the public, the voters should be able to form and decide their own opinions through a free and open process without undue extraneous influence. Therefore, the principle of free election is part of the fundamental principles of election as a basic premise to provide legitimacy for the state institutions constituted by and through an election. The principle of free election not only means that the voters should be able to vote without forceful or undue influence from the state or the society, but also that the voters should be able to make their own judgment and decisions in a free and open process to form their own opinions. The principle of free election, in turn, in the context of state institutions, means the 'obligation of public officials to maintain neutrality,' that is, the prohibition against the state institutions from supporting or opposing any particular political party or candidate by identifying themselves with such particular political party or candidate. (C) The obligation of public officials to maintain neutrality concerning elections is mandated by the Constitution also from the standpoint of equal opportunity among the political parties. The principle of equal opportunity among the political parties is a constitutional principle derived from the interrelationship of Article 8(1) of the Constitution that guarantees the freedom to form a political party and the multi-party system and Article 11 of the Constitution that sets forth the principle of equality. Particularly, Article 116(1) of the Constitution provides that "an equal opportunity should be guaranteed ... in the electoral campaign," thereby specifying the 'principle of equal opportunity among the political parties' concerning the political campaign. The principle of equal opportunity among the political parties requires state institutions to act neutrally in the competition among political parties at the elections, thus prohibiting the state institutions from either favoring or prejudicing any particular political party or candidate in the electoral campaign. (2) Whether the respondent violated Article 9 of the Public Officials Election Act (neutrality obligation of a public official) Article 9 of the Public Officials Election Act provides that "no public official or no one obligated to maintain political neutrality should act in a way unduly influencing the election or otherwise affecting the outcome of the election," and thereby provides for the 'obligation of public officials to maintain neutrality concerning elections.' (A) Whether the President is a 'public official' within the meaning of Article 9 of the Public Officials Election Act The issue here is whether the officials at certain political offices - 170 -