[Editorial] Election Commission’s Fair Judgment Defends Democracy

The National Election Commission will hold a general meeting of commissioners tomorrow. The purpose of the occasion is to decide whether President Roh Moo-hyun violated election laws by firing verbal accusations at the Grand National Party and the party’s presidential candidates in his address at the Participatory Government Evaluation Forum. The NEC called the event as a uniquely significant issue. This is the third time that the commission has been forced to judge whether a sitting president has broken the election law, following the last case in the 2004 presidential election. It is easy to imagine how much pressure is being felt.

In response, President Roh expressed strong objections even though he had to go through the unprecedented impeachment turmoil after ignoring the constitutional commission’s warning. He seems determined to go so far as to file a petition with the constitutional court in case the NEC draws a conclusion that is, in his eyes, unacceptably absurd. It is almost as if the president is threatening the NEC before the general meeting has even taken place.

The president said in the state council meeting yesterday, “It is unheard of in the world, a president being gagged and banned from political activities.” This sounds ridiculous. It was he who cursed the GNP and made a mockery of its two presidential hopefuls in the first place. Now he is the one talking about freedom of political intervention.

He pointed to lack of awareness among the public who criticize governmental policies toward North Korea and the transfer of war-time operational control from the U.S. He proposed to the pan-ruling camp a detailed plan to form a united front against the GNP. Who was it that supposedly gagged him and banned him from engaging in politics?

In its seventh article, the Korean Constitution stipulates that public officials are servants to the public in its entirety. Needless to say, the head of state – the president – is the chief of these servants. However, President Roh, in violation of the law, represented a tiny fraction of the public, not the whole public. The public would be perplexed if his remarks were judged to be tolerable.

The NEC should be fair and just. Even a minor violation should be reported to prosecutors.

The president’s enormous power and impunity in office should not be a reason for the commission to turn a blind eye. If it does so, the rule of law or the main pillar of democracy could collapse.