Aftermath of the 'Im Miri Column Incident'... Growing Calls to Amend the 'Public Official Election Act'

Photo by Kyunghyang Shinmun, column by Professor Im Miri

[Asia Economy Reporter Shinwon Yoon] There are calls to amend the 'Election Law' following the controversy over the Democratic Party filing a complaint for violation of the Public Official Election Act against Professor Im Miri of Korea University for her column titled 'Everyone Except the Democratic Party.'

On the 12th, the Election Article Deliberation Committee (EADC) under the Press Arbitration Commission ruled that the column published in Kyunghyang Newspaper violated Article 8 of the Election Law, which stipulates that those who manage or edit broadcasting, newspapers, communications, magazines, or other publications, as well as internet media companies, must report or comment fairly on a party's platform, policies, or candidates (including those aspiring to be candidates). The committee issued a 'recommendation' decision, which has no legal binding force.

However, some have criticized the EADC's judgment as incorrect. Lawyer Yang Hongseok wrote on his Facebook, "The EADC's decision is wrong. Although the EADC mentioned Article 8 of the Election Law, the column does not constitute election campaigning or urging voting under the Election Law," adding, "If this is taken as a problem, it will be a sword hanging over Democratic Party candidates, party members, and supporters nationwide."

Lawyer Baek Seongmun also appeared on CBS Radio's 'Kim Hyunjung's News Show' recently, stating, "If Professor Im's column violates the Election Law, then all discussions in newspapers and public debates about judging the ruling or opposition parties would also be violations," and "Practically, the moment one expresses support for a party or opposition to another, it would be a violation of the Election Law, so it is difficult to see this as a violation."

[Image source=Yonhap News]

Regarding the opinion that the column constitutes 'pre-election campaigning,' Lawyer Baek explained, "Election campaigning refers to acts aimed at electing or defeating a specific candidate," and added, "Except for the part suggesting to vote 'everyone except the Democratic Party,' most of the column is critical commentary on the Democratic Party and the government. Including such content within the scope of election campaigning would infinitely expand the definition of election campaigning."

Experts also pointed out the need to amend the Election Law itself. Lawyer Jo Sujin stated on the same radio program, "Above the Election Law is Article 21 of the Constitution, which guarantees 'freedom of expression,'" and argued, "In a situation where everyone has personal media like SNS, the Election Law restricts freedom of expression. This incident should prompt discussions on amending the Election Law."

What if ordinary citizens post opinions about specific supporters on their SNS? The National Election Commission judges legality based on the content, but in reality, ordinary citizens find it difficult to determine whether their posts are illegal.

Regarding this, Lawyer Jo said, "Even the freedom of expression we exercise on SNS could strictly be considered a violation of the Election Law," explaining, "The Election Law distinguishes between acts that constitute election campaigning and those that do not, setting periods during which pre-election campaigning is criminalized."

Lawyer Baek also said, "Ultimately, the current Election Law should be amended," adding, "The current Election Law is like 'a nose ring if hung on the nose, an earring if hung on the ear.' It's ridiculous that we are having this discussion. It would be desirable to amend the Election Law to more broadly recognize freedom of expression so that such debates become unnecessary."

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