2. Judgment on This Case The Complainant shared on a personal account, an online article regarding a certain candidate for the upcoming general election was telling a lie, but did not mention any additional comments toward it. By considering the contents of the post shared by the Complainant, total number of Facebook friends (4,583), and a mere fact that the Complainant uploaded one more posting about the aforementioned candidate on the same day on a personal Facebook account, it is difficult to conclude that such act amounts to the ‘election campaign’, which is an active and planned action with the objective intention of helping a certain candidate to win or lose in a certain election. Therefore, the suspension of prosecution granted to the Complainant on the premise that the Complainant’s action is part of the ‘election campaign’ was a result from the arbitrary judgment on evidence, insufficient investigation and misunderstanding on the law. Consequently, the right to equality and right to pursue happiness of the Complainant are infringed upon and, thus, the suspension of prosecution shall be nullified. - 11 -