for the President, that Ahn Hee-jung received 1 billion Korean Won
of illegal fund from March through August of 2003, and the allegations of Yeo Taek-su and Yang Gil-seung.
However, none of the evidence submitted throughout the proceedings in this case supports the allegation that the respondent directed
or abetted the above Choi Do-sul and others in receiving the illegal
funds or was otherwise illegally involved therein. Therefore, the alleged
grounds for impeachment premised on the above are meritless.
The rest of the alleged grounds for impeachment are based on
facts that occurred prior to the respondent's inauguration as President
and are thus clearly irrelevant to the respondent's performance of official duties as President. Therefore, such alleged grounds are invalid
without further reviewing the facts as to whether the respondent was
involved in the alleged reception of illegal funds.
(4) Publicly declaring retirement from politics
Pursuant to the acknowledged fact, the respondent publicly declared,
at the party representative meeting at Cheong Wa Dae on December 14,
2003, that the respondent would retire from politics should the amount
of illegal political funds received by his election camp exceed one-tenth
of that received by the Grand National Party at the time of the presidential election.
However, such statement was made risking his political trustworthiness facing a political situation and, as such, can hardly be deemed
as a statement creating any legal obligation or responsibility. The question of whether to keep such promise is merely a matter for political
and moral judgment and responsibility on the part of the President
as a politician and cannot constitute an act of violating the Constitution or statutes in the President's performance of his official duties.
(5) Remark relating to the investigation by the prosecutors'
office
The alleged ground for impeachment contending that the respondent
interfered with and obstructed the investigation by the prosecutors'
office by, for example, making a statement at the year-end luncheon
at Cheong Wa Dae on December 30, 2003 that "I would have been
able to twice grind up the prosecution had I meant to kill the prosecution, but I did not." However, this allegation was not included in
the National Assembly's original impeachment resolution and is thus
deemed to have been added subsequently, therefore it cannot be a
subject matter in this impeachment adjudication.
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