Roh Moo Hyun on Impeachment
TL;DR
Roh Moo Hyun's impeachment, based on a technical election law violation, was ultimately dismissed by the Constitutional Court.
Key Points
He was impeached by the National Assembly on March 12, 2004, following a 193–2 vote, suspending his presidential powers.
The primary charge was a technical violation of election laws concerning presidential neutrality when he supported the Uri Party.
The Constitutional Court dismissed the impeachment on May 14, 2004, ruling the violation was not serious enough for removal, thereby reinstating him.
Summary
Roh Moo Hyun's presidency was interrupted in March 2004 when the National Assembly voted to impeach him, which was the first such event in South Korea's modern democratic history. The core charge against Roh Moo Hyun centered on a technical violation of election laws: he had publicly encouraged support for his newly formed Uri Party ahead of legislative elections, breaching the constitutional mandate for presidential impartiality. Although his executive powers were immediately suspended, the public reaction strongly favored the President, leading to massive street protests against the impeachment and a decisive victory for his Uri Party in the subsequent April 2004 parliamentary elections.
Two months after the initial vote, the Constitutional Court of Korea reviewed the case and unanimously decided to overturn the impeachment on May 14, 2004, reinstating him to office. The Court acknowledged that while a technical violation of the election law regarding neutrality had occurred, it did not constitute a violation of the Constitution or law that was serious or grave enough to warrant his removal from office and the unseating of the president. This decision, which restored his powers, remains a landmark event in comparative constitutional law as it was the first time a legislature-impeached president was reinstated by a judicial body.
Frequently Asked Questions
Roh Moo Hyun was impeached primarily for a technical violation of election laws that mandated presidential impartiality. He was accused of illegally campaigning by openly voicing support for the Uri Party, which his supporters had formed.
No, the Constitutional Court did not uphold the impeachment of Roh Moo Hyun. It ruled unanimously to dismiss the articles of impeachment, thereby restoring his presidential powers after a suspension of two months.
The Court determined that although the President had committed a technical breach of election law, the violation did not rise to the level of a serious or grave offense that justified the permanent removal of the head of state.
Sources8
The Impeachment of Roh Moo-hyun from a" by Youngjae Lee
The Impeachment of Roh Moo-hyun and the Patterns of South ...
The Impeachment of President Roh: What's Next for South ...
Impeachment of South Korean president: legal criteria
South Korea's Presidential Impeachment Decision Is Worth ...
Revisiting Roh Moo-hyun impeachment
Roh Moo-hyun
Constitutional Court Reinstates South Korea's Impeached ...
* This is not an exhaustive list of sources.