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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the Defendant’s ground of appeal
A. Article 61(1) and (2) of the Public Official Election Act strictly limits the subject of the establishment of an election campaign office and election campaign liaison office, which are election campaign organizations, to political parties or candidates, and strictly regulates the number and place of establishment, etc., and Article 89(1) of the same Act prohibits anyone, other than the election campaign office and election campaign liaison office established under the above provisions, from establishing or establishing a similar institution on behalf of a candidate or a person who intends to be a candidate
The purpose of this is to maintain fairness in election campaign organizations between candidates, and to prevent excessive competition and waste due to the difficult establishment of various forms of election campaign organizations.
Therefore, the issue of whether an institution, organization, or facility violates the above prohibition provision shall be determined by whether it is established for election campaign purposes, and whether it constitutes an activity or function similar to a legitimate election campaign office or election campaign liaison office.
In addition, the term "election campaign" refers to an act that may directly or indirectly affect a specific candidate in order to make him/her elected or not elected. Thus, an institution, etc. established in the pure internal election preparation level, which is not the purpose of election campaign, does not fall under the above similar institution (see, e.g., Supreme Court Decision 97Do2249, Dec. 26, 1997). In full view of the circumstances as stated in its reasoning, etc., the lower court is reasonable to deem that the principal purpose of the office established by the Defendant (hereinafter "I") was to affect the electors beyond the dimension of the preparation for a specific candidate, i.e., an election campaign for a specific candidate. Thus, the establishment, establishment, and use of the Public Official Election Act.