positions as provided in the Organic Act on Anti-Corruption, judge of the Constitutional Court, person holding a position in an Independent Organ or the Auditor-General is involved in the circumstances under section 234 (1), the National Anti-Corruption Commission shall inquire into facts; if a resolution that such person has been involved in the circumstances or has committed the offence as submitted by the inquiry is passed by votes of not less than onehalf of the total number of the existing Commissioners that there are grounds in the accusation, the following proceedings shall be taken:
- (1) in the case of serious contravention or non-compliance with the ethical standards, the matter shall be submitted to the Supreme Court for decision, and the provisions of section 226 paragraph seven shall apply mutatis mutandis to the trial and adjudication of the Supreme Court;
- (2) in the case other than (1), the inquiry file shall be sent to the Attorney-General for instituting prosecution in the Supreme Court’s Criminal Division for Persons Holding Political Positions or to proceed otherwise in accordance with the Organic Act on Anti-Corruption.
In the conduct of an inquiry and passing of a resolution under paragraph one, the National Anti-Corruption Commission shall complete the proceedings within the period of time prescribed by the Organic Act on Anti-Corruption.
When the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding Political Positions has accepted the case, the accused shall cease performing duties until a judgment is rendered, unless the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding Political Positions has ordered otherwise. In the case where the Supreme Court or the Supreme Court’s Criminal Division for Persons Holding the Political Positions has rendered a judgment deciding that the accused is involved in the circumstances or has committed the offence as accused, as the case may be, the convicted person shall vacate office from the date the person ceases performing duties, and the Court shall revoke the right to apply for candidacy in an election of such person and may or may not revoke his or her right to vote for a period of not more than ten years.
Any person whose right to apply for candidacy in an election has been revoked in any case shall permanently have no right to apply for candidacy in an election or selection of Members of the House of Representatives, Senators, members of a local assembly or a local administrator, and shall have no right to hold any political position.
In the case where the Supreme Court’s Criminal Division for Persons Holding Political Positions has rendered a judgment convicting the person of an offence of unusual wealth or corruption, it shall forfeit assets of such person which are acquired from a commission of the offence, including all assets and any other benefits acquired in place of those assets, to be vested in the State.
