[Breaking] Constitutional Court Rules Unconstitutional the 'Person Seeking Candidacy' Clause in Election Law's Candidate Defamation Crime

The Constitutional Court has ruled that the part concerning 'those who intend to become candidates' in Article 251 of the Public Official Election Act on defamation of candidates excessively infringes on political freedom of expression and is unconstitutional.

On the 27th, the Constitutional Court, with a 6 (unconstitutional) to 3 (constitutional) decision, declared the part of Article 251 of the Public Official Election Act regarding 'those who intend to become candidates' unconstitutional.

Article 251 (Defamation of Candidates) of the Public Official Election Act states, "Any person who publicly states facts by speech, broadcasting, newspapers, communications, magazines, posters, campaign documents, or other methods with the purpose of electing, helping to elect, or preventing the election of a candidate (including those who intend to become candidates), his/her spouse, direct ascendants or descendants, or siblings, shall be punished by imprisonment for up to three years or a fine of up to 5 million won. However, if the facts are true and concern the public interest, no punishment shall be imposed."