Supreme Court Confirms 800,000 Won Fine for Jeong Jang-seon, Mayor of Pyeongtaek, for Election Law Violation... Retains Mayoral Position

Ahead of the June 1, 2022 local elections, Jeong Jang-seon, mayor of Pyeongtaek City, Gyeonggi Province, who was indicted for violating election laws, received a confirmed fine of 800,000 KRW. Although Mayor Jeong was found guilty, he was able to retain his mayoral position as the fine was less than 1,000,000 KRW.

According to the legal community on the 27th, the Supreme Court's 2nd Division (Presiding Justice Lee Dong-won) upheld the original court ruling that sentenced Mayor Jeong to a fine of 800,000 KRW for violating the Public Official Election Act.

Jeong Jang-seon, Mayor of Pyeongtaek.

The court stated the reason for dismissing Mayor Jeong’s appeal was that "there was no error in the lower court’s judgment that violated the rules of logic and experience or exceeded the limits of free evaluation of evidence, nor was there a misinterpretation of the legal principles regarding 'acts promoting achievements' as stipulated in Article 86, Paragraph 1, Subparagraph 1 of the Public Official Election Act."

It also stated, "The prosecutor argued that the fine of 800,000 KRW imposed by the lower court was too light and unfair. However, according to the interpretation of Article 383, Subparagraph 4 of the Criminal Procedure Act, the prosecutor cannot appeal solely on the grounds that the sentence is too light."

Article 383 (Grounds for Appeal) Subparagraph 4 of the Criminal Procedure Act stipulates that appeals on the grounds of inappropriate sentencing are limited to cases where the death penalty, life imprisonment, or imprisonment for ten years or more is imposed.

Mayor Jeong was accused of holding a groundbreaking ceremony for the demolition of the Pyeongtaek Station arcade shopping building on April 5, 2022, 57 days before the local elections, which began in December 2021.

Article 86 (Prohibition of Acts Influencing Elections by Public Officials, etc.) Paragraph 2, Subparagraph 4 of the Public Official Election Act prohibits holding or sponsoring various events such as cultural lectures, business briefings, public hearings, professional group meetings, sports events, senior citizen events, civil complaint consultations, and other events from 60 days before the election day until the election day.

However, exceptions are made for ▲ events held or sponsored by law ▲ events that cannot achieve their purpose unless held on a specific day or period ▲ acts for relief or recovery from natural disasters or other calamities ▲ acts to resolve collective or urgent civil complaints.

Mayor Jeong was also accused of sending text messages containing promotional content about achievements such as the signing of the implementation agreement for the construction of Ajou University Hospital and the groundbreaking ceremony for the demolition of the Pyeongtaek Station arcade shopping building to 7,000 unspecified voters ahead of the local elections in April 2022.

The first trial court acquitted Mayor Jeong of both charges.

Regarding the charge of holding an event within 60 days before the election, the court judged, "It is reasonable to consider that the groundbreaking ceremony for the demolition in this case falls under the exception of 'events that cannot achieve their purpose unless held on a specific day or period' as stipulated in Article 86, Paragraph 2, Subparagraph 4 (b) of the Public Official Election Act."

It was considered that the purpose or intention of planning the groundbreaking ceremony was not to declare or commemorate the start of construction work but to promote the demolition work to ensure the safety of citizens using the surrounding space and the safe evacuation of residents, based on testimonies from related parties and the fact that the planning process of the ceremony was not unusual.

Regarding the timing of the event, the prosecutor argued that "the groundbreaking ceremony should have been held on the originally agreed groundbreaking date at the time of the demolition contract or after the residents’ relocation was completed and the full-scale demolition of the shopping building began."

However, the court stated, "If the intention or purpose of planning the groundbreaking ceremony was to encourage voluntary relocation of residents to ensure safe construction, holding the ceremony around December 20, 2021, the groundbreaking date stipulated in the demolition contract, would be contrary to the purpose of the proviso in Article 81, Paragraph 1 of the Urban and Residential Environment Improvement Act, as it would urge residents to relocate before compensation was completed. Holding the ceremony after the residents’ relocation is completed would be a futile event as the purpose would no longer be necessary, so this argument is difficult to accept."

