ident under Article 66(2) and Article 66(3) of the Constitution.
The 'obligation to abide by and protect the Constitution' of the
President set forth in Articles 66(2) and 69 of the Constitution is
the constitutional manifestation that specifies the constitutional principle
of government by the rule of law in relation to the President's performance of official duties. Expressed only in summary, the fundamental
element of the principle of the rule of law, which is a basic constitutional principle, is that any and all operation of the state shall be by
the 'Constitution' and the 'statutes' enacted by the legislature consisting
of the representatives of the people and that any and all exercise of
the state authority shall be the object of the judicial control in the
form of administrative adjudication for the executive function and
constitutional adjudication for the legislative function. Accordingly,
the legislature is bound by the constitution, and the executive and
the judicial branches of the government implementing and applying
the law, respectively, are bound by the Constitution and the statutes.
Therefore, the President, as the chief of the executive branch, is constitutionally mandated to respect and abide by the constitution and the
statutes.
While the 'obligation to abide by and protect the Constitution'
is a norm derived from the principle of government by the rule of
law, the Constitution repeatedly emphasizes such obligation of the
President in Articles 66(2) and 69, considering the significance of
the status of the President as the head of the state and the chief of
the executive branch. Under the spirit of the Constitution as such,
the President is the 'symbolic existence personifying the rule of law
and the observance of law' toward the entire public. Accordingly,
the President should not only make every possible effort to protect
and realize the Constitution, but also abide by the law and perform
no act in violation of any of the valid law. Furthermore, the President
should do all acts in order to implement the objective will of the
legislator. The obligation of the executive branch of the government to
respect and implement the law is equally applicable to the statutes that
the executive branch deems unconstitutional. Since the Constitutional
Court alone is vested with the authority under the Constitution to remove
a statute that is unconstitutional, even if the executive branch suspects
a particular statute to be unconstitutional, the executive branch should
make every possible effort to respect and implement the law unless and
until the Constitutional Court holds such statute unconstitutional.
- 184 -