In a case where a candidate for an election of a head of a local government has reproduced and printed articles related to an election in small printed materials used for an election campaign and distributed them to the elector, whether the term "as prescribed in Article 95 (1) of the Act on the Election of Public Officials and the Prevention of Election Illegal Acts" falls under the term "as

According to Article 95 of the Act on the Election of Public Officials and the Prevention of Election Malpractice, a publication including a newspaper, etc. carrying articles on an election shall, in principle, not be distributed in a way other than ordinary ways or copied and distributed them. However, in case where "the provisions of this Act" are exceptionally permitted, small printed matters used in an election campaign as well as candidate's career, political views, political views, policies, and other matters necessary for publicity may be widely inserted in the election campaign. If the contents thereof constitute a case of slandering by pointing out facts about the privacy of other candidates, their spouses, lineal ascendants, or siblings, the Election Commission shall file an accusation and give public notice thereof, but there is no limit in the method of expression, and thus, it shall be allowed to reproduce and print articles on an election and publish them in the election campaign material, and if the contents thereof are not contrary to the legislative intent of Article 6 of the Act, it shall not be permitted to publish the book-type small printed matters in the election campaign material, such as newspaper articles that can be manufactured and distributed fairly by all candidates, it shall not be contrary to the legislative purpose of Article 96 of the Act.

Articles 64(5) and (6), 66(1) and (9), 95(1) and (2) of the Act on the Election of Public Officials and the Prevention of Election Malpractice

Defendant

Prosecutor

Daejeon High Court Decision 99No5 delivered on June 25, 1999

The appeal is dismissed.

According to the reasoning of the judgment below, the defendant's act of publishing the book-type small printed materials for the purpose of election as provided in 198. 6. The defendant's act of publishing the newspaper or magazine to the head of the Gu is also prohibited from distributing them by means other than ordinary methods, or also distributing articles or magazines to the candidate's non-indicted 6. The defendant's act of publishing the book-type printed materials for the purpose of election as provided in 198. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 6. 1. 6. 6. 6. 6. 6. 6. 6. 14. 14. 14. 14. 14. 14. 14. 14. 6. 14. 14. 14. 14. 14. 14. 14. 14. 14.

Examining the relevant provisions and records of the Public Official Election Act, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to the interpretation of the Public Official Election Act. The grounds for appeal cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Seo-sung (Presiding Justice)