years to come or I cannot stand it and will be forced to step down."
On the other hand, no arbitrary amendment to the impeachment
resolution by the impeaching party in order to add new facts not
stated in the original resolution is permitted in the impeachment
adjudication proceeding. The statement of the President made on
March 11, 2004 that 'connected the general election to the matter of
confidence of the President' is a fact not included in the original
impeachment resolution of the National Assembly and merely stated
in the impeaching party's brief submitted to the Court as an additional ground for impeachment subsequent to the National Assembly's
resolution of impeachment and, as such, the Court does not examine
such additionally stated ground.
(1) Obligation of a public official to maintain political
neutrality concerning elections
The political neutrality obligation concerning elections owed by
public officials is a constitutional request drawn from the status of
public officials set forth in Section 1, Article 7, of the Constitution;
the principle of free election set forth in Section 1, Article 41, and
Section 1, Article 67, of the Constitution; and the equal opportunity
among the political parties guaranteed by Section 1, Article 116 of
the Constitution.
(A) Article 7(1) of the Constitution provides that "all public officials shall be servants of the entire people and shall be responsible to
the people," thereby setting forth that the public officials shall perform
their official duties for the welfare of the public as a whole and should
not serve the interest of a particular political party or organization.
The status and the responsibility of the state institutions as the
servant for the entire citizenry is, in the area of election, realized in
concrete terms as the 'obligation of the state institutions to maintain
neutrality concerning elections.' The state institutions should serve
the entire population, therefore, should act neutrally in the competition
among the political parties or political factions. Thus, Article 7(1)
of the Constitution mandates that no state institution should exercise
influence in the free competition among political factions by identifying itself with a particular political party or a candidate or taking sides
with a particular political party or a candidate in electoral campaigns
by use of the influence and authority vested in the office.
(B) Articles 41(1) and 67(1) of the Constitution provide for the
principles applicable to the general election for members of the National Assembly and the presidential election, respectively. Although
such provisions do not expressly mention the principle of free election,
in order for any election to properly represent the political will of
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