Impeachment of the President (Roh Moo-Hyun)

Case 16-1 KCCR 609 (2004)

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Impeachment of the President (Roh Moo-Hyun)

Republic of Korea Constitutional Court
Case 16-1 KCCR 609 (2004)

KS

Facts

In 2004, the Korean National Assembly (the national assembly) (plaintiff) began impeachment proceedings against President Roh Moo-Hyun (defendant). Central to the impeachment petition were charges that Roh had made statements that violated the Republic of Korea’s constitution. The national assembly argued Roh made multiple statements that violated his constitutional obligations, including when (1) Roh said he would do anything legal to support the Uri political party, (2) Roh articulated doubts as to the decisions of the National Election Commission, and (3) Roh suggested a national referendum for a confidence vote, even though Roh did not actually initiate a confidence-vote referendum. Subsequently, the Republic of Korea Constitutional Court reviewed the impeachment petition.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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