E. Political chaos and economic collapse caused by
unfaithful performance of official duties and reckless
administration of state affairs
(1) The ground for impeachment in this regard is that the respondent, since his inauguration as President to date, has created extreme
hardship and pain on the entire citizenry by breaking down the
national economy and the state administration, allegedly caused by
the President's unfaithful performance of official duties and reckless
administration of state affairs lacking any sincerity or consistency,
such as the President's repeatedly improper statements, expression of
an anti-war position following the declaration to dispatch military to
Iraq, proposition of an unconstitutional confidence referendum, and
declaration to retire from politics, and unjust acts such as an illegal
electoral campaign pouring all his efforts into the general election
prior to the permitted time period therefor. It is alleged that the
respondent thereby impeded the right to pursue happiness of the public
under Article 10 of the Constitution and violated his 'obligation to
faithfully perform official duties as president' as expressly provided
under Article 69 of the Constitution.
As various statistical indicators relating to the 'economic breakdown' are presented in this case, although it is true that household
debt increased, the unemployment rate among younger generations grew,
and the state debt increased in the past year, it would be irrational
to hold the respondent entirely responsible for such economic aggravation. Also, there is no evidence in this case that would otherwise
support a judgment that the economy of the nation fell to an irrecoverable state or that the administration of state affairs was broken
down.
(2) Article 69 of the Constitution stipulates the 'obligation to
faithfully perform the official duties' as President while it provides for
the oath of office for the President. As stated previously, Article 69 is
not a provision that merely obligates the President to take the oath of
office, but is a provision that reemphasizes and specifies the obligation
mandated by the Constitution in Articles 66(2) and 66(3) for the office
of presidency by expressively setting forth the content of such oath of
office.
Although the 'obligation to faithfully perform the official duties'
of the President is a constitutional obligation, this obligation, by its
own nature, is, unlike the 'obligation to protect the Constitution,'
not the one the performance of which can be normatively enforced.
As such, as a matter of principle, this obligation cannot be a subject
matter for a judicial adjudication. Whether the President has faith-
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