Supreme Court Confirms 900,000 Won Fine for Lawmaker Song Jae-ho's Election Law Violation... "Retains Assembly Seat"

Song Jae-ho, Member of the Democratic Party of Korea [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Song Jaeho, a member of the Democratic Party of Korea who was prosecuted for spreading false information during the 21st National Assembly election, has had a fine of 900,000 won confirmed by the Supreme Court.

Since a member of the National Assembly must receive a confirmed sentence of a fine of 1 million won or more for violating the Public Official Election Act for their election to be invalidated, Song will retain his position as a member of the Assembly.

On the morning of the 28th, the Supreme Court's First Division (Presiding Justice Park Jeonghwa) upheld the lower court's ruling that sentenced Song to a fine of 900,000 won in the appeal trial for violating the Public Official Election Act.

Previously, on April 7, ahead of the April 15 general election last year, Song was campaigning at the Jeju Folk Five-Day Market and stated that he asked President Moon Jae-in to attend the April 3 commemoration ceremony and promise the residents to amend the April 3 Special Act, which led to his prosecution for spreading false information under the election law.

Additionally, on April 9 of the same month, during a candidate debate hosted by the Jeju Provincial Election Commission on a broadcasting station, Song was accused of spreading false information by claiming that he worked without pay while serving as the chairman of the National Balanced Development Committee.

The first trial sentenced Song to a fine of 900,000 won. At that time, the court found Song's campaign remarks to be "reasonably considered as expressing specific facts" and ruled guilty. However, the court acquitted him of the unpaid work statement made during the TV debate, interpreting it as an explanation of the campaign at the five-day market.

The second trial also upheld the first trial's ruling, finding the five-day market campaign guilty and the broadcast debate remarks not guilty, sentencing him to a fine of 900,000 won.

The Supreme Court agreed with this judgment. The court stated, "The lower court did not err in its understanding of the law regarding the publication of false facts under Article 250, Paragraph 1 of the Public Official Election Act, the falsehood of the facts, the purpose of election, and the recognition of falsehood," dismissing both the prosecutor's and Song's appeals.