1. As to the prosecutor's grounds of appeal

A. (1) The main text of Article 58(1) of the Public Official Election Act provides that “the term “election campaign” in this Act means an act to be elected or not to be elected or to be elected,” and Article 2 provides that “this Act shall apply to the election of National Assembly members, local council members and heads of local governments.”

In addition, Article 57-2(1) provides that "a political party may recommend candidates for election of public officials," and the main sentence of Article 57-3(1) provides that "a political party shall not conduct a competition campaign by any means other than those falling under any of the following subparagraphs in the intra-party competition where the political party grants voting rights to persons who are not party members and party members," thereby clearly distinguishing the presidential election (hereinafter referred to as "election for public office") and the competition (hereinafter referred to as "party competition") in a political party to elect candidates to participate in the election for public office."

In full view of the contents, structure, legislative intent, etc. of the aforementioned legal provisions, “election campaign” refers to an act for the success or defeat in an election for public office, and the act for the success or defeat in the intra-party competition does not constitute “election campaign”. However, in substance, an act for the success or defeat in an election for public office may be deemed an election campaign only in exceptional cases where it can be deemed that an act for the success or defeat in an election for public office is an act for the success or defeat in an election for public office.

(see, e.g., Supreme Court Decisions 2003Do305, Jul. 8, 2003; 201Do17437, Apr. 13, 2012). Furthermore, the Public Official Election Act.