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(영문) 대법원 2015.12.10 2015도14405
지방교육자치에관한법률위반
Text

All appeals are dismissed.

Reasons

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

1. As to the grounds of appeal denying relevance to election campaigns, Articles 230(1)4 and 135(3) of the Public Official Election Act, which apply mutatis mutandis under Article 49(1) of the Local Education Autonomy Act, are subject to the act of expressing or promising to provide money, valuables, and other benefits in relation to election campaigns, and punishment for receiving such benefits. As such, the scope of punishment is not limited to the act of offering money, valuables, and other benefits during the election campaign period

In addition, "in relation to election campaigns" under Article 135 (3) of the Public Official Election Act means "in response to election campaigns and motiveing matters concerning election campaigns", which is more extensive than "for election campaigns" and there was no purpose of affecting the purpose of election campaigns or the election.

Even if it is itself, there is a need to regulate acts that are likely to infringe on the freedom and fairness of the election, and therefore, the provision of money and valuables does not necessarily need to be the consideration for election campaign, and is included in election campaign-related activities, such as the cost of providing information related to election campaign and the cost of providing information related to election affairs (see, e.g., Supreme Court Decision 2006Do2370, Jun. 27, 2006). For the reasons stated in its holding, the lower court, on the grounds of the reasons indicated in its holding, does not merely make preparation for future election or simple labor provision, performed at an election campaign office established by Defendant A at approximately two months before and three months before the beginning of the election campaign of this case as a preliminary candidate after the registration of the E, F, G, H, and preliminary candidate.

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