'Election Annulment for Pre-Appointment Campaign Manager Crimes'... Constitutional Court Upholds Public Official Election Act

Constitutional Court Dismisses Petition by Former Lawmaker Shin Youngdae

Yonhap News Agency

The Constitutional Court has ruled that the provision of the Public Official Election Act, which stipulates that a candidate's election can be annulled due to election crimes committed by an election campaign manager before their official appointment and registration, is constitutional. As a result of this decision, Shin Youngdae, a former lawmaker of the Democratic Party of Korea, who had already lost his seat after the Supreme Court confirmed the campaign manager's conviction, will not be able to regain his position.

On May 21, the Constitutional Court, by a vote of 6 to 3, ruled that Article 265 of the Public Official Election Act, which stipulates that if an election campaign manager commits an election-related crime before being officially appointed and registered and is sentenced to imprisonment or a fine of at least 3 million won, the candidate's election shall be annulled, is constitutional.

The Constitutional Court held that, even if the act was committed before the campaign manager's official appointment or registration, if it was ultimately intended to secure the candidate's victory, it cannot be considered an independent act unrelated to the candidate. The Court stated, "The election campaign manager is responsible for overseeing the entire election campaign organization, and activities related to the campaign manager are considered an extension of the candidate's own activities." The Court added, "This holds true even if the campaign manager had not yet been officially appointed or registered."

The Court also pointed out, "Election crimes committed by a campaign manager prior to official appointment or registration can influence the outcome of the election, and the ultimate benefit and effect accrue entirely to the candidate." It continued, "Even if the unlawful act was committed by the campaign manager, the benefit goes to the candidate, so it is consistent with the notion of fairness to hold the candidate accountable."

This case originated from an election crime committed by Kang, the campaign manager for Shin Youngdae during the 22nd general election in 2024. In November 2023, ahead of the general election, Kang was indicted for providing approximately 100 mobile phones registered under false names and 15 million won in cash to campaign staff during the party primary, with the intention of boosting Shin's support by enabling multiple responses in opinion polls. Shin narrowly defeated candidate Kim Euigyeom in the primary and went on to win the general election.

Kang was sentenced by the Supreme Court to one year in prison, suspended for two years, and 120 hours of community service. As a result, Shin's election was annulled under Article 265 of the Public Official Election Act. Shin filed a constitutional petition in March last year, arguing that it was unfair to hold the candidate jointly responsible for crimes committed in November 2023, before Kang's official appointment and registration as campaign manager (in January 2024). However, the Constitutional Court found the provision constitutional, and Shin ultimately received no relief.

However, three justices—Kim Sanghwan, Ma Eunhyuk, and Oh Youngjun—dissented, arguing that the provision violates the principle of personal responsibility and due process, thereby infringing on the right to hold public office. They stated, "It is unclear whether, at the time of the crime, a third party was actually given a status and role equivalent to that of a campaign manager." They further explained, "The provision in question imposes strict liability on the candidate solely based on the conviction of a third party, without considering whether the third party was essentially acting as a campaign manager, which violates the principle of personal responsibility."

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