Constitutional Court Rules Unconstitutional the Punishment Clause for Full-Time Seoul Metro Employees' 'Intra-Party Primary Campaigning'

Unconstitutionality Opinion "Prohibition of Primary Election Campaigning for Full-Time Employees, Excessive Restriction Considering Legislative Purpose"
Constitutionality Opinion "Considering the Special Nature of Seoul Transportation Corporation, Ensuring Fairness and Equity"

Constitutional Court Chief Justice Yoo Nam-seok (center) and other constitutional justices are waiting for the start after entering the Grand Bench at the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 30th for a constitutional complaint and unconstitutionality review.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the legal provision prohibiting full-time employees of Seoul Metro from engaging in primary election campaigns within their party, and penalizing violations, is unconstitutional when these employees grant voting rights to non-party members in internal party primaries.

On the 30th, the Constitutional Court delivered an unconstitutional ruling with a 7 (unconstitutional) to 2 (constitutional) vote in a constitutional review case requested by the Seoul Central District Court, which had raised concerns about the constitutionality of Article 57-6, Paragraph 1 of the Public Official Election Act.

Justice Party lawmaker Lee Eun-ju was prosecuted for illegal election campaigning (violation of the Public Official Election Act) while serving as the policy director of the Seoul Metro Union, holding a public official status.

During the first trial, Lee’s side emphasized that the incident occurred during the party’s internal proportional representation primary and argued that the state’s criminal jurisdiction over internal party matters was excessive. Furthermore, they requested a constitutional review, claiming that the provision in the Public Official Election Act prohibiting full-time employees of Seoul Metro, as defined in Article 2 of the Local Public Enterprises Act, from engaging in internal party primary campaigns was unconstitutional.

The Seoul Central District Court, which reviewed the case, stated, "There is substantial reason to suspect unconstitutionality as the provision fails to meet the principles of minimal infringement and balance of interests, violating the principle of proportionality by essentially infringing on the political freedom of full-time employees and their freedom to campaign in internal primaries," and requested a constitutional review.

The Constitutional Court ruled, "It is difficult to see that the side effects and harms caused by full-time employees of Seoul Metro engaging in primary campaigns for the election or defeat of specific candidates are greater than those of employees in general private companies. Nevertheless, prohibiting primary campaigns by full-time executives of Seoul Metro, and extending this prohibition to all full-time employees, constitutes an excessive restriction in light of the legislative purpose of ensuring fairness and equity in internal party primaries."

On the other hand, Justices Lee Jong-seok and Lee Young-jin dissented, stating, "The prohibition and punishment of internal party primary campaigns by full-time employees of Seoul Metro under the Public Official Election Act is intended to ensure fairness and equity in internal party primaries, considering the public legal characteristics of Seoul Metro. The legitimacy of the purpose and appropriateness of the means are recognized."

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