thereby introduce a bill to revise such statute or revising the statute
in a constitutional manner through the support of the National Assembly
(Article 52 of the Constitution). Even if the President suspects the
constitutionality of a statute, questioning the constitutionality of such
statute itself in front of the national public constitutes a violation of
the President's obligation to protect the Constitution. The President,
of course, may express his or her own position and belief regarding
the direction for revising the current statutes as a political figure.
However, it is of great importance that in which circumstances and
in which relations such discussions on possible statutory revisions
take place. The President's statements denigrating the current election
statutes by comparing them to the equivalent foreign legislations as a
response to and in the context of the National Election Commission's
warning for the violation of such election statutes cannot be deemed
as an attitude respecting the law.
The statements as such made by the President, who should serve
as a good example for all public officials, might have significantly
negative influence on the realization of a government by the rule of
law, by gravely affecting the other public officials obligated to respect
and abide by the law and, further, by lowering the public's awareness
to abide by the law. Namely, it cannot be denied that an obscure
attitude or a reserved position of the President toward government
by the rule of law gravely affects the nation as a whole and the constitutional order. When the President himself or herself fails to respect
and abide by the law, no citizen, let alone no other public officials,
can be demanded to abide by the law.
(C) To conclude, the act of the President questioning the legitimacy
and the normative power of the current statute in front of the public
is against the principle of government by the rule of law and is in
violation of the obligation to protect the Constitution.
(3) Act of suggesting a confidence vote in the form of
a national referendum on October 13, 2003
Since the National Assembly's impeachment resolution specifically
mentions the President's 'unconstitutional suggestion to have a confidence referendum' with respect to its third stated ground for impeachment of 'unfaithful performance of official duties and reckless administration of state affairs' and the National Assembly further specified
on this issue in its brief submitted subsequent to the initiation of
the impeachment adjudication, we examine this issue as a subject
matter of this impeachment adjudication.
(A) The President, during 'his speech' at the National Assembly
on October 13, 2003 'concerning the budget for fiscal year of 2004,'
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