'Violation of Public Official Election Act' Lee Jeong-hoon, Gangdong-gu Mayor, Fined 900,000 Won Confirmed... Retains Position
[Asia Economy Reporter Kim Hyung-min] The fine imposed on Lee Jeong-hoon (52), the mayor of Gangdong-gu, Seoul, who was prosecuted for publicly announcing the results of a public opinion poll not registered with the Central Election Poll Deliberation Commission via text message, has been finalized.
The Supreme Court's 3rd Division (Presiding Justice Lee Dong-won) announced on the 16th that it upheld the lower court's ruling, which sentenced Mayor Lee to a fine of 900,000 won on charges of violating the Public Official Election Act.
The court stated, "Considering the reasons for the lower court's judgment in light of relevant legal principles and records, there is no error in exceeding the limits of free evaluation of evidence or in misunderstanding the legal principles concerning election campaigning under the Public Official Election Act." Jeong Mo (48), the policy team leader of the election office who was also prosecuted alongside Mayor Lee, had a fine of 700,000 won and a confiscation of 3 million won finalized. The original sentence of a 5 million won fine against volunteer Yang Mo (46) was also upheld.
With this ruling, Mayor Lee avoided 'disqualification from election.' Elected public officials are disqualified if they receive a confirmed fine of 1 million won or more for violating the Public Official Election Act or the Political Funds Act. Mayor Lee retained his position by receiving a fine below 1 million won.
In June 2018, before the local elections, during the Democratic Party candidate primary, Mayor Lee personally commissioned a research company to conduct a public opinion poll regarding the suitability of candidates for the Gangdong-gu mayor position and received results favorable to himself. He sent these results via text message to his acquaintances, leading to prosecution for violating the Public Official Election Act. The poll results were not separately registered with the Central Election Poll Deliberation Commission. According to our Public Official Election Act, "If results of a public opinion poll not registered on the Central Election Poll Deliberation Commission's website are publicly announced or reported, a fine must be paid. If such a poll is conducted by a political party or candidate, criminal punishment may be imposed." Mayor Lee was also charged with having election-related work performed by Jeong and Yang and providing them with money and goods.
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The first trial recognized the violation of the Public Official Election Act and sentenced Mayor Lee to a fine of 800,000 won. The second trial also acknowledged most of Mayor Lee's charges but, "considering age, family relations, motive and circumstances of the crime, means, results, and other sentencing factors comprehensively," sentenced him to 900,000 won, which is lower than the disqualification threshold fine of 1 million won.
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