Article 117-2 of the former Public Official Election Act (amended by Act No. 7189, Mar. 12, 2004; hereinafter “former Public Official Election Act”) provides that National Assembly members, local council members, heads of local governments, representatives and candidates (including those who intend to become candidates) per district of a political party, and their spouses may not provide money or goods for congratulations or condolences to persons in the relevant constituency, or institutions, organizations, facilities, or persons outside the relevant constituency, regardless of whether they are related to the election, or persons who are in a relationship with the electorate, even if they are outside the relevant constituency, regardless of whether they are related to the election.

If the act of offering money and goods to the National Assembly members is prohibited, it can be divided into the current public official, persons related to political parties and Gun. The election is not included in the presidential election, but the central party whose organization and scope of activities extends over the country is not included in the representative of the district party, and it is difficult to conclude that the other party is expected to offer money and goods to all the National Assembly members or electors in relation to the restriction on the face of the above subject, regardless of the fact that the former Public Official Election Act prohibits the acts of offering money and goods to the National Assembly members in the name of the National Assembly member or the current election district. The legislative purpose of the former Public Official Election Act prohibiting the acts of offering money and goods to the National Assembly members in the name of the National Assembly member or in the name of the candidate for the National Assembly member, including the one who is prohibited from offering the money and goods to the National Assembly member by the National Assembly member or the one who is prohibited from offering the money and goods to the National Assembly member by the National Assembly member election Commission before the public official becomes a candidate for the National Assembly member.

The court below is just in the case of proportional representation of a National Assembly member, on the premise that the other party who is prohibited from offering the money and goods for congratulationss and congratulatory items as provided in Article 117-2 of the former Public Official Election Act is limited to the electorates in the area where he plans to run as a candidate, or the one who is related to his electorates, not the nationwide elector, and on the premise that there is no evidence to prove that the defendant is the electorates in the Incheon Gyeyang constituency or a person who is related to his electorates in the election for the 17th National Assembly member, and there is no error in the misapprehension of legal principles as alleged in the grounds of appeal by the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Hong-hoon (Presiding Justice)