[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] Kim Sam-ho, mayor of Gwangsan District, Gwangju, lost his position as he was finally confirmed to be disqualified from election due to violation of the Public Official Election Act.
According to Gwangsan District on the 14th, the 2nd Division of the Supreme Court confirmed the original sentence of one year imprisonment with two years probation in the appeal trial of Mayor Kim, who was indicted for violating the Public Official Election Act, on the morning of the same day.
Elected public officials are disqualified from election if a fine of 1 million KRW or more is confirmed by the Supreme Court for violating the Public Official Election Act.
According to this ruling, Mayor Kim stepped down, and Gwangsan District will be operated under the acting mayor, Deputy Mayor Lee Don-guk, until June 30.
Mayor Kim was indicted for recruiting about 4,100 party members by mobilizing dozens of employees of the industrial complex, who were not allowed to campaign, between July and September 2017 during the preliminary candidate period in preparation for the party primary for the district mayor ahead of the 2018 local elections.
He is also accused of providing 150 boxes of 4 million KRW worth of mung bean sprouts and 300,000 KRW worth of golf expenses to about 150 employees who helped recruit party members.
In October 2018, the first trial court sentenced Mayor Kim to one year and two months imprisonment with two years probation, a sentence corresponding to disqualification from election.
Displeased with the ruling, Mayor Kim filed a constitutional review request during the appeal process, arguing that the Public Official Election Act excessively restricts election campaigning by industrial complex employees, which was accepted.
The Constitutional Court ruled that Article 60, Paragraph 1, Subparagraph 5 of the Public Official Election Act, which prohibits full-time executives and employees of local public corporations and industrial complexes from campaigning, violates the principle of proportionality and infringes on freedom of political expression.
The appeal trial for Mayor Kim was delayed for two years and five months due to the constitutional review and was held in December last year, but the second trial also partially overturned the original ruling and sentenced him to one year imprisonment with two years probation.
The appeal court stated, "Considering various circumstances, the defendant seemed to have been largely aware that his actions violated the official election law," and "Punishment commensurate with the damage to the fairness and transparency of the election is inevitable."
Mayor Kim appealed the court's ruling, but it was ultimately rejected, and he faced the dishonor of stepping down with 78 days left in his term.
Mayor Kim is scheduled to hold a retirement ceremony at 2 p.m. on the second floor of the district office building on the same day.
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