The judgment below is reversed, and the case is remanded to the Gwangju High Court.

The grounds of appeal are examined.

1. As to the establishment of similar agencies and prior election campaigns against the Defendants

A. In full view of the main sentence of Article 58(1) and Articles 2 and 57-2(1) and the main sentence of Article 57-3(1) of the Public Official Election Act (hereinafter “Act”), “election campaign” refers to an act for the success or defeat in an election for a public office, and an act for the election or defeat in an intraparty competition for the purpose of selecting a candidate for a political party to participate in an election for a public office does not constitute “election campaign”. However, an act for the success or defeat in an election for a public office may be deemed an election campaign to the extent of exceptional circumstances where it is deemed that an act for the election or defeat in an election for a public office is performed in real view of the fact that it is an act for the election or defeat in an intraparty competition.

Furthermore, Article 57-3(1) of the Act provides that “No competition campaign shall be conducted by any means other than those falling under any of the following subparagraphs in the intra-party competition where a political party grants voting rights to any party member and any person who is not a party member, shall not be conducted by giving voting rights to the party member and any person other than a party member.” Considering that a competition campaign is limited to not only party member in the intra-party competition but also general voters who are not a party member eligible to be registered as a competition group in the process of the intra-party competition, the mere fact that such act includes an intention to promote an election or defeat in the election of a public official in an election for the intra-party competition, thereby readily concluding that such act constitutes an “election” (see, e.g., Supreme Court Decision 2012Do12172, May 9, 2013). In addition, Article 89(1) of the former Public Official Election Act (amended by Act No. 11485, Oct. 2, 2012>