Judicial Politics in the Constitutional Court of Korea’s Review of Presidential Impeachment:

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  • ASABA Yuki
    Faculty of International Studies and Regional Development at the University of Niigata Prefecture

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Other Title
  • 韓国憲法裁判所における大統領弾劾審判の比較研究 :
  • 韓国憲法裁判所における大統領弾劾審判の比較研究 : 盧武鉉と朴槿恵
  • カンコク ケンポウ サイバンショ ニ オケル ダイトウリョウ ダンガイ シンパン ノ ヒカク ケンキュウ : ロブゲン ト ボクキンケイ
  • 盧武鉉と朴槿恵
  • A Comparison between Reinstalled Roh Moo-hyun and Removed Park Geun-hye

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<p>This paper analyzes the reasons the Constitutional Court of Korea (CCK) reached different decisions in its review of presidential impeachment between reinstalled Roh Moo-hyun and removed Park Geun-hye. Judicial politics matters in such a difference as CCK is also a political actor in its strategic interactions with the president, the legislature, the Supreme Court, and moreover the people.</p><p>  In the case of Roh Moo-hyun on a vote of 6-3, both the “inter-branch” and “partisan” models fit well. CCK justices appointed by the president were more benign in reviewing presidential impeachment than those selected by the other branches such as the legislature and the Supreme Court Chief Justice. Progressive justices were more hesitant in removing a progressive president than conservative ones. In the unanimous vote of Park Geun-hye’s case, the “sovereignty” model is valid. Irrespective of the differences in who selects and partisanship, the judiciary is ultimately accountable to the people.</p>

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