(Comprehensive) Assemblyman Andogul Ahn Acquitted of Election Law Violations in First Trial... Avoids Loss of Seat

Ando-gul Ahn, a member of the Democratic Party representing Gwangju Donggu Namgu-eul, is expressing his position in front of the courtroom building at Gwangju District Court on the afternoon of the 30th after being acquitted in the first trial of a case involving violations of the Public Official Election Act. Photo by Min Hyunki

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Ando-gul Ahn, a member of the Democratic Party representing Gwangju Dongnam-eul, who was put on trial for allegedly conducting illegal election campaigning in collusion with his cousin during the last general election, was acquitted in the first trial. The campaign finance manager who was indicted alongside him also avoided a sentence that would have resulted in the loss of his position, allowing Assemblyman Ahn to escape the risk of losing his seat.

On January 30, the 12th Criminal Division of the Gwangju District Court (Presiding Judge Park Jaeseong) acquitted Assemblyman Ahn, who had been charged with violating the Public Official Election Act, the Political Funds Act, and the Personal Information Protection Act.

The court sentenced Ahn's cousin, identified as Mr. A, who was indicted together with him, to one year in prison with a two-year suspended sentence. Eleven other individuals, including campaign office staff, received fines and other penalties.

Assemblyman Ahn was indicted on charges of conspiring with his cousin, Mr. A, to send a total of 51,346 mass text messages soliciting support using an illegal automated messaging system at a phone promotion center in Hwasun, South Jeolla Province, during the Democratic Party primary for the April 10 general election from December 2023 to February of last year.

He was also charged with violating the Political Funds Act for allegedly paying 25.54 million won in compensation to ten people responsible for sending the messages and receiving 43.02 million won in corporate funds from Mr. A under the pretext of operating expenses for the "Andogul Ahn Economic Research Institute." In addition, he faced charges of violating the Personal Information Protection Act for allegedly receiving the personal information of 431 constituents from an acquaintance without consent.

Previously, prosecutors had sought a sentence of one year and six months in prison, a fine of 3 million won, and a forfeiture of 43.02 million won for Assemblyman Ahn, which would have resulted in the loss of his seat.

Regarding the key issue of "collusion," the court stated, "While Assemblyman Ahn may have been aware of and tolerated Mr. A's electioneering activities, it is difficult to conclude that he conspired to send messages or employ staff to provide money in the illegal manner prohibited by the election law."

On the mass messaging, the court explained, "If there had been an intent to violate the election law, which limits each batch to 20 recipients, an automated program would have been used. Given that several people were hired to send the messages manually, it is hard to see this as evidence of an awareness of illegality."

On the violation of the Political Funds Act, the court found, "Mr. A intended to settle the expenses later, and Assemblyman Ahn's side also intended to repay them, so it is difficult to define this as an illegal donation." Regarding the violation of the Personal Information Protection Act, the court said, "There was no way to restrict the information that was unilaterally provided," and did not recognize intent.

Immediately after the verdict, Assemblyman Ahn said, "I am grateful to the court for revealing the truth," and added, "This verdict serves as a warning against the biased and reckless investigations by law enforcement under the previous administration." He continued, "I hope backward political practices of refusing to accept election results and attempting to put opponents in trouble will disappear. I will devote myself even more to improving people's livelihoods going forward."

Meanwhile, elected officials lose their seats if they are confirmed to have violated the Public Official Election Act or the Political Funds Act with a fine of 1 million won or more, or if their spouse or campaign finance manager is confirmed to have received a fine of 3 million won or more.

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