대통령의 국민주권주의 위반

다국어 초록 (Multilingual Abstract)

This article deals with the first argument for impeachment of the President Park Geun-hye, whether private person s intervention in state affairs have violated the principles of people s sovereignty and representative democracy and rule of law.
First of all, whether the private person, not public state organ, secretly intervene in state affairs should be verified. According to evidences and public statement by the president, the fact that a private person ‘Choi Soon-Sil’, the President Park s aide, intervened in state affairs extensively and seriously and the President abused her authority assisting Choi in seeking personal gains was proved. Then, the important thing is that the president helped the private person intervening in state affairs, not how much intervened or whether the President gained personal gain or not.
The principle of people s sovereignty requires the chains of legitimacy from the people connect with the excise of state power, thereby all the excises of state power should be democratically legitimized. In Korean Constitution the principle people s sovereignty was achieved by and combined with the principle of representative democracy, so every public officers are entitled to excise state power by the people s delegation. The officers could not delegate his/her power to another person arbitrarily. But, if a private person who does not any public position intervenes in the process of decision-making by the President and furthermore replaces the president s will with one s will, then it means that the state power is re-delegated to a private person and violates the principles of people s sovereignty and representative democracy.
The President should perform one s official duties in accordance with the Constitution and other laws. But it proved that the confidential documents were leaked to Choi and she intervened in public decisions, therefore it violates the principle of rule of law.
Consequently, in the perspective of the aim and benefit of impeachment, and distinct characteristics of impeachment of the President, President Park is accountable for assisting Choi s acts. To protect the Constitution and public trust in presidency, it is inevitable to remove Park from office.