Meanwhile, the first trial court stated regarding the charge of sending text messages promoting achievements, "In the regulatory framework of the Public Official Election Act, the term 'achievement' in the prohibited 'acts promoting achievements' cannot be interpreted to include all content that may act as positive evaluation material influencing elections, but should be understood as referring only to 'already achieved results or public merits'."

It added, "Conversely, content such as 'disclosing future plans and promising to implement them' or 'being a person suitable for achieving given goals in the future or matching future prospects,' even if it may act as positive evaluation material influencing elections, is difficult to consider as included in 'acts promoting achievements.'"

Regarding the problematic text message about the "signing of the implementation agreement for Ajou University Hospital construction," the court pointed out that the message specified Pyeongtaek City as the subject of the signing, indicating that the act was on behalf of the city and not a personal act of Mayor Jeong, and there was no specific description of any personal contribution by Mayor Jeong to the signing.

Additionally, the court noted that the text message about the "groundbreaking of the demolition of the Pyeongtaek Station arcade shopping building" merely conveyed that demolition had started and that the Pyeongtaek Station plaza would be developed into a new space, without specific details about any contribution by Mayor Jeong to the groundbreaking, and that phrases like "Pyeongtaek Station plaza will be reborn as a citizen-centered complex cultural plaza" or "will become a new representative space" could not be considered descriptions of past achievements.

However, the second trial court’s judgment differed.

The second trial court partially accepted the prosecutor’s appeal, overturned the first trial court’s ruling on the violation of the Public Official Election Act due to promotion of achievements by a public official, and sentenced Mayor Jeong to a fine of 800,000 KRW.

First, the court stated, "Regarding the legislative intent and related legal principles of Article 86, Paragraph 1, Subparagraph 1 of the Public Official Election Act, whether sending a particular text message constitutes 'promotion of achievements' under the provision should be judged from the perspective of the general public, especially voters, based on the specific circumstances at the time of the act." It added, "Considering various objective factors such as the prediction or confirmation of a specific election at the time, the timing of the act relative to the election day, the content and context of the act, and the relationship between the actor and the candidate, if the content of the problematic text message can be perceived as a social act or activity that may serve as positive evaluation material for the candidate or prospective candidate in a specific election, then sending such a message constitutes an act that may influence the election and falls under the prohibited promotion of achievements under Article 86, Paragraph 1, Subparagraph 1 of the Public Official Election Act."

The court further judged, "The text messages received by the voters in the electoral district can be perceived as social acts or activities that may serve as positive evaluation material for the defendant, who seeks to become a candidate in the Pyeongtaek mayoral election." It concluded, "Sending text messages containing content about the signing of the implementation agreement for Ajou University Pyeongtaek Hospital or the groundbreaking ceremony for the demolition of the Pyeongtaek Station arcade shopping building to approximately 7,000 voters just 53 days before the 8th nationwide simultaneous local elections constitutes an act of promoting the defendant’s achievements."

On the other hand, the court recognized the exception allowed by the Public Official Election Act for holding the groundbreaking ceremony within 60 days before the election, consistent with the first trial court’s ruling.

The Supreme Court also found no problem with the second trial court’s judgment.

Mayor Jeong was confirmed to be fined 800,000 KRW and thus can maintain his mayoral position.

Article 264 (Invalidation of Election Due to Election Crimes of Elected Persons) of the Public Official Election Act states, "If an elected person is sentenced to imprisonment or a fine of 1,000,000 KRW or more for crimes stipulated in this Act or Article 49 of the Political Funds Act in the relevant election, the election shall be invalid."

In other words, elected public officials lose their office only if they are confirmed to have received a fine of 1,000,000 KRW or more or imprisonment for violating the Public Official Election Act or the Political Funds Act in the election in which they were elected.

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