only during a short period designated for such, and even additionally limits the electoral campaigns in various terms such as their subjects and means, defining the term 'electoral campaign' too loosely might mean an even further shrinking of the scope of freedom of political activities given to the public. Then, a statement at a press conference does not, in itself, constitute an electoral campaign and likewise is not, in itself, excluded from the activities constituting an electoral campaign. Rather, more than anything else, whether a 'purposeful intent of a considerable degree to perform an electoral campaign by taking advantage of such opportunities as press conferences can be found' should be determined on a case-by-case basis, considering the totality of the specific aspects of the activity, such as the timing of the statement, its content, venue, and context. Here, the activeness and the premeditatedness of the statement operates as an important standard in perceiving 'purposeful intent.' B) In the instant case, although the statements at issue were made in a close temporal proximity to the approaching general election of April 15, 2004, such statements, in terms of the content and the specific circumstance of the statements, were made in the form of a response to the question posed by the reporters at the press conferences, thus in a passive and unintentional way. Considering this, no element of activeness or premeditatedness towards an electoral campaign is found in the statements of the President. Therefore, such statements lacked any purposeful intent of a considerable degree sufficient to constitute an electoral campaign. 3) Therefore, although the statements of the respondent pleaded to the public for their support of the Uri Party, such statements cannot be deemed as an act of an active and intentional electoral campaign to have specific or discernible candidates win or lose the election. Thus, the respondent's act in relevant part did not violate Article 60(1) of the Public Officials Election Act or its punishment provision of Article 255(1) of the Act. (4) Whether the respondent violated Articles 85(1) or 86(1) of the Public Officials Election Act Article 85(1) of the Public Officials Election Act prohibits public officials from conducting electoral campaigns using their status as such, and deems electoral campaigns by public officials toward other officers of the same public office or the employees and officers of a particular institution or business as an electoral campaign by way of his or her status as a public official. - 179 -

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