Investigation into Presidential Election Public Official Election Law Violations Concluded... but Prosecutors' Burden Increases and Statute of Limitations Controversy Remains

Police Reached Conclusion Since Late Last Month
Cases Transferred with Only 3 Days Left Before Statute of Limitations
Election Offenses Up 44% Compared to Last Presidential Election
Prosecutors: "May Lack Time to Review Cases"
Statute of Limitations Shorter Compared to Overseas

[Image source=Yonhap News]

[Asia Economy Reporter Oh Gyumin] The police have mostly completed investigations into complaints and accusations related to violations of the Public Official Election Act during the 20th presidential election. Since the statute of limitations for the Public Official Election Act is six months, the prosecution must reach a conclusion by the 9th of this month through various means such as indictments and requests for supplementary investigations. As some cases were transferred with only three days remaining, concerns have been raised that the prosecution lacks sufficient time to review the cases, and debates over the statute of limitations itself continue.

Since the end of last month, the police have been wrapping up investigations into violations of the Public Official Election Act. On the 25th, the Anti-Corruption and Public Crime Investigation Unit of the Seoul Metropolitan Police Agency concluded that the case accusing First Lady Kim of false explanations regarding allegations of her fabricated career was unfounded. On the same day, based on recorded phone conversations between First Lady Kim and reporter Lee Myung-su of Seoul Voice, civic groups' accusations against President Yoon and his wife were also dismissed due to insufficient evidence. On the 23rd, reporter Lee, related to the recordings, was transferred to the prosecution, and decisions were made regarding cases involving Won Hee-ryong and his wife, President Yoon, and lawyer Jang Young-ha. Although not related to election law violations, the fabricated career case involving First Lady Kim and 'false explanations' was also concluded with no prosecution on the 24th.

There are cases transferred to the prosecution with only three days left before the statute of limitations expires. On the 6th, the Seocho Police Station in Seoul transferred six individuals, including Jeong Cheon-su, former representative of Open Sympathy TV, to the Seoul Central District Prosecutors' Office on charges of violating the Public Official Election Act (spreading false information) related to First Lady Kim. They are accused of raising suspicions that Kim used the stage name 'Julie' while working at a nightlife establishment in 1997.

The number of cases violating the Public Official Election Act in the 20th presidential election increased compared to the 19th presidential election. According to the National Police Agency, the number of election offenders was 956 during the 19th presidential election, but it rose by about 45% to 1,383 in this election.

[Image source=Yonhap News]

Accordingly, opinions have emerged that the prosecution, which decides whether to indict or request supplementary investigations, may lack sufficient time to review the cases. A prosecution official said, “In serious cases related to violations of the Public Official Election Act, we coordinate with the police in advance, but sometimes cases unexpectedly come to us,” adding, “If a case is transferred with a non-prosecution opinion but the prosecution deems supplementary investigation necessary, the statute of limitations may be too tight, resulting in non-prosecution.”

In fact, on the 10th of last month, the Supreme Prosecutors' Office expressed a similar stance. Kim Yoo-cheol, head of the Public Investigation Division at the Supreme Prosecutors' Office, said at the time, “There are cases where three months are insufficient to determine whether the police investigation is appropriate, and cases that can be judged in a day, so it varies greatly,” adding, “If a very important case is transferred with an extremely short remaining period, it would be difficult to handle.”

There are also challenges to the statute of limitations itself under the Public Official Election Act. Unlike other countries, the short period makes investigations difficult. When the Public Official Election Act was enacted in 1947, the statute of limitations was one year, but it was amended in 1991 to the current six months. In Germany, the period ranges from a minimum of three years to five years depending on the case. In the United States, it is five years, and Japan has already abolished the short six-month statute of limitations.

Lee Yun-ho, Chair Professor of Police Science at Korea Cyber University, said, “Because the statute of limitations under the Public Official Election Act is short, there are cases where investigations cannot be properly conducted or no action is taken,” adding, “It is necessary to abolish the statute of limitations or at least maintain it during the period the elected official serves.” On the other hand, Seung Jae-hyun, Research Fellow at the Korea Institute of Criminology and Justice Policy, said, “Our Public Official Election Act is more meticulously crafted compared to other laws,” and “If the National Election Commission provides clear interpretations and a competent investigative agency professionally reviews election offenders, there is no need to extend the statute of limitations.”

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