'Kim ○○ Choice!' Holding a Signboard for Party Primary Campaign... Fine Confirmed

[Financial News] Ahead of the 22nd general election, a preliminary candidate who held a signboard with his name during the party primary campaign was confirmed to receive a fine.
According to the legal community on the 22nd, the Supreme Court's 3rd Division (Presiding Judge Lee Suk-yeon) confirmed the original judgment that sentenced lawyer Kim to a fine of 500,000 won for violating the Public Official Election Act.
Kim registered as a preliminary candidate for the People Power Party in a constituency during the 22nd general election held in April last year and ran in the party primary. The primary was conducted through a public opinion poll, and Kim was brought to trial on charges of holding a signboard with the phrase 'Receive the primary opinion poll call 02 and choose Kim ○○!' before the poll.
Article 57-3 of the Public Official Election Act lists the methods of election campaigning allowed in party primaries, and 'wearing or displaying shoulder bands or signboards for election campaigning' is not allowed.
The first trial sentenced Kim to a fine of 500,000 won. Kim argued that he did not recognize the illegality, but it was not accepted.
The first trial court pointed out, "The defendant is a lawyer registered as a preliminary candidate for the 22nd National Assembly election," and "He could have easily known the prohibited methods of party primary campaigns by reviewing the Public Official Election Act regulations or checking related materials guided by the election commission."
It also clarified that 'public election' and 'party primary' are distinctly different.
Article 60-3 of the Public Official Election Act stipulates that a preliminary candidate can campaign by 'wearing or displaying a signboard indicating a preliminary candidate,' but the court explained, "Article 57-3 of the Public Official Election Act does not list such methods as allowed primary campaign methods."
Kim appealed, but the judgment of the Supreme Court was the same as the second trial.
The Supreme Court dismissed the appeal, stating, "There is no error in the original judgment's understanding of the legal principles regarding party primary campaigns and the recognition of illegality as defined by the Public Official Election Act."

jisseo@fnnews.com Seo Min-ji Reporter