Constitutional Court Rules "Provisions of the Public Official Election Act Banning Election Campaigning by Local Council Members Are Constitutional"

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 legal provision prohibiting and punishing local council members from using their position to engage in election campaigning, just like other public officials, does not violate the Constitution.

On the 6th, the Constitutional Court announced a unanimous decision by all justices to uphold the constitutionality of Article 85, Paragraph 2 of the former Public Official Election Act, which prohibits public officials from participating in elections, in a constitutional complaint filed by local council member A, who was sentenced to imprisonment for violating the Public Official Election Act.

The court emphasized, "Anyone with sound common sense and ordinary legal sentiment can understand that the term 'public official' in the provision prohibiting election campaigning using the status of a public official includes local council members."

It added, "When a local council member uses their position to campaign, it constitutes an abuse of resources and authority granted to serve the welfare of all residents unilaterally for the benefit of a specific political party and individual."

Mr. A filed a constitutional complaint arguing that Article 85, Paragraph 2 of the Public Official Election Act, which stipulates that 'public officials may not use their position to campaign,' violates the principle of clarity because it does not clearly define whether local council members are included in the term 'public official.'

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