Supreme Court Confirms Election Nullification Sentence for Former Justice Party Lawmaker Lee Eun-ju for Election Law Violation

The conviction of former Justice Party lawmaker Lee Eun-ju, who was prosecuted for violating the Public Official Election Act and other laws during the party primary process, has been finalized.

The Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) on the 15th upheld the lower court's ruling sentencing Lee to 8 months in prison with a 2-year probation in the final appeal trial on charges of violating the Public Official Election Act and other offenses.

Former Justice Party lawmaker Eun-Joo Lee. Photo by Hyunmin Kim kimhyun81@

The court stated the reason for dismissing the appeal, saying, "There is no error in the lower court's judgment that found guilt for violating the Public Official Election Act and the Political Funds Act, nor was there a failure to conduct necessary hearings, violation of the rules of logic and experience, exceeding the limits of free evaluation of evidence, misinterpretation of the legal principles regarding the establishment of the offenses, or application of unconstitutional legal provisions."

Lee was prosecuted in October 2020 on charges of conducting illegal election campaigns during the process of running in the April 15, 2020 general election (violations related to the installation of election offices under the Public Official Election Act, restrictions on primary election campaign methods, prohibition of donation acts, and bribery related to the party primary) and violations of the Political Funds Act.

He was accused of providing food worth about 370,000 won to members of the "Subway Workers to the National Assembly" task force organized for his election, paying a total of 7.5 million won in salaries to the election office situation room chief and the executive team leader, and making support solicitation calls at night, which is prohibited by election law, during the party primary campaign.

Additionally, Lee was charged with illegally receiving political funds amounting to 3.12 million won from 77 members of the Seoul Metro labor union between September and November 2019.

The first trial court found all these charges guilty and sentenced him to 10 months in prison with a 2-year probation. The second trial court overturned the guilty verdict only for the nighttime support solicitation calls and sentenced him to 8 months in prison with a 2-year probation.

Lee was also accused of campaigning while holding the position of policy director of the Seoul Metro labor union, where election campaigning is prohibited, but this charge was excluded from the indictment during the first trial after the Constitutional Court ruled the related regulation unconstitutional in June 2022.

The prosecution also charged Lee and election office staff with illegally soliciting support calls to party members during daytime hours, but this was dismissed as the Public Official Election Act was amended to allow such election campaigning methods.

Lee appealed, but the Supreme Court dismissed the appeal, finding no error in the appellate court's judgment.

Meanwhile, the Public Official Election Act stipulates that if a winner is sentenced to a fine of 1 million won or more for election law violations in the election in which they were elected, their election is invalidated.

However, Lee resigned on the 24th of last month before the Supreme Court ruling, and the parliamentary seat was already succeeded by lawmaker Yang Kyung-gyu. There has been no change in the Justice Party's number of seats. Lee was elected as a proportional representative lawmaker, number 5 on the list, in the 21st general election held in 2020.

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