"Gwangsan District Head Kim Samho Receives Election Nullification Ruling Again in Appeal for Election Law Violation"

[Asia Economy Honam News Bureau, reporter Park Jinhyung] Kim Samho, the head of Gwangsan District in Gwangju, who was brought to trial on charges of violating the Public Official Election Act, has once again received a ruling that nullifies his election in the appellate court.

The Gwangju High Court Criminal Division 1 (Presiding Judge Lee Seungcheol) overturned the original verdict, which had sentenced Kim to one year and two months in prison with a two-year suspended sentence for violating the Public Official Election Act, and instead sentenced him to one year in prison with a two-year suspended sentence.

If an elected public official is convicted by the Supreme Court of violating the Public Official Election Act or the Political Funds Act and receives a fine of 1 million won or more, their election is nullified.

Kim was brought to trial on charges of illegally recruiting more than 4,100 people, including employees of the Gwangsan District Facilities Management Corporation, as party members between July and September 2017, and giving gifts of mung bean sprouts worth approximately 4 million won to about 150 employees of the corporation.

He is also accused of providing about 300,000 won in golf expenses to an acquaintance.

Kim served as the chairman of the corporation until July 2017 and was elected as the head of Gwangsan District in the local elections held on June 13, 2018.

The court emphasized, "The purpose of the Public Official Election Act is to ensure that elections are conducted fairly according to the free will of the people and democratic procedures, and to contribute to the development of democratic politics by preventing irregularities related to elections."

The court stated, "The defendant, given his many years of political activity, was likely fully aware of this," and added, "By mobilizing employees of the corporation and acquaintances in an organized and systematic manner to recruit a large number of party members, the fairness and transparency of the election were significantly undermined, making a corresponding punishment inevitable."

Furthermore, the court said, "Although the exact number of party members who actually exercised their voting rights in the party primary is unknown, it cannot be denied that the defendant's overwhelming support from these voting party members had a significant impact on his election."

On the other hand, the court explained the sentencing by stating, "Since being sentenced to eight months in prison with a two-year suspended sentence for violating the Presidential Election Act in 1988, the defendant has had no other criminal record. It appears that he became involved in the election by joining in the charitable activities previously conducted by a co-defendant, rather than distributing goods in a premeditated or malicious manner from the outset."

If there is an objection to the verdict delivered today, an appeal may be filed with the High Court within one week.

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