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(영문) 대법원 2013.05.09 2012도12172
공직선거법위반
Text

The judgment below

The part concerning Defendant F is reversed, and this part of the case is remanded to the Gwangju High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Of the prosecutor’s grounds of appeal against the Defendants, the assertion of misapprehension of legal principles as to the scope of “election” under the Public Official Election Act relating to the establishment and use of each similar agency and establishment of private organization of Defendant F CDBA, the election campaign by the person who is unable to wage out of Defendant FCA, the participation by Defendant FCA in each election campaign planning, Defendant FC’s prior election campaign, Defendant B’s provision of money and valuables related to each election campaign, Defendant CDB’s provision of money and valuables related to each election campaign, Defendant CDB’s instruction on each election campaign, Defendant A’s provision of money and valuables related to each election campaign

A. The main sentence of Article 58(1) of the Public Official Election Act (hereinafter referred to as the "Act") provides that "election campaign" in the main sentence of Article 58(1) refers to an act to be elected or to be made or not to be elected" and Article 2 provides that "this Act shall apply to the election of National Assembly members, National Assembly members, local council members, and heads of local governments (hereinafter referred to as "election for public office")." In addition, the main sentence of Article 57-2(1) provides that "a political party may conduct a competition campaign (hereinafter referred to as "party-party competition") to recommend candidates for election for public office" and the main sentence of Article 57-3(1) provides that "no party may conduct a competition campaign by any means other than the following methods in the intra-party competition in which a political party grants voting rights to persons who are not party members and party members."

In full view of the contents, structure, legislative intent, etc. of the aforementioned relevant provisions, the term “election campaign” means an act for the election or defeat in an election for public office, and to elect a candidate recommended by a political party to participate in an election for public office.

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