fully performed his official duties may become the object of the judgment
by the public at the next regularly held election. However, under the
current Constitution that limits the presidential term to a single term,
there is no means to hold the President directly responsible, even
politically, let alone legally, toward the public and the President's
faithfulness or unfaithfulness in performing his or her official duties
may only be politically reflected favorably or unfavorably on the ruling
party of which the President is a member.
As Article 65(1) of the Constitution limits the ground for impeachment to the 'violation of the Constitution or statutes' and the impeachment adjudication process at the Constitutional Court is solely to
determine the existence or the nonexistence of aground for impeachment from a legal standpoint, the ground for impeachment alleged
by the petitioner in this case concerning the respondent's faithfulness
of the performance of the official duties such as the political incapability
or the mistake in policy decisions, cannot in and by itself constitute
a ground for impeachment and therefore it is not a subject matter
for an impeachment adjudication.
F. Sub-conclusion
(1) The President's statements at the press conference with six
news media organizations in the Seoul-Incheon region on February
18, 2004 and the statements at the press conference with the Korean
Network Reporters' Club on February 24, 2004 were in violation of
the neutrality obligation owed by public officials provided in Article
9 of the Public Officials Election Act.
(2) The act of the President in response to the National Election
Commission's March 4, 2004 decision that found a breach of election
law by the President was in violation of the President's obligation
to protect the Constitution as not in conformity with the principle of
the rule of law. The act of the President on October 13, 2003 that
proposed a confidence referendum violated the obligation to protect the
Constitution as not in conformity with Article 72 of the Constitution.
6. Whether to remove the respondent from office
A. Interpretation of Article 53(1) of the Constitutional
Court Act
Article 65(4) of the Constitution provides that the "effect of the
decision of impeachment is limited to the removal of the public official
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