Constitutional Court: "Ban on 'Wreath Installation' from 180 Days Before Election, Broad Restriction on Freedom of Expression"

Unanimous Constitutional Court Decision of Unconstitutionality: "Violation of Political Expression Freedom"

The Constitutional Court has ruled that the legal provision banning the installation of wreaths to influence election results starting 180 days before the election, and penalizing violations, is unconstitutional.

On the 29th, the Constitutional Court issued a unanimous decision of constitutional inconsistency in a constitutional review case requesting confirmation that the part of Article 90, Paragraph 1, Subparagraph 1 of the Public Official Election Act concerning "wreath installation" is unconstitutional.

Mr. A was prosecuted after installing 50 condolence wreaths with phrases such as "Stop migratory politics" on the sidewalk in front of Chungbuk Provincial Office in Cheongju City about two months before last year's local elections.

Article 90 of the Public Official Election Act prohibits the installation, display, or posting of wreaths, balloons, signs, banners, ad balloons, devices, and other advertisements for the purpose of influencing the election from 180 days before the election day until the election day.

The Cheongju District Court, which handled the first trial, found the provision potentially unconstitutional and requested a constitutional review in March this year.

The Constitutional Court judged that the provision under review broadly restricts political freedom of expression related to elections for a long period from 180 days before the election day until the election day.

The Court stated, "While the installation of wreaths may cause election opportunity imbalances due to economic differences, such concerns can be addressed through election expense regulations under the Public Official Election Act, and indiscriminate black propaganda can be prevented through the Act's provisions prohibiting candidate defamation. Therefore, banning the installation of wreaths intended to influence the election over a long period violates the principle of proportionality and infringes on political freedom of expression."

However, the Court made a constitutional inconsistency decision setting a deadline for law revision by May 31 of next year to prevent confusion that would arise if the provision were immediately invalidated.

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