🚨 Public Official Election Act: Core Democratic System and Electoral Fairness

Today Korean Social News | 2025.05.13

📌 Supreme Court 'Quick Ruling' Controversy, Parliamentary Hearing Scheduled

💬 Controversy is spreading over Chief Justice Jo Hee-dae's unusually quick review and ruling on Democratic Party presidential candidate Lee Jae-myung's violation of the Public Official Election Act. In response, the National Assembly will hold a hearing on May 14 with Chief Justice Jo and 11 other Supreme Court justices as witnesses. This controversy has sparked full-scale discussions on judicial reform.

Summary

• The Public Official Election Act is a law that ensures fairness and transparency in elections.
• It contains rules to prevent and punish unfair practices that may occur during elections.
• Fair elections are the foundation of democracy and protect the rights of all voters.

1️⃣ Definition

The Public Official Election Act is a law that ensures fairness in the election process through proper management of public elections and regulation of campaign activities to contribute to democratic political development. Simply put, it's a law containing rules to ensure that elections for president, members of the National Assembly, and heads of local governments are conducted fairly.

This is a fundamental law that guarantees fairness and transparency in elections, which are core institutions of democracy.

💡 Why is it important?

• It guarantees fair elections, a basic principle of democracy.
• It prevents corrupt elections involving money, false information, etc.
• It creates a fair competitive environment for candidates.
• It protects voters' right to know and right to choose.

2️⃣ Main Contents and Characteristics of the Public Official Election Act

📕 Election Management and Procedures

• Elections are managed by independent institutions. The main details are as follows:

  • Elections are managed by the National Election Commission, a constitutional institution, and regional election commissions.
  • Elections are held 70 days before the end of term for presidential elections, 50 days before for National Assembly elections, and 30 days before for local elections.
  • It includes detailed regulations on candidate registration, preparation of voter lists, voting and counting procedures.
  • Various measures are in place to ensure fairness and transparency in all stages of election management.

• The rights and obligations of voters are specified. The main details are as follows:

  • The right to vote is given to citizens aged 18 and over (the voting age was lowered from 19 to 18 in 2020).
  • Each voter can cast one vote under the 'one person, one vote' principle.
  • Citizens living abroad are guaranteed the right to vote through the overseas voting system.
  • The law includes provisions to support voting by socially vulnerable groups such as people with disabilities and the elderly.

📕 Regulation of Election Campaigns

• The period and methods of election campaigns are regulated. The main details are as follows:

  • Election campaigns are only allowed from the time candidate registration is completed until the day before the election.
  • Permitted campaign methods include public speeches, phone promotions, distribution of campaign materials, and internet promotions.
  • Campaign activities that criticize specific groups or spread false information are prohibited.
  • Regulations on campaigning through the internet and social media are also included.

• Regulations to prevent money-influenced elections have been strengthened. The main details are as follows:

  • Restriction on donation activities: Strictly prohibits candidates from providing money or entertainment to voters.
  • Limitation on election expenses: Sets a limit on election expenses and punishes those who exceed it.
  • Obligation to report accounting: Requires transparent disclosure of income and expenditure details of election expenses.
  • Regulation of political funds: Includes provisions to prevent illegal political funding.

• There are regulations for fair competition. The main details are as follows:

  • Duty of political neutrality for public officials: Public officials are prohibited from interfering in elections using their positions.
  • Regulation of opinion polls: Standards for fair opinion polls and methods of announcing results are specified.
  • Duty of fair reporting by the media: The media should not show bias in favor of specific candidates.
  • Restriction on group campaign activities: There are provisions limiting organized campaign activities by specific groups.

Key Issues in the Public Official Election Act

1. Restriction on freedom of expression: There is criticism that campaign regulations excessively restrict freedom of political expression.
2. Internet regulation: There are concerns that regulations on election campaigns on the internet and social media are not suitable for the digital age.
3. Advantage for incumbents: There are claims that the election environment favors incumbent members of the National Assembly or local government heads.
4. Excessive punishment: There is criticism that excessive penalties, such as invalidation of election, are applied even for minor violations.
5. Entry barriers for political newcomers: There are concerns that complex regulations act as barriers to entry for political newcomers.

3️⃣ Major Types of Violations and Penalties

✅ Major Types of Violations

• There are major types of violations of the Public Official Election Act. The main types of violations are as follows:

  • Providing money or gifts: This is one of the most serious types of violations, where money or entertainment is provided to influence elections.
  • False statement: This is the act of publishing false information about a candidate to influence the election.
  • Illegal campaign activities: This includes campaigning outside the legal campaign period or using prohibited methods.
  • Violations related to opinion polls: This includes publishing false opinion poll results or failing to comply with opinion poll standards.
  • Excessive spending on election expenses: This is the act of spending more than the legal limit on election expenses.

• Penalty provisions are strictly applied. The main penalties are as follows:

  • Invalidation of election: If the candidate, their spouse, direct relatives, campaign manager, etc. are sentenced to a fine of 100,000 won or more for major violations, the election is invalidated.
  • Criminal punishment: Imprisonment or fines are imposed depending on the severity of the violation. Especially providing money or making false statements are severely punished.
  • Administrative fines: Administrative fines are imposed for minor violations.
  • Restriction of voting rights and eligibility: Voting rights or eligibility may be restricted for a certain period if sentenced for certain crimes.

