Previous 11 / 62 Next

Reporters Club on February 24, that "the public will make it clear whether I will be backed to do it well for the four years to come or I cannot stand it and will be forced to step down," "I expect that the public will overwhelmingly support the Uri Party at the general election," and "I would like to do anything that is legal if it may lead to votes for the Uri Party." B) The respondent violated Articles 9(1), 59, and 87 of the Public Officials Election Act and Article 69 of the Constitution, in (i) stating, on December 19, 2003, when he participated in an event entitled "Remember 1219" hosted by the so-called "Roh-Sa-Mo,"2) that "The citizens revolution is still going on. Let's step forward once again"; and (ii) stating, at a meeting with the journalists in the Gangwon-Do region on February 5, 2004, that "the 'Citizen Participation 0415(KookCham 0415)' members' participation in politics should be permitted and encouraged legally and politically." C) Pursuant to the report in Joong-Ang Ilbo on February 27, 2004, the document entitled 'the strategic planning of the Uri Party for the 17th General Election' states that it is necessary to 'establish the control tower where the party, the administration, and Cheong Wa Dae (the Office of the President) together participate' in order to invite the candidates for the general election, and lists 'the partyCheong Wa Dae-the administration' in the order of importance in the administration of the state affairs for the general election. This confirms the organizational intervention into the election by Cheong Wa Dae, and the command of the strategy of a particular political party for the general election by the respondent was in violation of Articles 9(1) and 86(1)(ii) of the Public Officials Election Act. D) The respondent violated Article 9(1) of the Public Officials Election Act and Articles 8(3) and 11(1) of the Constitution, in (i) stating, at a beginning-of-the-year press conference on January 14, 2004, that "there was a split because there were those who supported reform and those who did not support reform fearing it, and I would like to go together with the Uri Party as those who supported me at the presidential election are running the Uri Party"; and (ii) stating, at a gathering with the close associates on December 24, 2003, that "if you vote for the New Millennium Democratic Party, you are helping the Grand National Party." E) The respondent violated Article 237(1)(iii) of the Public Officials Election Act and Articles 10, 19 and 24 of the Constitution, in inducing the support for a particular political party by threatening the public and in repeatedly making remarks affecting the public's mind concerning the general election. 2) An activist group of President Roh Moo-hyun supporters (translator's note). - 151 -

Select target paragraph3

● ● ●

Impeachment of Roh Moo-hyun

Judgment

Question Presented: Whether the violations of the electoral code and the Constitution are sufficient to remove the President from office.

Alleged Acts: The National Assembly presented a resolution to the Constitutional Court impeaching the President on the following grounds: (1) supporting a particular political party; (2) acting in contempt of constitutional institutions; (3) receiving illegal campaign funds; (4) corruption; and (5) public remarks as to the retirement from politics. First, the President allegedly made several supporting statements in favor of the Uri Party. Second, failing to express neutrality regarding the National Election Commission's decision. Third, the President allegedly received 100 million Won from the Sun & Moon Group and members of the election camp received 900 million, 700 million, and 1 billion Won which was forwarded to the election camp. Fourth, the President made remarks concerning the amount of illegal funds exceeding that of the Grand National Party would result in their retirement. That amount exceed the amount and the respondent did not act accordingly.

Procedural history: The Assembly passed a resolution alleging that the aforementioned actions violated the Constitution and were grounds for impeachment. The resolution suspended the President's duties.

Summary: The court found that the violation of the law was primarily failure to maintain neutrality. The court further found that other violations failed to surmount to to affirmative violations of the law. An actionable removal of the President requires a balancing test between the gravity of the violation and the impact of removal. For the presidency to removed the gravity of the violation must "overwhelming outweigh" the decision to remove. The President's methodology for ascertaining the political office must constitute a threat to the democratic functioning of the nation.

Conclusion: The violations are not sufficient to remove the siting President from office.

Legal Issue(s)

Campaign Finance
Disputing Results
Electoral Integrity

Applicable Law(s): Daehanminikik Hunbeob [Hunbeob][Constitution] art 65 (S. Kor.).

Region: Asia-Pacific

Country: South Korea

Language of Decision

English

Court: Constitutional Court

Election Type: Presidential

Date of decision: May 14, 2004

Geolocation

Latitude: 37.6937359

Longitude: 126.878427

: Geolocation

Primary Documents

e2004n1_1.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Impeachment of Roh Moo-hyun

Primary Documents

Notifications