"Democratic Party Campaign Committee Group Chat Participation by Park Beom-gye Violates Election Law"… Civic Group to File Prosecutor Complaint Today
[Asia Economy Choi Seok-jin, Legal Affairs Specialist Reporter] Park Beom-gye, Minister of Justice, who became embroiled in controversy after it was revealed that he participated in a group chat room (group chat) for election campaigning of Lee Jae-myung, the Democratic Party presidential candidate, while holding the status of a current public official prohibited from election campaigning, has ultimately been criminally reported.
The civic group Action Alliance for Establishing the Rule of Law (Beopse-ryeon) announced on the 2nd that it would file a complaint against Minister Park at the Seoul Central District Prosecutors' Office on charges of violating the Public Official Election Act and the National Public Service Act.
Lee Jong-bae, representative of Beopse-ryeon, stated, "It has been revealed that Minister Park participated in the Telegram group chat room '[Communication Room] Lee Jae-myung Candidate General Special Advisory Group,' which was created by the Democratic Party’s Special Advisory Group of the Election Countermeasures Committee for Lee Jae-myung’s presidential campaign," adding, "The Minister of Justice belonging to a specific presidential candidate’s election campaign group clearly violates Article 85 of the Public Official Election Act, 'Prohibition of Election Involvement by Public Officials,' and Article 65 of the National Public Service Act, 'Prohibition of Political Activities.'"
He continued, "The chat room included over 3,000 active members such as current and former members of the National Assembly and Lee’s special advisors, who have been conducting election campaigns by mobilizing supporters, spreading online promotional images and election-related articles, and posting recruitment notices for committee chairpersons and vice-chairpersons under the campaign headquarters, as well as urgent requests from the headquarters," and added, "There was also an organizational guideline stating that the Telegram room was operated 'to deliver and share more accurate and prompt information and to encourage active participation of supporters in the election campaign.' Taken together, this clearly constitutes a group for Lee Jae-myung’s election campaign."
Lee emphasized, "As the Minister of Justice, who is responsible for managing fair elections and holds the ultimate responsibility for prosecutorial affairs related to elections, requiring a high degree of political and election neutrality, it is shocking that he is a member of a specific presidential candidate’s election campaign group," and criticized, "Regardless of his level of activity, merely being a member itself violates the law and is an anti-democratic outrage that seriously undermines election fairness."
He added, "The Minister of Justice’s participation in an online group for a specific presidential candidate’s election campaign is effectively illegal intervention by a state agency in the election, constituting a clear case of election manipulation and a serious disruption of national order."
Lee also pointed out, "Minister Park claims he was unaware of being invited to the group, but having been in the group for several months and claiming ignorance is nothing but a cunning deception to mislead the public," criticizing, "This is akin to absurd sophistry, like saying one received money but did not know it was a bribe, mocking the people."
Minister Park’s inclusion in the Telegram group chat operated by the Democratic Party’s Special Advisory Group of the Election Countermeasures Committee was revealed through the media, raising allegations of election law violations.
The group chat, created during last year’s Democratic Party presidential primary, reportedly included over 3,000 participants such as current and former members of the National Assembly and Lee’s special advisors, and was operated to support Lee’s election campaign.
In the legal community, given that Minister Park is responsible for overseeing prosecutorial affairs related to election offenses, there are many opinions that even if he did not actively participate in the chat room, merely being a member of a group supporting a specific candidate’s election campaign could constitute a violation of the political neutrality obligation of public officials or the election law. Minister Park has since left the group chat following media inquiries.
Article 65 of the National Public Service Act prohibits public officials from engaging in political activities such as supporting or opposing a specific party or individual in elections. Additionally, Article 27 of the National Public Service Regulations (Presidential Decree), enacted under the authority of the National Public Service Act, lists acts aimed at electing or defeating a specific candidate in elections as examples of prohibited 'political acts.'
Article 85 of the Public Official Election Act prohibits public officials from engaging in election campaigning or influencing elections in relation to their duties or by using their position.
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Minister Park explained on the 25th of last month at the National Assembly Legislation and Judiciary Committee in response to opposition lawmakers’ questions, "I was invited without my will," and "I did not know the nature of the group, who was in it, and I did not leave any opinions in the group."
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