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plan to reorganize the cabinet and Cheong Wa Dae within this year and to carry out reform to state affairs." (B) Power-engendered corruption 1) Act of receiving illegal political funds concerning the Sun & Moon Group A) In June 2002, the respondent had Ahn Hee-jung request the National Tax Service to reduce the taxes for the Sun & Moon Group (CEO, Moon Byung-wook), whereby the taxes for the Sun & Moon Group was reduced to 2.3 billion Korean Won from 17.1 billion Korean Won. This was in violation of Article 129(2) of the Criminal Code and Article 3 of the Enhanced Punishments for the Specified Crimes Act. B) The respondent had a breakfast meeting with Moon Byung-wook on November9, 2002 at Riz Carlton in Seoul, for which Lee Gwang-jae acted as an agent. Immediately after the respondent left the breakfast meeting, Lee Gwang-jae received 100 million Korean Won from Moon Byung-wook. This was in violation of Article 30 of the Political Fund Act (hereinafter referred to as the 'Fund Act') and Article 32 of the Criminal Code. C) The respondent violated Article 129 of the Criminal Code, Article 61 of the State Public Officials Act, and Article 30 of the Fund Act, in receiving two packages of money (presumed to be approximately 100 million Korean Won) from Moon Byung-wook at Kimhae Tourists Hotel on July 7, 2002 and forwarding it to his accompanying secretary Yeo Taek-soo. 2) Receiving illegal political fund concerning the presidential election camp In Roh Moo-hyun's presidential election camp, Chung Dae-chul, the chief of the Joint Election Strategy Committee, received 900 million Korean Won, Lee Sang-soo, the General Affairs Director, received 700 million Korean Won, and Lee Jae-jung, the Campaign Headquarter Director, received 1 billion Korean Won, of illegal political fund, all of which was forwarded to Roh Moo-hyun's presidential election camp. The respondent's involvement in the above transactions was in violation of Article 30 of the Fund Act. 3) Involvement in the corruption of close associates A) Corruption concerning Choi Do-sul Choi Do-sul (i) embezzled 250 million Korean Won and delivered the funds to Sun Bong-sul, the CEO of the Jang-Soo-Cheon company, in May 2002, which were the remaining funds in the account belonging to the New Millennium Democratic Party Election Committee Busan - 153 -

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Impeachment of Roh Moo-hyun

Judgment

Question Presented: Whether the violations of the electoral code and the Constitution are sufficient to remove the President from office.

Alleged Acts: The National Assembly presented a resolution to the Constitutional Court impeaching the President on the following grounds: (1) supporting a particular political party; (2) acting in contempt of constitutional institutions; (3) receiving illegal campaign funds; (4) corruption; and (5) public remarks as to the retirement from politics. First, the President allegedly made several supporting statements in favor of the Uri Party. Second, failing to express neutrality regarding the National Election Commission's decision. Third, the President allegedly received 100 million Won from the Sun & Moon Group and members of the election camp received 900 million, 700 million, and 1 billion Won which was forwarded to the election camp. Fourth, the President made remarks concerning the amount of illegal funds exceeding that of the Grand National Party would result in their retirement. That amount exceed the amount and the respondent did not act accordingly.

Procedural history: The Assembly passed a resolution alleging that the aforementioned actions violated the Constitution and were grounds for impeachment. The resolution suspended the President's duties.

Summary: The court found that the violation of the law was primarily failure to maintain neutrality. The court further found that other violations failed to surmount to to affirmative violations of the law. An actionable removal of the President requires a balancing test between the gravity of the violation and the impact of removal. For the presidency to removed the gravity of the violation must "overwhelming outweigh" the decision to remove. The President's methodology for ascertaining the political office must constitute a threat to the democratic functioning of the nation.

Conclusion: The violations are not sufficient to remove the siting President from office.

Legal Issue(s)

Campaign Finance
Disputing Results
Electoral Integrity

Applicable Law(s): Daehanminikik Hunbeob [Hunbeob][Constitution] art 65 (S. Kor.).

Region: Asia-Pacific

Country: South Korea

Language of Decision

English

Court: Constitutional Court

Election Type: Presidential

Date of decision: May 14, 2004

Geolocation

Latitude: 37.6937359

Longitude: 126.878427

: Geolocation

Primary Documents

e2004n1_1.pdf
English
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Election Judgments - IFES

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Impeachment of Roh Moo-hyun

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