impeachmentofthepresident(rohmoo-hyun)case.doc

Impeachment of the President (Roh Moo-hyun) Case (16-1 KCCR 609, 2004Hun-Na1, May 14, 2004) Contents of the Decision 1. The subject matter to be adjudicated by the Constitutional Court in the impeachment adjudication proceeding. 2. Whether or not the due process principle is directly applicable in the impeachment proceeding at the National Assembly. (negative) 3. The nature of the impeachment proceeding set forth in Article 65 of the Constitution. 4. The meaning of the grounds for impeachment set forth in Article 65 of the Constitution. 5. The constitutional ground for the obligation of political neutrality by public officials concerning elections. 6. Whether or not the President is a public official within the meaning of Article 9 of the Act on the Election of Public Officials and the Prevention of Election Malpractices (hereinafter the Public Officials Election Act). (affirmative) 7. Whether or not the statements of the President expressing support for a particular political party at press conferences violate the obli- gation of political neutrality by public officials. (affirmative) 8. Whether or not the statements of the President expressing support for a particular political party at press conferences are in violation of the provision that prohibits electoral campaigns by public officials set forth in Article 60 of the Public Officials Election Act. (negative) 9. The obligation of the President to abide by and preserve the Constitution. 10. Whether or not the act taken by the President toward the National Election Commissions decision finding the Presidents breach of the election law violates the constitution. (affirmative) 11. Whether or not the Presidents act proposing a national referen- dum on whether he should remain in office violates the Consti- tution. (affirmative) 12. Whether or not the incidents of corruption involving the Presi- dents close acquaintances and associates constitute a violation of law by the President. (negative