'Opinion Manipulation Charges' Shin Young-dae of DPK Loses Parliamentary Seat as Supreme Court Upholds Conviction

[Financial News] The Supreme Court of Korea has upheld the conviction of Shin Young-dae, a DPK lawmaker, and his former campaign manager for manipulating opinion polls during the party’s primary for the general election. According to the Public Official Election Act, if a campaign manager receives a prison sentence or a fine of 3 million won or more, the candidate’s election is nullified. As a result, Shin Young-dae has lost his seat in the National Assembly.
The Supreme Court of Korea’s First Division, presided over by Justice Shin Sook-hee, finalized the lower court’s ruling, which sentenced Mr. Kang, Shin’s former campaign manager, and two others to prison for violating the Public Official Election Act.
In December 2023, ahead of the 22nd general election, Mr. Kang was accused of providing 15 million won and a large number of burner phones to Mr. Lee, the former secretary general of the Gunsan City Sports Association for the Disabled, and systematically encouraging false responses regarding gender and age in the party’s primary opinion poll.
Shin Young-dae narrowly won the primary and was subsequently nominated, later winning the general election.
In the first trial, Mr. Kang received a one-year prison sentence suspended for two years. Shin’s current aide, Mr. Shim, and former aide, Mr. Jeong, were each sentenced to one year and four months in prison. They appealed, but the appellate court dismissed their appeals and upheld the original sentences.
Mr. Kang and others argued that the Prosecution Service was not authorized to investigate the case directly and that the indictment itself was unlawful. They also claimed that the evidence, including 99 mobile phones and survey response data, was collected illegally. However, the appellate court rejected these arguments.
The Supreme Court of Korea also dismissed the appeal regarding Mr. Kang’s charges of bribery and inducement under the Public Official Election Act, confirming the sentences. The court stated, "The lower court did not violate the rules of logic and experience or misunderstand the legal principles regarding the offense under the Public Official Election Act."

hwlee@fnnews.com Lee Hwan-joo Reporter