the pro-impeachment, progressive young generation and anti-impeachment, conservative senior generation. Voters' media usage patterns were polarized through social network services (SNS) media and television. Fake news was mostly received through these two media outlets. According to the spreading structure of fake news in Korea, the younger generation generally uses SNS posts intended for unspecified individuals, and the older generation uses closed SNS like KakaoTalk or Naver's BAND. In the end, it is typically characteristic of the older generation to spread fake news through existing offline human networks. In the 2017 presidential election, fake news has been confirmed to have the effect of mobilizing supporters for each political party. In the presidential election, an increase in voter turnout was confirmed among those in their 20s and those in their 60s or older. Evidently, fake news influenced the election of Moon Jae-In. The influence of fake news is expected to grow further as ideological polarization and consequent political polarization continues to intensify in South Korea.

• Korean Journal of Legislative Studies
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• v.23 no.1
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• pp.5-36
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• 2017

This paper aims to clarify the characteristics of 'the regime 87', the product of democratic transition of Korea in 1987, and its historical evolution. Through the clarification, this paper expects to provide a discoursive basis for reforming the regime 87 and advancing democracy in Korea. For this purpose, this paper seeks to find Korea within the context of macro-historical change of the world. And then this paper tries to analyze the reason and the process of the birth of the regime 87 and its historical evolution.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

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