party member. Therefore, the President generally maintains party
membership after being elected as the President and also retains an
affiliation with such particular political party. Current law also provides that the President may maintain party membership (Article 6(1)
of the Political Party Act) and thus permits party activities, unlike in
the case of other career public officials who are not allowed to be a
member of a political party.
However, the President is not an institution that implements the
policies of the ruling party, but instead, the President is the constitutional institution that is obligated to serve and realize the public interest as the head of the executive branch. The President is not
the President merely for part of the population or a certain particular
political faction that supported him or her at the past election, but
he or she is the President of the entire community organized as the
state and is the President for the entire constituents. The President
is obligated to unify the social community by serving the entire population beyond that segment of the population supporting him or her.
The status of the President as the servant of the entire public is
specified, in the context of election, as the status of ultimately overseeing a fair election, and the Public Officials Election Act therefore
prohibits a political campaign by the President (Article 60(1)(iv) of
the Public Officials Election Act).
Therefore, neither the fact that the President is a public official
of a political nature who is elected through nomination and support
by a political party nor the fact that certain political and party activities of the President are permitted can serve as a valid ground for
denying the obligation owed by the President to maintain political
neutrality concerning elections.
(C) The President's 'obligation of political neutrality' concerning
elections and 'freedom to express political opinions'
Every person in public office is obligated to maintain political
neutrality concerning elections; on the other hand, at the same time
such person is a citizen of the state and is subject of basic rights
who may assert his or her own basic rights against the state. Likewise, in the case of the presidency, the status of the President as a
private citizen who may perform party activities for the party of his
of her membership and the status of the President as a constitutional
institution bearing the obligation to serve the entire population and
the public welfare should be distinguished as two distinct concepts.
The mandate that the President should maintain political neutrality
concerning elections does not require no political activities or indifference to party politics on the part of the President. Unlike other
public officials who are prevented from any party activities, the
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