Supreme Court of Korea overturns acquittal of Jang Ye-chan over distorted poll disclosure and remands case

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\r\n[Financial News] Jang Ye-chan, vice president of the Yeouido Institute who ran in Suyeong District, Busan in the April 10, 2024 general election, received a ruling from the Supreme Court of Korea recognizing the guilty intent regarding the charge of distorted disclosure of opinion poll results. However, the charge that he entered false academic credentials at the time of candidate registration has been finally acquitted.
\r\nThe Supreme Court Third Division (presiding Justice Lee Sook-yeon of the Supreme Court of Korea) on the 15th set aside the lower court’s ruling and remanded the case in relation to the charge that Jang Ye-chan, vice president of the Yeouido Institute, violated the Public Official Election Act by distorting and publishing opinion poll results.
About a week before voting day in the 2024 general election, Jang ranked third among the candidates, recording 27.2% in response to a question about the probability of winning in a published opinion poll. However, Jang cited an 85.7% response rate for himself to a separate question asking about “the likelihood of victory for the candidate you support” and distributed campaign materials bearing the phrase “Jang Ye-chan ranks first in opinion poll on likelihood of victory.”
The court of first instance found that Jang had the intent to publish false information and to distort the poll results, and convicted him. The appellate court, however, reversed this and acquitted him, reasoning that because the figures for the three candidates shown in the campaign material added up to more than 100, voters would not be misled about the candidates’ chances of winning. 
The Supreme Court of Korea, however, reached a different conclusion. It focused on the fact that the phrase “Jang Ye-chan! Ranked No. 1 in opinion poll on likelihood of victory!” was printed in the largest font at the very top of the campaign material.
The bench stated, “Ordinary voters could reasonably perceive from this that Jang ranked first in the category of likelihood of victory in the opinion poll,” adding, “When determining whether there has been publication of false information under the Public Official Election Act, the overall impression conveyed to voters must be the standard. The lower court’s ruling is based on a misunderstanding of the legal meaning of publishing distorted opinion poll results under the Public Official Election Act.”
The Supreme Court of Korea, however, upheld the acquittal on the charge that Jang entered false academic credentials. Jang had dropped out of a music college in the Netherlands, but when registering as a candidate for the general election he listed his education as “Bachelor of Music program at Conservatorium Maastricht in the Netherlands,” and was charged with publishing false information. The court held that although the description was somewhat exaggerated, it did not constitute false information.
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hwlee@fnnews.com Lee Hwan-joo Reporter