Kang Jong-man, Mayor of Yeonggwang-gun, Confirmed Again for 'Position Loss' Sentence Following 2008 Case

Supreme Court Confirms 2 Million Won Fine for 'Providing Money to Reporter'... Election Nullified

Former Yeonggwang County Governor Kang Jong-man, who was indicted for donating money to a local journalist before the election, has been confirmed to lose his position. On the 17th, the Supreme Court's 2nd Division (Presiding Justice Kim Sang-hwan) upheld the lower court's ruling that sentenced Kang to a fine of 2 million won for violating the Public Official Election Act.

The Supreme Court confirmed the lower court's (2nd trial) ruling that sentenced Kang to a fine of 2 million won. According to the law, if an elected public official is sentenced to a fine of 1 million won or more for violating the Public Official Election Act, their election is invalidated and they lose their position. As Kang, an elected official, loses his position, Yeonggwang County will switch to an acting official system and must hold a by-election in October.

The Supreme Court stated, "Kang's side only claimed the sentence was excessive when appealing the first trial," and "Claims that the lower court's ruling involved legal errors do not constitute valid grounds for appeal," thus dismissing the appeal.

County Governor Kang Jong-man.
Photo by Asia Economy DB

Kang was indicted for donating 1 million won to a local journalist A, who is his eighth-degree nephew, on January 2022, five months before the 8th nationwide simultaneous local elections, after requesting help.

Journalist A sent Kang a text message selling holiday fruit sets, and Kang was confirmed to have donated 1 million won as a gesture of support for the election. Kang admitted to providing the money but denied the charges, claiming the money was unrelated to the election.

Kang argued, "I gave 1 million won as pocket money after receiving a text asking to buy a holiday fruit set to help A, who is struggling financially," and insisted, "It was money unrelated to the election." He also claimed, "I did not ask for election support, and I had not expressed any intention to run at the time I gave the money."

Earlier, the 12th Criminal Division of Gwangju District Court (Chief Judge Kim Sang-gyu), which handled the first trial, found Kang guilty in June last year based on A's testimony and sentenced him to a fine of 2 million won, which corresponds to disqualification from office.

The first trial court stated, "The time Kang expressed his intention to run and the time of the donation were only about a month apart, which is sufficient to objectively recognize his intention to run," and "The intentionality of the donation is sufficiently established." It also said, "Despite having previously lost his position due to bribery charges, Kang did not restrain himself and violated the Public Official Election Act again," emphasizing the need for strict punishment.

Both sides appealed, claiming the sentence was unfair, but the second trial reached the same conclusion. The 1st Criminal Division of Gwangju High Court (Chief Judge Park Hye-sun) dismissed the appeal in November last year and upheld the original 2 million won fine.

The second trial court stated, "Kang called the complainant, his relative's grandnephew, to a separate meeting place and handed him an envelope containing 1 million won in cash, saying he could not buy fruit gifts in his name," and "It should be seen as a donation intended to ask for help in the election."

It added, "This directly undermines the legislative intent of the Public Official Election Act," and "Considering that the offense occurred only once, involved only one recipient, and was somewhat impulsive, the first trial sentence does not seem excessively heavy."

Kang sought the Supreme Court's judgment, claiming the sentence was unfair, but suddenly the key witness, journalist A, reversed his testimony, stating, "There was no request to help with the election." Kang's side then filed a perjury charge against journalist A. However, the Supreme Court noted that the investigation is ongoing and it has not yet been proven by a final judgment that perjury occurred.

The Supreme Court ultimately ruled Kang guilty in the appeal trial, separate from the perjury case. The court stated, "Kang only claimed the sentence was excessive when appealing the first trial," and "Claims that the lower court (2nd trial) made legal errors do not constitute valid grounds for appeal," thus finalizing the 2 million won fine.

As a result, Kang has twice been confirmed to lose his position during his term, leaving the stigma of having lost the county governor position twice. Kang was previously removed from office in 2008 after being sentenced to five years in prison by the Supreme Court. This was related to receiving a bribe of 100 million won from a local construction company through his wife during the Yeonggwang County sewage treatment plant project.

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