Mokpo Branch Grants Injunction Request

Park Sunghyun, a former preliminary candidate for Gwangyang mayor whose eligibility was revoked during the Democratic Party primary process, has been granted the opportunity to run as an independent candidate following a court decision. The court ruled that "disqualification due to external factors" does not fall under the Public Official Election Act’s restrictions on primary losers running again, thus reshaping the Gwangyang mayoral race into a fierce contest between the Democratic Party and independent candidates.


On May 8, the Civil Division 1 of the Gwangju District Court Mokpo Branch (Presiding Judge Jang Chansu) accepted Park’s request for an injunction to prohibit the Democratic Party’s Jeonnam Provincial Chapter from submitting the primary candidate list. The court also ordered the Jeonnam Provincial Chapter to issue a corrected notice stating, “Candidate Park is not a Democratic Party primary candidate.”

Court.

Court.

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Previously, Park had been stripped of his candidacy by the Democratic Party after being accused of operating an illegal phone bank and providing money and valuables, which led him to declare an independent run. The Democratic Party, citing the Public Official Election Act clause that bars primary losers from running in the same constituency, argued that Park could not run as an independent, sparking controversy.


However, the court sided with Park. The court stated, “The Jeonnam Provincial Chapter of the Democratic Party deprived Park of candidate status on the 5th of last month, and the actual primary vote took place on the 7th and 8th. Therefore, Park was no longer eligible as a candidate during the primary,” concluding that he was ultimately not a primary candidate.


The court further explained, “It is reasonable to interpret that the restriction on running for office under the Public Official Election Act does not apply when candidacy is lost due to external factors, such as disqualification, as opposed to a voluntary withdrawal. To restrict candidacy in such cases would constitute an arbitrary and discriminatory interpretation of the election law.”


At a press conference that day, Park stated, “The negative campaigning from the opposition went too far, but I endured by believing only in the citizens,” adding, “As a proud independent candidate, I will revitalize Gwangyang’s stagnant economy.”



With this court ruling, the Gwangyang mayoral race has now become a contest among Jeong Inhwa, who passed the Democratic Party primary, Park Pilsun, who left the Korea Innovation Party, and independent Park Sunghyun. However, with the possibility of the Democratic Party filing an appeal and the ongoing investigation into the illegal phone bank, controversy surrounding the election is expected to continue for the time being.


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

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