‘Election Law Violation’ Im Jongseong, Opposition Lawmaker, Sentenced to Suspended Prison Term in Final Appeal... Loss of Parliamentary Seat Confirmed (Update)

The Supreme Court confirmed a suspended prison sentence on the 8th for Lim Jong-seong, a member of the Democratic Party of Korea, who was tried on charges of violating the Public Official Election Act. As a result, Rep. Lim lost his seat with only about four months remaining in the 21st National Assembly term.

The Supreme Court's First Division (Presiding Justice Kim Seon-su) upheld the original ruling sentencing Rep. Lim to four months in prison with a two-year suspension. According to the National Assembly Act and the Public Official Election Act, a lawmaker who is sentenced to imprisonment or higher (including suspended sentences) loses their eligibility to run for office and thus their seat.

Im Jong-seong, Democratic Party of Korea lawmaker Photo by Yonhap News

The Supreme Court stated, "There is no error in the original judgment that found the defendants guilty, nor did it violate the principle of free evaluation of evidence beyond the limits of logic and experience. There was no misapplication of legal principles regarding the provision of money or goods related to election campaigning, donation acts in violation of the Public Official Election Act, the relationship between offenses, justification for illegality, or application of unconstitutional legal provisions."

Rep. Lim conducted election campaigning for Lee Jae-myung, then the Democratic Party's presidential candidate, during the 20th presidential election held in March 2022. In the process, he was indicted for violating the Public Official Election Act by providing money or meals to election staff and local officials. He is accused of instructing one election staff member to pay 800,000 won on March 8, 2022, and giving 300,000 won each to two other election staff members as a token of appreciation.

He is also accused of inviting eight officials from an organization to a meal before the 8th nationwide local elections in April of the same year, having a Democratic Party prospective candidate attend, and paying 467,000 won for the meal.

Rep. Lim denied the charges during the trial, but both the first and second trial courts found him guilty and sentenced him to four months in prison with a two-year suspension.

Rep. Lim appealed, but the Supreme Court dismissed the appeal on the day, upholding the lower court's ruling as appropriate.