President, as a member or an officer of a political party, may not only be involved with the internal decisionmaking process of the party and perform ordinary party activities, but also may participate in the party convention to express his or her political opinions and express support for the party of his or her membership. However, at the same time, even when the President exercises his or her freedom of expression as a political figure, the President should restrain and limit himself or herself in light of the significance of the office of the presidency and the potential reflections of his or her remarks and acts, and should not make an impression towards the public that the President may no more fairly exercise presidential duties due to his or her political activities outside the presidential duties. Furthermore, since the ultimate noticeability of the President obscures the President's 'exercise of basic rights as a private citizen' and 'activity within the boundary of the presidential duties,' the President, even in the case where the President is exercising the freedom of speech as a private citizen and performing party activities, should do so in a way appropriate to a harmonious implementation of the presidency and the maintenance of the functions thereof, that is, in accordance with the request of Article 7(1) of the Constitution that the President should serve the entire public. Therefore, the President should, in principle, restrain himself or herself from expressing his or her personal opinions towards party politics when exercising duties as the head of the state or the chief executive officer. Furthermore, when the President makes statements concerning elections as the state institution of president and not as a party member or as a mere political figure, the President is bound by the obligation to maintain political neutrality concerning elections. (D) Violation of Article 9 of the Public Officials Election Act Article 9 of the Public Officials Election Act provides that "no public official shall exercise undue influence upon the election or otherwise affect the outcome of the election," thereby setting forth acts to be prohibited in order to realize the obligation of public officials to maintain neutrality concerning elections. Specifically, Article 9 of the Public Official Act provides the 'act affecting the outcome of the election' as the violation of the neutrality obligation, and mentions the 'exercise of undue influence upon the election' as a typical example therefor. Therefore, the question of whether the President violated the neutrality obligation concerning elections depends upon whether the President 'exercised undue influence upon the election,' and should a public servant affect the election by taking advantage of the political weight and influence vested in the official duties in a way not appropriate for the mission to serve and be held responsible for the entire public or residents, such is beyond the boundaries of political activities per- - 174 -