[Asia Economy Reporter Park Hyesook] Bae Jun-young, a member of the People Power Party (Incheon Jung-gu, Ganghwa, Ongjin), who was prosecuted for alleged pre-election campaigning ahead of the April 15 general election last year, was acquitted in the first trial.
The Criminal Division 13 of Incheon District Court (Chief Judge Ho Seong-ho) acquitted Bae, who was indicted for violating the Public Official Election Act, at the sentencing hearing held on the 8th, and dismissed some of the charges.
Four others, including former employees of the Incheon Economic Research Institute, who were indicted on the same charges, were also acquitted or had their charges dismissed.
A dismissal is a ruling in a criminal trial where the prosecution is deemed inappropriate due to failure to meet litigation conditions, such as when the statute of limitations has expired or the punishment clause was abolished after the crime.
Bae was non-detained indicted for allegedly appealing for support at events such as the Ongjin County Residents' Day event and the Ganghwa County Sports Association event around May and August 2019, ahead of the general election.
He was also accused of paying salaries to two employees of the Incheon Economic Research Institute, where he served as chairman, and having them perform various election-related tasks such as preparing for a publication commemorative event, organizing local issues, and obtaining contact information for reporters covering the National Assembly.
However, the court ruled, "The salaries paid by Bae to the former employees of the Incheon Economic Research Institute (who were indicted together) are considered compensation for ordinary work consistent with the institute's founding purpose, and it is difficult to see them as payments related to election campaigning," and acquitted him.
Additionally, the court dismissed charges related to Bae's alleged pre-election campaigning or illegal intra-party primary campaigning by collecting 21 membership applications, stating that these cannot be punished under the revised election law enacted last year.
The court stated, "After the defendant was indicted, a provision was newly added to the election law stating that 'verbal election campaigning is not punishable.' Recruitment activities for party members do not exceed the scope of ordinary party activities and therefore do not constitute intra-party primary activities."
Article 59, Paragraph 4 of the election law, revised in December last year, permits election campaigning by phone or verbally at times other than election day.
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