Public official election law that even supporters ignore... This job is the most dangerous

There is less than a week left until the 21st presidential election. During this period, both prosecutors and police have no time to rest. This is because they are suffering from the issue of election fraud. In the 20th presidential election held three years ago, a total of 2,001 people were indicted, and 609 of them were sent to trial. This is a 127.9% increase compared to the 878 election offenders booked during the 19th presidential election in 2017.

The background to this trend is the spread of false information through social media and an increase in the number of related complaints. Black propaganda and the spread of false facts surrounding candidates are occurring more frequently. The types are also very diverse. Representative examples include △false propaganda regarding personal information such as a candidate's education, career, and military service △spreading false information about a candidate's past criminal history △slandering an opposing candidate △exaggerated claims about political achievements.

Of course, it is difficult to view the simple act of conveying opinions as spreading false information, but false claims that can have a significant impact on voters' judgment may be subject to legal sanctions. While general defamation by revealing false information is punishable by up to 5 years in prison or a fine of up to 10 million won, under the Public Official Election Act, the crime of publishing false information for the purpose of losing an elected candidate can be punished by up to 7 years in prison or a fine of between 5 million won and 30 million won.

There are many cases where inadvertently posted SNS posts or photos lead to punishment. It is now widely known that taking authentication photos inside a polling place is problematic, but it must also be kept in mind that taking photos of ballots inside a polling place is also a clear violation.

Cases of damaging election posters also occur frequently. This can also be punishable by imprisonment for up to 2 years or a fine of up to 4 million won under Article 240 of the Public Official Election Act. There is a notable precedent in this regard. During the 2022 local elections, a voter was indicted on charges of damaging election posters. However, the court found him not guilty on charges of violating the Public Official Election Act. The idea is that the voter in question was illiterate and could not read, so it would have been difficult for him to recognize that the poster was for election campaign purposes. However, since the poster itself had property value, the crime of property damage was recognized and a fine was imposed.

You must also be aware of the possible targets of your election campaign. In addition, it is important to note that according to Article 60 of the Public Official Election Act, public officials, Tong/Ri/Bang presidents, Reserve Force company commander level or higher officers, and members of election commissions at all levels are prohibited from campaigning in principle, as they are in a position to maintain the neutrality and fairness of elections.

Of course, some point out that the Public Official Election Act has a relatively short statute of limitations of six months, so the investigation and prosecution of election offenders is done in a ‘crammed manner’. Nevertheless, it is best to avoid unnecessary misunderstandings or violations, and special care is needed to ensure that the essence of democracy is not damaged by familiarizing yourself with the Public Official Election Act in general.
 

Small Business Team

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Public election law that even supporters miss... This job is the most dangerous (Shortcut)