Only Good for Politicians... Will the 'Jeongdang Banners' Cluttering the Streets Remain Until the General Election?

Election Law Revised but No Significant Impact
Election Approaching, Regulatory Bills Hard to Pass

Local governments are rapidly enacting ordinances to regulate the overflowing number of 'party banners.' The current Outdoor Advertising Act virtually allows unlimited party banners, leading to criticism that local governments' ordinances regulating party banners violate higher laws. Although amending this law is the fundamental solution, there is criticism that, with next year's National Assembly general election approaching, political parties are unlikely to initiate legal amendments to regulate themselves.

On the 28th, the Seoul Metropolitan Council began its 320th extraordinary session. During this session, the 'Partial Amendment to the Ordinance on the Management of Outdoor Advertisements and the Promotion of the Outdoor Advertising Industry in Seoul' proposed by Heo Hun, a member of the People Power Party in the Seoul City Council, is scheduled to be discussed. This ordinance limits the number of party banners to two or fewer per National Assembly electoral district but allows party banners that have been reported to be installed without quantity restrictions on designated posting boards.

On the morning of the 12th, officials from Yeonsu-gu Office in Incheon were forcibly removing illegal political banners violating city ordinances at Sogeumbat Intersection in Yeonsu-gu. Photo by Yonhap News

Party banners are entirely governed by the Outdoor Advertising Act. Controversy over party banners began when the Outdoor Advertising Act was amended last December. This law does not restrict the locations or quantities of party banners to guarantee freedom of political expression. On the 24th, the National Assembly held a plenary session and amended the Public Official Election Act, shortening the prohibition period for installing election banners and other facilities from '180 days before the election day' to '120 days before the election day.' After the Constitutional Court ruled certain related provisions unconstitutional last year, removing regulations on election banners and effectively allowing unlimited posting, some degree of regulation was reapplied.

Some expect that the recent amendment to the election law will reduce the number of party banners, but this is inaccurate. This is because election banners that 'influence elections,' as defined by the election law, differ from party banners. A representative from the Central Election Commission stated, "The recently amended election law pertains to election campaigning," adding, "Party banners only need to avoid being displayed during the election period according to the election law."

As party banners proliferate, some local governments have begun self-regulation. Incheon City passed an ordinance in June limiting party banners to four per electoral district and restricting their locations to designated posting boards, and has been enforcing mandatory removal since last month. However, the Ministry of the Interior and Safety filed a lawsuit with the Supreme Court in June, requesting the repeal of this ordinance, arguing that it violates the Local Autonomy Act due to the absence of a delegation clause in the higher law. According to Article 28 of the Local Autonomy Act, ordinances cannot impose restrictions on rights or obligations without a legal delegation. In response, the Incheon City Council submitted a request for a constitutional review, pointing out infringements on fundamental rights and equality caused by the proliferation of party banners.

The Ministry of the Interior and Safety also faces a dilemma. While somewhat sympathetic to local governments' opinions, it has the legal responsibility to restrain such actions. Shin Il-cheol, Director of the Living Space Policy Division, said at a forum held this month, "We need to pursue binding legal amendments to prevent the proliferation of party banners so that routine party activities can harmonize with environmental, safety, urban aesthetics, and fairness concerns." In a phone interview, Director Shin added, "Several related bills have been proposed in the National Assembly, and the Ministry is collecting opinions from local governments and the field to relay them to lawmakers."

However, there are pessimistic views that this situation will persist until next year's general election. Professor Choi Ho-taek of the Department of Public Administration at Paichai University said, "Because the election is imminent, the likelihood that parties will support legal amendments to regulate their own banners is low," adding, "Since there is effectively no alternative to legal amendments, continuous public interest is necessary at this time."

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