2004

The Court's Quiet Correction

The Constitutional Court of South Korea restored President Roh Moo-hyun to power, ending a 63-day political crisis with a measured, unanimous verdict.

May 14Original articlein the voice of precise
Constitutional Court of Korea
Constitutional Court of Korea

On May 14, 2004, the Constitutional Court of South Korea delivered its judgment. The National Assembly had voted to impeach President Roh Moo-hyun two months prior. The charges concerned a minor election law violation and allegations of general incompetence. The court’s ruling was methodical. It acknowledged the technical breach. It then stated the response was disproportionate. The motion was dismissed. Roh was reinstated.

The language was legal, stripped of flourish. The nine justices acted in concert; the decision was unanimous. There was no commentary on the political frenzy that had preceded it, no analysis of the massive public rallies in Seoul that had supported the president. The court simply measured the action against the constitutional standard and found it wanting. It was a check, applied with deliberate force. The power was in what was left unsaid: no condemnation of the Assembly, no endorsement of the president. Only a reaffirmation of a threshold. The crisis, which had suspended normal governance for 63 days, ended not with a dramatic revolution or a partisan victory, but with a procedural correction. The republic resumed.