'Election Law Violation and Defamation of the President' Charges Against Jeon Gwang-hoon Confirmed 'Not Guilty' by the Supreme Court

Jeon Gwang-hoon, Senior Pastor of Sarang Jeil Church / Photo by Jang Jin-hyung aymsdream@

[Asia Economy Reporter Kim Daehyun] Pastor Jeon Gwang-hoon of Sarang Jeil Church, who was prosecuted for pre-election campaigning at rallies ahead of the 2020 general election and defaming President Moon Jae-in, has been acquitted by the Supreme Court.

On the morning of the 17th, the Supreme Court's 2nd Division (Presiding Justice Min Yusook) upheld the lower court's verdict of not guilty in the appeal trial of Pastor Jeon, who was charged with violating the Public Official Election Act and defamation.

The court stated, "Even if it can be considered that a proportional representation candidate was specified, the lower court's judgment that it is difficult to regard it as electioneering because it was an expression of personal opinion on the election or a passive response to the audience's questions is reasonable." It further explained the reason for dismissing the prosecutor's appeal, saying, "The lower court did not err in its interpretation of the law regarding electioneering under the Public Official Election Act."

Earlier, Pastor Jeon was accused of violating the Public Official Election Act by saying "Please support the Liberty and Right-wing parties in the general election" during prayer meetings and rallies at Gwanghwamun Square in Seoul from December 2019 to January 2020, ahead of the 21st general election. He was also prosecuted for defaming President Moon with remarks such as "The president is a spy" and "The president attempted to communistize the Republic of Korea."

The case centered on whether Pastor Jeon's remarks could be interpreted as supporting the Liberty Korea Party (now the People Power Party) and opposing the Democratic Party of Korea at the time, whether a specific candidate was identified, and whether the remarks about President Moon were merely expressions of opinion.

The first and second trials acquitted Pastor Jeon. The first trial court ruled, "At the time of the defendant's remarks, the general election candidates had not yet been decided," and "He did not specify a party to appeal for support."

Additionally, the second trial court explained, "The victim is a sitting president and a public political figure, and verification of the political ideology of a public figure should be conducted more freely in the marketplace of ideas," and "Criminal punishment cannot be applied even to expressions presented as a result of verification that is not based on or premised on false facts."

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