Holding
The petition for the impeachment adjudication is rejected.
Reasoning
1. Overview of the Case and the Subject Matter of Review
A. Overview of the Case
(1) Resolution of the impeachment and the petition for
impeachment adjudication
The National Assembly of the Republic of Korea proposed the
'motion for the impeachment of the President (Roh Moo-hyun)' presented by Assembly members Yoo Yong-tae and Hong Sa-deok
and 157 others before the second plenary session at the 246th session
(extraordinary) on March 12, 2004, and passed the motion by 193 concurrent votes out of the entire Assembly membership of 271. The
Chair of the National Assembly Legislation and Judiciary Committee,
Kim Ki-chun, acting ex officio as the petitioner, requested an impeachment adjudication against the respondent by submitting the attested
original copy of the impeachment resolution to the Constitutional Court
on the same date pursuant to Article 49(2) of the Constitutional Court
Act.
The full text of the National Assembly's impeachment resolution
against the respondent is attached hereto as Appendix 3.
(2) Summary of the grounds for the impeachment resolution of the National Assembly
(A) Corrupting the national law and order
1) Act of supporting a particular political party
A) The respondent violated Articles 9(1), 60(1), 85(1), 86(1)
and 255(1) of the Public Officials Election and Election Malpractice
Prevention Act (hereinafter referred to as the 'Public Officials Election Act'), in (i) stating, at a joint press conference with six news
media organizations in the Seoul-Incheon region on February 18, 2004
, that "I simply cannot utter what will follow should the quorum to
resist the constitutional revision be destroyed; and (ii) stating, as an
invited guest at a press conference with the Korean Network
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