1. As to the Defendant’s ground of appeal

A. As to the assertion of unconstitutionality under Article 230(1)4 of the Public Official Election Act, the principle of clarity, which is the derived principle of the principle of no punishment without the law, means that the act intended to punish a law, punishment therefor, and the elements of a crime should be clearly defined so that anyone can expect that the act is in conflict with the principle of no punishment without the law. The issue of the violation must be determined based on whether the contents of the law give sufficient predictability to the criminal, whether there is a arbitrary interpretation or application of the law by the institution interpreting and executing the law in question, and whether there is reasonable exclusion of the room

However, the concept requiring supplementary interpretation is used within a somewhat broad and certain range of punishment regulations.

Even if there is no possibility of excessive interpretation at the application stage, it does not necessarily conflict with the demand of clarity required by the Constitution.

Articles 230(1)4 and 135(3) of the Public Official Election Act provide that “a person who offers, expresses an intention to offer, or promises to offer money, goods, or other benefits in connection with the election campaign except for the case of offering actual expenses and other benefits according to the provisions of the Public Official Election Act” shall be punished.

In addition, Article 135 (1) and (2) of the Public Official Election Act provides that allowances and actual expenses may be paid to election campaign managers, etc., and the kinds and amounts of such allowances and actual expenses shall be determined by the National Election Commission, and accordingly, Article 59 of the Public Official Election Act provides for the types and amounts of allowances and actual expenses of election campaign managers, etc. under Article 135 (2) of the

As such, Article 230(1)4 of the Public Official Election Act is Article 135 of the Public Official Election Act.