(2) Acts of the President to the National Election Commission's decision that the President violated the election law (A) Pursuant to the acknowledged facts, President Roh Moo-hyun stated through Lee Byung-wan, the Senior Secretary to the President for Public Information, on March 4, 2004, as the position of Cheong Wa Dae concerning the National Election Commission's decision warning him of his undue intervention into the election that "I would like to make it clear that the decision of the National Election Commission at this time is not convincing," "Now we should change both the institution and the custom under the standard of advanced democracy," "The election-related law of the past when the president mobilized ... the state institutions should now be reformed rationally," and "The interpretation of the election law and the decision concerning the election law should also be adjusted in conformity with such different culture surrounding the state authority and new trend of the time." Although the above stated position of Cheong Wa Dae on March 4, 2004 to the National Election Commission's decision was, internally, a position reached at a meeting of senior presidential secretaries, all of the positions of Cheong Wa Dae that are publicly announced revert, in principle, to the President. Particularly in this case, the acknowledged facts indicate that the Office of the President reported the outcome of the meeting to the President and held the briefing at issue upon the President's approval. Therefore, the above statements made by the Senior Secretary to the President for Public Information should be deemed as acts of the President himself. The purport of the above statements announced by the Senior Secretary to the President for Public Information is that the President expressed unsatisfaction toward the National Election Commission's decision and denigrated the current election law as the 'vestige of the era of the government-power-interfered elections.' (B) The President's acts denigrating the current law as the 'vestige of the era of the government-power-interfered elections' and publicly questioning the constitutionality and the legitimacy of the statute from his status as the President do not conform to the obligation to abide by and protect the Constitution and statutes. Should the President suspect the constitutionality of a bill passed by the National Assembly or suspect that such a bill can be improved, the President should ask for reconsideration by returning such bill to the National Assembly (Article 53(2) of the Constitution), and should the President doubt the constitutionality of a current statute, the President should perform his or her obligation to implement the Constitution by, for example, having the administration review the constitutionality of such statute and - 185 -