6. Impeachment of the President (Roh Moo
-hyun) Case
(16-1 KCCR 609, 2004Hun-Na1, May 14, 2004)
Contents of the Decision
1. The subject matter to be adjudicated by the Constitutional Court
in the impeachment adjudication proceeding.
2. Whether or not the due process principle is directly applicable in
the impeachment proceeding at the National Assembly. (negative)
3. The nature of the impeachment proceeding set forth in Article 65
of the Constitution.
4. The meaning of the grounds for impeachment set forth in Article
65 of the Constitution.
5. The constitutional ground for the obligation of political neutrality
by public officials concerning elections.
6. Whether or not the President is a "public official" within the
meaning of Article 9 of the Act on the Election of Public Officials
and the Prevention of Election Malpractices (hereinafter the "Public
Officials Election Act"). (affirmative)
7. Whether or not the statements of the President expressing support
for a particular political party at press conferences violate the obligation of political neutrality by public officials. (affirmative)
8. Whether or not the statements of the President expressing support
for a particular political party at press conferences are in violation
of the provision that prohibits electoral campaigns by public
officials set forth in Article 60 of the Public Officials Election
Act. (negative)
9. The obligation of the President to abide by and preserve the
Constitution.
10. Whether or not the act taken by the President toward the National
Election Commission's decision finding the President's breach of
the election law violates the constitution. (affirmative)
11. Whether or not the President's act proposing a national referendum on whether he should remain in office violates the Constitution. (affirmative)
12. Whether or not the incidents of corruption involving the President's close acquaintances and associates constitute a violation
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