Constitutional Court: "Public Official Election Act Provision Without Noise Regulation Standards for Election Campaign Loudspeakers Is Unconstitutional"

Chief Justice Yoo Nam-seok of the Constitutional Court and the justices are waiting for the start of the constitutional review ruling on the unconstitutionality confirmation constitutional complaint regarding the "Announcement of the Korea-Japan Comfort Women Issue Agreement" held on the 27th at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the absence of regulatory provisions on the maximum output and usage time of loudspeakers during election campaigns in the Public Official Election Act violates the Constitution.

On the 13th, the Constitutional Court announced that it delivered a decision of constitutional inconsistency by a 7 to 2 majority in a constitutional complaint filed by a local resident, Mr. A, who requested confirmation that the provision of the Public Official Election Act lacking noise regulation standards during election campaigns is unconstitutional.

Constitutional inconsistency means that although the relevant law violates the Constitution, an immediate invalidation could cause legal gaps and confusion. Therefore, the law is declared unconstitutional but temporarily remains effective until it is amended.

Mr. A filed the constitutional complaint during the 2018 nationwide simultaneous local elections, stating, "Candidates caused noise pollution with loudspeakers around residential areas, causing mental and physical distress, infringing on environmental and health rights."

The Constitutional Court stated, "The state has underperformed its duty to protect citizens' fundamental rights, infringing on the petitioner’s right to live in a healthy and pleasant environment." It added, "The Public Official Election Act only regulates the number of loudspeakers attached to vehicles and portable loudspeakers but does not establish standards for maximum output or noise regulation. There is a need to set reasonable maximum output and noise regulation standards."

The court also added the opinion that "To maintain a peaceful environment, it is necessary to restrict the use of loudspeakers from 6 a.m. to 7 a.m. and from 7 p.m. to 11 p.m., which are times before and after school and commuting hours."

However, the Constitutional Court decided to maintain the provision until the end of next year, expressing concern that an immediate invalidation would create a legal vacuum regarding the use of loudspeakers during election campaigns.

This content was produced with the assistance of AI translation services.