The appeal is dismissed.

The grounds of appeal are examined.

1.(a)

Article 58 (1) (hereinafter referred to as the "Act") of the Public Official Election Act (hereinafter referred to as the "Act") provides that "election campaign" in the main sentence of Article 58 (1) means an act to be elected or not to be elected, and Article 2 provides that "this Act shall apply to the presidential election, election of National Assembly members, election of local council members and the election of the head of local government (hereinafter referred to as "election for public office")," and separately stipulates that "political parties may recommend candidates for election for public office (hereinafter referred to as "party-party competition")" in Article 57-2 (1), and the main sentence of Article 57-3 (1) provides that "no competition campaign shall be conducted 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” refers to an act for the success or defeat in an election for a public office, and the act for the success or defeat in the intra-party competition to elect a candidate recommended by a political party to participate in an election for a public office does not constitute an “election campaign”. However, in fact, an act for the success or defeat in an election for a public office may be deemed an election campaign within the extent of exceptional circumstances where it can be deemed to be an act for the success or defeat in an election for a public office only in exceptional cases where it

(see, e.g., Supreme Court Decisions 2003Do305, Jul. 8, 2003; 201Do17437, Apr. 13, 2012). Furthermore, Article 57-3(1) of the Act provides that a political party may conduct an intra-party competition campaign by granting its right to vote to a person who is neither a party member nor a party member in the intra-party competition, by means other than any of the following subparagraphs: