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1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by the plaintiff (the appointed party).
Reasons
The summary of the Plaintiff’s assertion (the appointed party, hereinafter “Plaintiff”)
A. At the time of December 9, 2016, Defendant National Assembly passed a motion for impeachment against President E, submitted a motion for prosecution to Defendant Constitutional Court, and submitted a modified motion for prosecution to Defendant Constitutional Court on two occasions without going through the plenary session resolution procedure.
The decision of the revised indictment is invalid as an illegal opinion because it did not go through the resolution of the plenary session in accordance with Articles 94, 95, and 98 of the National Assembly Act.
B. The Defendant Constitutional Court rendered a decision to dismiss the President E in March 10, 2017 (hereinafter “instant decision”). However, the instant decision is determined by eight Justices below the nine Justices as stipulated in Article 22 of the Constitutional Court Act in the situation where one person becomes vacant.
Since the requirements for the determination of impeachment are satisfied, the determination of this case does not meet the requirements for the determination of impeachment, which is a mandatory provision, and there is a ground for invalidation as a matter of course, since it does not meet the requirements for determination of impeachment.
(c)
Defendant Central Election Management Commission has validity despite the invalidity of the instant decision.
On May 9, 2017, under the presumption that the President E was dismissed, the 19th presidential election of the Republic of Korea was held on May 9, 2017, and as a result, the defendant D was elected as the President.
However, the election of the President on May 9, 2017 was executed on the basis of the decision of this case, which is null and void, and there is no reason to hold an election.
Of the instant lawsuit, the part concerning Defendant Central Election Management Committee regarding the election is not illegal or illegal in relation to the election, and thus, it is not subject to the competent court under the Act on the Election of Public Officials or the limitation of the filing period.
(d)
Defendant D’s President D is null and void as above.