Running as a Civil Servant... Final Supreme Court Decision on Hwang Unha's Election Nullification Lawsuit on the 29th

[Asia Economy Reporter Bae Kyunghwan] The result of the lawsuit to nullify the election of Hwang Unha, a Democratic Party of Korea lawmaker who caused controversy by being elected while maintaining his status as a public official, will be announced this week.

According to the legal community on the 25th, the Supreme Court's First Division (Presiding Justice Kim Seonsu) will deliver a verdict on the 29th regarding the lawsuit filed by former Future United Party (predecessor of the People Power Party) lawmaker Lee Eun-kwon against Hwang to nullify his election as a member of the National Assembly.

In the April 15 general election last year, Hwang applied for resignation from the police agency to run for office, but it was not accepted due to his ongoing criminal trial.

This is because public officials under investigation or prosecution for misconduct cannot resign according to the presidential decree 'Regulations on Handling Public Officials' Misconduct Cases.' Hwang was indicted in January last year on charges of interfering in the 2018 Ulsan mayoral election and is currently on trial.

However, Hwang ultimately ran in the general election while maintaining his status as a police officer and was elected, defeating former lawmaker Lee.

The issue lies in the fact that on May 29 last year, one day before the start of the 21st National Assembly's term, Hwang received a 'conditional resignation' from the police agency. This was intended to eliminate the possibility of violating the National Assembly Act, which prohibits holding concurrent positions, by granting resignation temporarily but restoring Hwang's police status and disciplining him if the Supreme Court confirms a guilty verdict.

This election nullification lawsuit will be conducted under the Supreme Court's single-instance system. Election lawsuits filed with the Supreme Court include those to nullify elections due to allegations of electoral fraud and those to nullify election results. This is also the first verdict among election and election nullification lawsuits related to the 21st National Assembly elections.

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