‘Violation of Public Official Election Act’ Assemblyman Bae Jun-young Acquitted in Entirety on Appeal

First Trial: Partial Charges Acquitted or Dismissed → Appeal Court: "Not Illegal Intra-Party Primary Campaigning"

[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] 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 21st general election, was acquitted in the appellate court following the first trial.

The Criminal Division 7 of the Seoul High Court (Presiding Judge Lee Gyu-hong) acquitted Bae on the 22nd of charges of violating the Public Official Election Act. Four others, including former employees of the Incheon Economic Research Institute who were tried alongside Bae, were also acquitted in the appellate court after receiving dismissals in the first trial on the grounds that they could not be punished due to amendments to the election law.

Bae was non-custodially indicted on charges of pre-election campaigning by appealing for support at events such as the Ongjin County Residents' Day in May and August 2019 and the Ganghwa County Sports Association event 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.

In the first trial, the court ruled that "the salaries paid by Bae to the former employees of the Incheon Economic Research Institute (who were co-defendants) were compensation for ordinary work consistent with the institute's founding purpose and cannot be seen as payment related to election campaigning," and acquitted him.

Furthermore, the court dismissed charges related to Bae’s alleged pre-election campaigning and illegal intra-party primary campaigning by collecting 21 membership applications, stating that these acts could not be punished due to last year's amendments to the election law.

However, the appellate court judged that the loss of penal effect due to the Constitutional Court's ruling of unconstitutionality constitutes grounds for acquittal rather than dismissal, and acquitted Bae of all charges. The court also ruled differently from the first trial regarding the recruitment of responsible party members, finding it difficult to recognize it as intra-party primary campaigning and similarly acquitted him.