mitted for a public official at the election, thus constituting an act of exercising undue influence upon the election. Thus, if a public official is acting in the status of a public servant and taking advantage of the influence vested in the public duties, undue influence upon the election is found to be exercised, thus constituting a violation of the neutrality obligation concerning elections. (E) Whether the statements of the President violated the neutrality obligation owed by public officials Whether the statements of the President violated Article 9 of the Public Officials Election Act depends upon the judgment as to 'whether the President affected the election through his statements by taking advantage of the political weight and influence of the public office of presidency in a way that was not appropriate for his status to serve the entire national public' in light of the specific contents of the statements, their timing and frequency, and the specific circumstance thereof. 1) The statements of the President at issue herein should be deemed to have been made in the president's status as a public servant and in implementing the official duties of the President or in relation thereto. The President held the above press conferences not as a private citizen or a mere political figure, but as the President, and the President, in such course, made the statements supporting a particular political party by taking advantage of the political weight and influence vested in his status as the President. Therefore, the statements made by the President at the above press conferences constitute an act 'in the performance of his official duties' within the meaning of Article 65(1) of the Constitution. 2) In the case of the general election to constitute the National Assembly, general parliamentary activities of the individual assemblypersons, the political parties, and the negotiating parties during the four-year term function as an important and meaningful indicator for the voters to form their judgment at the next election. Especially during the period designated for the electoral campaign under the Public Officials Election Act, the political parties, the negotiating parties and the individual candidates are involved in a feverous competition in order to obtain the trust and a vote from the voters in every possible legitimate way, by presenting their policies and political designs and criticizing the policies of the opposing parties or candidates in competition. Here, if the President makes a statement unilaterally supporting a particular political party and influences the process by which the public forms its opinions, the President thereby intervenes and distorts the process of the independent formation of the public's opinions based - 175 -