Attorney Kim In-won, “Local election judicial risk, early legal response is essential”

Beware of new risks such as AI deepfakes and fake news

Ahead of the 9th national simultaneous local elections to be held in June, concerns about election crimes such as fake news using artificial intelligence (AI) deepfakes are growing. The judicial risk management capabilities of candidates and election camps from the nomination stage to after election have emerged as a key election task.

Daeryun Law Firm announced on the 12th that it launched a task force (TF) dedicated to responding to the 9th national simultaneous local elections last month. The structure is one in which regional lawyers from major branch offices across the country and the head office's Digital Forensics Center collaborate, led by attorney In-won Kim.

According to statistics from the Supreme Prosecutors' Office, about 3,790 election offenders were booked for violating the Public Official Election Act during the 8th local elections. In this election, even fake news exploiting AI deepfake emerged as a new threat factor.

Regarding the background of launching the task force, Attorney Kim explained, "The Public Official Election Act has detailed regulations, so even a simple mistake can be evaluated as an illegal act. The law applies even before candidate registration, and nomination screening and preliminary candidate activities are also subject to legal discipline." In actual practice, there are cases where statements of support for a specific individual or group or posting of online promotional material have been caught as part of a pre-election campaign, or errors in self-introduction materials have led to the publication of false facts. He emphasized, “Early legal analysis and evidence preservation are the core of case response,” and “All public actions in the early stages of an election must undergo prior legal review.”

The most frequently occurring illegal acts in camps are pre-election campaigning, donations, and publishing false information. SNS postings or sending text messages are often classified as pre-election campaigns. Attorney Kim said, “The law judges actions based on the impact they had on voters rather than the actor’s intention.” Money management also requires caution. If the purpose of use is unclear or a third party bears the costs, it may be judged as illegal political funds. All expenditures must be managed by the person in charge of accounting and supporting documentation must be kept.

When an unexpected situation such as a crackdown by the National Election Commission or a search and seizure occurs, the presence and scope of a warrant must be checked and any violations of procedures must be recorded. Attorney Kim said, “The principle is that all comments and material submissions are made after consulting with a lawyer,” and “The response in the first few hours determines the direction and outcome of the subsequent investigation.”

Digital election crimes using AI deepfake are also a major variable in this election. False videos, synthetic voices, etc. can spread in a short period of time and lead to defamation and election interference. Attorney Kim said, “We must request deletion as soon as damage occurs, secure the distribution route, and verify whether it has been manipulated using forensic technology.” The TF has a system in place to secure evidence in cooperation with the corporation's own forensic team.

Attorney Kim In-won said, “Elections are a legal and moral process that goes beyond competition and gains the public’s trust,” and suggested, “The most powerful strategy will be to conduct a transparent and fair campaign within the bounds of the law.” He added, “We will do our best to make this local election an exemplary election based on legal expertise and fairness.”

Reporter Hwang Jeong-won (garden@sidae.com)

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Attorney In-won Kim "Local election judicial risks, early legal response is essential" (link)