‘Illegal Election Campaign Fine’ Kim Eo-jun to Receive Criminal Compensation of Around 7 Million Won

Broadcaster Kim Eo-jun, who was indicted for illegal electioneering during the 19th general election but was mostly acquitted, will receive approximately 7 million won in criminal compensation.

Former SisaIN reporter Joo Jin-woo (left) and broadcaster Kim Eo-jun. [Image source=Yonhap News]

According to the official gazette on the 9th, the Seoul High Court Criminal Division 12-2 (Presiding Judges Bang Woong-hwan, Kim Hyung-bae, Hong Ji-young) decided to pay Kim 7,092,000 won as compensation for expenses. Criminal compensation is a system that allows defendants who have been acquitted to claim compensation from the state for damages caused by detention or trial.

Previously, Kim and former SisaIN reporter Joo Jin-woo were prosecuted for holding eight rallies and campaigning with loudspeakers during the electioneering period from April 7 to 10, 2012, aiming to influence the election.

The first trial sentenced both to a fine of 900,000 won each, but most charges were overturned in the second trial. The second trial court recognized only the part where Kim used a loudspeaker on April 7 at the "Conceptual Concert for Voting Participation," saying, "'Gaka' must be judged by you," and "This election is not about Kim Yong-min but about judging 'Gaka'." The court judged that Kim’s use of the loudspeaker was intended to defeat the Saenuri Party (predecessor of the People Power Party) candidate and was not a speech, talk, or debate permitted under the Public Official Election Act.

Accordingly, Kim was fined 300,000 won, and former reporter Joo was acquitted of all charges. This ruling was finalized by the Supreme Court in April last year.

Kim and former reporter Joo were prosecuted in September 2012, but it took 10 years and 7 months for a final verdict due to two unconstitutional rulings by the Constitutional Court on provisions of the Public Official Election Act. The Constitutional Court ruled unconstitutional the provisions banning electioneering by journalists and electioneering through assemblies. Regarding these provisions, Kim and former reporter Joo had their prosecutions dismissed or were acquitted.