Prosecutors Indict Lawmaker Choi Jae-hyung Without Detention for Election Law Violation Over 'Microphone Use'
Use of Loudspeakers Prohibited Even Outside Election Campaign Period Under Public Official Election Act
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Choi Jae-hyung, a member of the People Power Party who competed against President Yoon Seok-yeol in the 20th presidential election primary, has been brought to trial on charges of using a loudspeaker for election campaigning outside the official campaign period.
On the 29th, the Public Investigation Division 2 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Lee Sang-hyun) announced that Choi was indicted without detention on the same day for violating the Public Official Election Act by using a loudspeaker for election campaigning at a market during the 20th presidential election primary.
After retiring as the head of the Board of Audit and Inspection last year, Choi ran as a presidential primary candidate for the People Power Party. In August of the same year, at the entrance of Seomun Market in Jung-gu, Daegu, he took a microphone handed by an aide and said, "Everyone, you are having a hard time, right? You have suffered under this administration," and added, "I, Choi Jae-hyung, will achieve a change of government. Please trust me."
At that time, the official election campaign period had not yet started. However, Article 59, Clause 4 of the Public Official Election Act, which regulates election campaigning allowed before the campaign period, permits campaigning by phone or verbally when it is not election day, but prohibits the use of loudspeakers or outdoor rallies targeting multiple people.
Additionally, Article 91, Paragraph 1 of the Public Official Election Act (Restrictions on the Use of Loudspeakers and Vehicles) states, "No one may use loudspeakers for election campaigning except when used for speeches, debates, or discussions in public places as stipulated by this law," thereby banning the use of loudspeakers for purposes other than speeches, debates, or discussions under the Public Official Election Act.
The civic group Judicial Justice Restoration Citizens' Action (Sasehaeng) stated, "Despite being an expert who served as a judge for 30 years, handling numerous election cases, and having experience as the chairman of the Daejeon Election Commission, Choi violated the law," and filed a complaint against him for violating the Public Official Election Act.
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At the time, Choi’s side issued a statement expressing regret, saying, "Regardless of the reasons, we regret causing controversy over violating election laws."
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