By Byun Duk-kun
Staff Reporter

The Constitutional Court of Korea on Friday vowed to make a speedy and thorough review of the National Assembly’s request to impeach President Roh Moo-hyun.

``We will proceed the trial according to the set legal procedures,’’ Yun Young-chul, president of the Constitutional Court said in a press conference shortly after the National Assembly’s passage of the impeachment bill.

``As this is a national matter, (the court) will handle (the case) quickly and accurately,’’ he added.

According to Article 65 of the nation’s Constitution, which deals with the impeachment of a public official including the head of state, the person, against whom an impeachment motion has been passed by the National Assembly, is suspended from his/her office upon the delivery of an arraignment from the Constitutional Court.

The chairman of the legislature and judiciary committee of the National Assembly, Rep. Kim Ki-choon of the main opposition Grand National party, will become the chief prosecutor in the nation’s first case to oust an incumbent head of state, according to the Constitution. The impeachment prosecutor will be replaced by the next chairperson of the legislature and judiciary committee, to be appointed after the April 15 general elections.

The Constitutional Court has officially begun its review of the case as the impeachment prosecutor filed the impeachment motion with the court.

The court has 180 days before it has to make a decision. However, it was reported that the court would make a ruling before or shortly after the general elections on April 15.

Still, legal experts say the process may take more than six months, because the 180-day requirement is only a provisional regulation, and also because this is the country’s first impeachment motion filed against the president. In addition, they said it will be hard for the court to find any legal precedents, because impeachment of a president is rare even in other countries.

President Roh may also face a summons by the Constitutional Court during its review of his impeachment.

Both the court and the impeachment prosecution may question Roh in writing.

However, the Constitution also requires an oral presentation of both the prosecution and the defendant in person, which means the National Assembly members who filed the motion and President Roh will both have to present themselves before the court at least once.

Even if the Constitutional Court finds President Roh guilty of the accusations by National Assembly members, such as violations of the election law and the political fund law, and upholds the impeachment request, the decision will not carry any consequences of a criminal trial. The president will simply be removed from his office.

Still, this does not prevent the prosecution from seeking a separate criminal or civil suit against the accused, according to Article 65 of the Constitution.

Two thirds, or more than six out of nine Constitutional Court justices, are required to approve the impeachment of president.

If the Constitutional Court upholds the impeachment motion, the president will immediately be removed from his office, and a presidential election will be held within 60 days from the court decision.

President Roh will automatically be returned to his office if the court fails to pass the motion with at least six out of nine justice votes, according to Article 49 of the Constitution.

benjamine@koreatimes.co.kr