한국에서 대통령 탄핵제도의 변화와 민주주의의 발전: 대통령 탄핵의 기준을 중심으로

초록

Presidential impeachment is a mechanism designed to protect the Constitution and the democracy of a nation against abuses of executive power. On December 3, 2024, the then President Suk-yeol Yoon declared martial law and deployed military forces against the South Korean National Assembly, undermining the Constitution and precipitating an acute constitutional crisis. On April 4, 2025, the Constitutional Court of Korea ruled to expel President Yoon from office, thereby paving the way from constitutional crisis to constitutional restoration. However, this study argues that this outcome represents only the beginning. This study aims to examine the role of presidential impeachment under the Korean Constitution in preserving constitutional order and advancing democratic development. It does so through a review of impeachment’s historical evolution within the Korean Constitution and a comparative examination of impeachment systems in other advanced democracies. It further examines the juridical principles governing presidential impeachment by analyzing the impeachment cases of three Korean presidents: Moo-hyun Roh, Geun-hye Park, and Suk-yeol Yoon. Finally, this paper analyzes the relationship between the gravity of constitutional and legal violations and the functioning of democracy.

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