However, as discussed above, the statements of the respondent
at issue herein do not constitute electoral campaign activities, and
therefore such statements did not violate Article 85(1) of the Public
Officials Election Act without further reviewing the same.
Article 86(1) of the Public Officials Election Act prohibits various
election-related activities of a public official. First, Subdivision (i)
prohibits an act publicizing the achievements of a specific party or
a candidate towards other officers of the same public office or the
constituents within the election district. The respondent's statements
do not contain any that publicized the achievements of the Uri Party,
thus Subdivision (i) does not apply herein. Next, Subdivisions (ii)
through (vii) are clearly inapplicable to the respondent's statements
in terms of the constituting elements in themselves. Therefore,
there was no violation of Article 86(1) of the Public Officials Election
Act.
B. Other remarks concerning the general election
(1) Remark at the Remember 1219 event on December 19,
2003
Pursuant to the acknowledged facts, the President on December
19, 2003, participated in the event entitled "Remember 1219" hosted
by the reform netizen front such as the Roh-Sa-Mo,4) and stated
that "your revolution is yet to be concluded," "The citizen revolution
is still going on at this very moment," and that "my dear respected
members of Roh-Sa-Mo, and citizens, let's step forward once again."
The above statements were made at an event to celebrate the
one-year anniversary of President Roh's election as the President,
while invited to the event. It was hosted by certain associations that
supported President Roh at the election such as Roh-Sa-Mo. Reviewed
in the whole context, the above statements were to plead for participation in election reform ('fair election where money is not required')
or political reform, or simply to 'generally ask for the support of the
President himself,' and, as such, can hardly be deemed as statements
seeking the support for a particular political party concerning the election
or inciting illegal an electoral campaign by the citizen organizations.
Therefore, the above statements of the President were not beyond
the boundaries of permissible expression of opinions toward politics
and did not constitute a violation of the political neutrality obligation
concerning elections or an electoral campaign activity prior to the
4) See above note 2. (translator's note)
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