NEC: Roh Violated Election Law

The National Election Commission (NEC), which held a plenary session on Thursday, concluded that President Roh Moo-hyun’s recent remarks during the Government Appraisal Forum were in violation of Clause 9 of the Election Law, which requires public servants to maintain political neutrality in elections. In this regard, the election watchdog sent an official letter to President Roh asking him to “abide by the duty to remain neutral in elections and refrain from creating similar controversy by violating the Election Law.”

The electoral commission rejected Cheong Wa Dae`s request for Roh to be allowed to make a verbal or written statement in his defense before the ruling. However, the NEC announced that Roh’s remarks did not violate Clause 60 and 254 of the law which prohibit government officials from involvement in political campaigns.

In addition, the commission also concluded that the pro-Roh group “Champyeong Forum” did not violate Clause 87 of the law which bans private organizations from participating in election campaigning.

“President Roh failed to maintain his political neutrality, as required by the Election Law, by denouncing potential presidential candidates and stating that a certain political party lacks legitimacy and should not lead the nation, during an assembly attended by a large number of people and broadcast by the Internet media ahead of the presidential elections,” the NEC said in a statement.

“Roh remarks were beyond the scope of expressing his views as a president who has the freedom of political activities, because they will have an impact on the elections,” said Yang Geum-seok, spokesman for the election watchdog. “The president has the duty to oversee elections and stay politically neutral in order to ensure fairness to all parties.”

Although Roh was found to have breached Clause 9 of the law which requires civil servants to maintain neutrality in elections, this simply means a warning as the clause does have lay down punishment such as filing a complaint with the prosecution.

President Roh, who called for public support for the Uri Party prior to the 2004 general elections, was warned by the NEC over the same violation. Although it was the first time for an incumbent head of the state to be warned by the commission for breaching the Election Law, it wasn’t to be Roh’s last violation.

Out of the nine NEC committee members, eight of them participated in Thursday’s meeting, except for Im Jae-kyung, who was on an overseas business trip. Although each issue was decided in a vote, the details of the votes were not made public.

"Although the NEC’s ruling seriously restricts the president’s political activities, it takes an ambiguous stance by asking president to observe (the law),” said Cheon Ho-seon, spokesperson of Cheong Wa Dae.

“The nominal decision is deeply regrettable," said Rep. Na Kyung-won, spokesperson for the Grand National Party. “The ruling is ironic since it claims that Roh’s remarks have violated the responsibilities to remain political neutral in elections, but are not considered as electioneering.”

surono@donga.com tesomiom@donga.com