[1] The meaning of "a person who intends to become a candidate" under Article 113 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[2] The case holding that it is difficult to view that the defendants could objectively recognize that the defendants had an intention to run in the election in light of the nature of the camping conference, the date of holding, the amount of souvenirs, the delivery process, etc. although the defendants went out as a candidate for the Gu council members and were salved by a specific political party and served as the chairperson of the local council of a political party

[1] Article 113 of the Act on the Election of Public Officials and the Prevention of Election Malpractice / [2] Article 113 of the Act on the Election of Public Officials and the Prevention of Election

[1] Supreme Court Decision 99Do307 delivered on June 11, 1999 (Gong1999Ha, 1453) Supreme Court Decision 2001Do1012 delivered on June 12, 2001 (Gong2001Ha, 1662) Supreme Court Decision 2004Do7419 delivered on January 27, 2005

Defendant 1 and one other

Prosecutor

Seoul High Court Decision 2005No1398 delivered on September 27, 2005

The appeal is dismissed.

The grounds of appeal are examined.

The term "person who intends to become a candidate" in Article 113 of the Act on the Election of Public Officials and the Prevention of Election Malpractice includes not only persons who are scheduled to run in an election but also persons whose candidate is objectively recognizable that he/she has an intention to run in an election in light of his/her status, contact, target, speech, etc. as well as those who have been officially expressed by the candidate, such as filing an application for success in a political party or punishing for an activity to obtain a recommendation from a general elector, etc. (see Supreme Court Decision 2004Do7419, Jan. 27, 2005, etc.).

The court below held that the defendants were not guilty on June 13, 202 at the 3rd election of the National Assembly members of the Dongdaemun-gu and the 1st election district council members of the second election district, or that they were working for the 1st election district and the 2nd election district council members of the 1st election district. However, the court below held that the defendants were not guilty on the grounds that the 1st election district and the 2nd election district members of the 2nd election were not present at the 1st election district or that the 1st election district members of the 3rd election were not present at the 1st election district, and that the 2nd election district members of the 2nd election district were not present at the 1st election district, and that the 3th election district members of the 2nd election district were not present at the 0th election district, and that the 1st election district of the 2nd election district of the 1st election district and the 2nd election district members of the 3th election district were not present at the 20th election district.

In addition, the part of the grounds of appeal criticizes the court below's assumptive judgment is without merit and there is no reason to further determine.

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

Justices Yang Sung-tae (Presiding Justice)