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.
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