expressed his support for a particular political party in the course
of performing the President's official duties and further directly
appealed to the public for the support of that particular political party.
Therefore, the president's statements toward the entire public
at press conferences in support of a particular political party made by
taking advantage of the political significance and influence of the
office of the President, when political neutrality of public officials is
required more than ever before as general elections approach, were in
violation of the neutrality obligation concerning elections as acts unjustly influencing the elections and thereby affecting the outcome of
the elections by taking advantage of the status of the President.
8. 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 defining the concept of 'electoral campaign'
adopting the standard of 'being elected.' 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 statements in support of a particular political party
when the party-endorsed candidates were not yet specified did not
constitute an electoral campaign.
Furthermore, considering that the president's statements at issue
herein were neither actively made nor premeditated as such statements
were made in the form of the President's response to questions posed
by the reporters at press conferences, neither was there an active or
premeditated element to be found in the President's statements, nor,
as a result, a purposeful intention sufficient to find the nature of a
political campaign.
Therefore, the respondent's statements cannot
be deemed as active and intended electoral campaign activities committed with an intention to have a particular candidate or certain
identifiable candidates win or lose the election.
9. The 'obligation to abide by and protect the Constitution' of the
President set forth in Articles 66(2) and 69 of the Constitution is the
constitutional manifestation that specifies the constitutional principle
of government by the rule of law in relation to the President's
performance of official duties. While the 'obligation to abide by and
protect the Constitution' is a norm derived from the principle of government by the rule of law, the Constitution repeatedly emphasizes
such obligation of the President in Articles 66(2) and 69, considering
the significance of the status of the President as the head of the
state and the chief of the executive branch. Under the spirit of the
Constitution as such, the President is the 'symbolic existence personifying the rule of law and the observance of law' toward the entire
public.
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