and it is difficult to discern such element, such element may be found to a certain extent of objectivity through other 'subjective elements that can be objectified' in relative terms of the 'activeness' of the deed or the 'premeditatedness' thereof. (B) Whether the statements electoral campaign of the President constituted 1) Article 58(1) of the Public Officials Election Act makes it a prerequisite for the electoral campaign 'whether or not a candidate can be specified,' by adopting the standard of 'being elected' in defining the concept of 'electoral campaign.' Therefore, the concept of electoral campaign is premised upon that it should be an activity to have win or lose a 'specific' or at least 'discernible' candidate. Although a statement supporting a specific political party may satisfy the definition of electoral campaign since an activity intended to obtain votes for a specific political party inevitably means an activity intended to have the candidate nominated by that party in a certain district, even in such circumstances, a candidate intended to have win through such statement must be discernible. When the statements at issue in this case were made on February 18, 2004 and February 24, 2004, the party-endorsed candidates had not yet been determined. Therefore, the statement supporting a particular political party when the party-endorsed candidates were not specified did not constitute an electoral campaign. 2) Also, whereas an activity requires a 'purposeful intent' to have a certain candidate win or lose an election in order for such activity to constitute an electoral campaign, there was no such purposeful intent in the statements at issue in the instant case. A) In order for an election to properly represent the political will of the public, the voters should be able to make their decisions in a free and open process to form their own opinions. At the same time, the voters may make truly free decisions as voters only when they are aware of which candidates advocate and intend to implement the policies they support and are correctly informed of the candidates and the policy directions among which they can choose. Therefore, in terms of the public's right to know, it is required, as the election approaches, to provide certain information that may form the basis of the voters' decision or the information as to the parties and the candidates, through various means such as press conferences. Therefore, strictly including all of the statements at a press conference in the definition of the electoral campaign would excessively limit the freedom of expression of a political figure. Especially, when the current Public Officials Election Act permits electoral campaigns - 178 -

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