In a close 5-4 ruling, the court dismissed a suit filed by former National Assembly Speaker Lee Man-sup and other groups, who asked the court to declare Roh's intention to hold the referendum unconstitutional.

“Roh’s statement on a referendum is considered a mere expression of his personal thoughts, so it cannot be seen as an exercise of public power,” the Constitutional Court said.

But the court also added the provision that if there are any legal procedures later, such as an official announcement on the national referendum, it would “constitute an exercise of public power,” meaning it could be a subject for deliberation.

In Thursday’s ruling, four judges stated in their minority opinion that it is unconstitutional for the head of state to ask for a vote of confidence in him through a national plebiscite.

Consequently, the constitutionality of the referendum is to be decided later, when the formal procedures for the national referendum officially start.

In Thursday’s ruling, Constitutional Court president Yoon Young-chol, as well as Hon. Ha Gyung-cheol, Hon. Kim Hyo-jong and Hon. Ju Sun-hoe, said in a majority opinion that, "President Roh's speech was nothing more than a political suggestion, and therefore does not fall under the category of the use of public force, which is subject to deliberations by the Constitutional Court."

Kim Young-il and three other justices, however, said in a minority opinion that because the right to hold a national referendum is vested in the presidency, even though there is no official announcement of an launching a referendum, Roh violated the Constitution.

They added that history has shown that presidents in many countries have misused national votes of confidence as a mandate to bolster their political standing," and that "Our Constitution declares clearly that the national referendum should not be used to undermine democracy." (Park Se-yong, se@chosun.com )