✅ Recent Major Cases and Precedents

• There are major cases of violation of the Public Official Election Act. The main cases are as follows:

  • In the 2022 local election, candidate A for mayor posted false opinion poll results on his social media during the election period and was sentenced to a fine for violating the Public Official Election Act.
  • In the 2020 general election, candidate B was charged with providing money to local residents through campaign workers and lost his parliamentary seat after being elected.
  • In the 2024 general election, candidate C was charged with making false statements about the opposing candidate, but the court ruled "not guilty" judging it to be in the realm of "political evaluation."
  • Recently, there has been an increase in cases of violations related to election campaigns through social media, and legal judgments on these are also continuing to develop.

• Court precedents play an important role in interpreting the Public Official Election Act. The main trends in precedents are as follows:

  • The Supreme Court has developed precedents in the direction of finding a balance between "election fairness" and "freedom of expression."
  • Recent precedents tend to clarify the criteria for distinguishing between simple expression of opinion and false statements.
  • There is a tendency to apply relatively relaxed standards for election campaigns through the internet and social media.
  • The debate on the constitutionality of the "joint responsibility" system for invalidation of election also continues.

4️⃣ Related Terms Explanation

🔎 National Election Commission

• The National Election Commission is a constitutional institution responsible for the fair management of elections and referendums.
• The National Election Commission is an independent constitutional institution established under Article 114 of the Constitution, handling the fair management of elections and referendums and matters related to political parties.
• The National Election Commission consists of 9 members: 3 appointed by the President, 3 elected by the National Assembly, and 3 nominated by the Chief Justice of the Supreme Court. The Chairperson is elected from among the members.
• Its main roles include managing and supervising elections, investigating violations of election laws, handling matters related to political parties and political funds, researching and improving the election system, and providing democratic civic education.
• The National Election Commission organization consists of the National Election Commission at the top, followed by city/province election commissions, district/city/county election commissions, and township/neighborhood election commissions.

🔎 Invalidation of Election

• Invalidation of election means that the election of an elected candidate becomes legally invalid.
• Invalidation of election refers to a system under Article 263 of the Public Official Election Act where if a candidate is confirmed to have received a fine of 100,000 won or more for certain election crimes even after being elected, the election becomes invalid.
• The main reasons for invalidation of election include cases where the candidate, their spouse, direct relatives, campaign manager, etc. are punished for election crimes such as bribery and inducement, violation of prohibition of donation activities, or making false statements.
• When an election is invalidated, a by-election is held in the relevant constituency, and the person whose election was invalidated cannot register as a candidate in that by-election.
• The system of invalidation of election is an important mechanism to ensure the fairness of elections, but there is also criticism that invalidation of election due to joint responsibility is an excessive sanction.

🔎 Opinion Polls

• Election-related opinion polls are a special form of opinion polls where fairness and reliability are important.
• Election opinion polls refer to opinion polls on elections, surveying candidate support, party support, possibility of winning, etc. The Public Official Election Act has provisions to ensure the fairness and reliability of such opinion polls.
• To conduct an election opinion poll, one must be a registered institution with the Central Election Opinion Poll Deliberation Committee and must register the purpose of the poll, survey design, sample size, method of selecting respondents, etc. before conducting the survey.
• When announcing or reporting the results of an opinion poll, information such as the poll requester, survey agency, survey date and time, sample size, survey method, and sampling error must be announced or reported together.
• From 6 days before the election day to the election day, the results of opinion polls related to the election cannot be announced or reported (period of prohibition of announcing opinion polls).

5️⃣ Frequently Asked Questions (FAQ)

Q: Can I post election-related content on the internet or social media?

A: Election-related activities on the internet and social media are allowed within certain limits. During the campaign period (from the completion of candidate registration until the day before the election), you can post content supporting or opposing specific candidates or parties through personal blogs, social media, internet comments, etc. However, there are several things to be careful about. First, you should not spread false information or criticize candidates. Second, you should act under your real name, not anonymously. Third, election campaigns through social media are also prohibited on election day and the day before. Fourth, organized and planned internet activities for a specific party or candidate may be considered as "establishing a campaign organization" and may be restricted. Fifth, election campaigns through paid advertisements are prohibited. The expression of personal political opinions is guaranteed, but it must be done within the framework of the Public Official Election Act.

Q: Can I post a voting verification photo on social media on election day?

A: Posting a voting verification photo on social media is possible under certain conditions. Posting a photo verifying that you voted (so-called 'voting verification photo') on social media is allowed. However, posting content supporting or opposing specific parties or candidates along with it may violate the regulation prohibiting election campaigns on election day. Also, taking photos inside the polling station is prohibited, so you cannot take photos showing the ballot paper or the inside of the voting booth. Appropriate voting verification photos include those taken in front of the banner at the entrance of the polling station or showing the stamp on the back of your hand. You can use neutral phrases such as "I participated in voting" or "I cast my valuable vote" with your voting verification photo, but you should avoid expressions like "I voted for Party OO" or "I voted for Candidate OO". Verification photos encouraging participation in voting are positive activities that enhance civic consciousness.