Violation of Public Official Election Act
Court Sentences Fine of 1 Million Won
The head of a welfare center who provided a vehicle to an elderly person with mobility difficulties on the early voting day of the general election was sentenced to a fine.
The Criminal Division 1 of the Busan District Court Western Branch (Chief Judge Lee Jin-jae) sentenced A, the head of a center for the disabled, who was indicted for violating the Public Official Election Act, to a fine of 1 million won, Yonhap News reported on the 30th.
On April 6, the last day of early voting for the 22nd National Assembly election, voters lined up at the early voting station in Myeongil 1-dong, Gangdong-gu, Seoul. Photo by Yonhap News
A was prosecuted on charges of taking seven beneficiaries of the welfare center by vehicle to the early voting station on April 6, the early voting day of the last general election, saying, "I will give a ride to those who want to vote." The Public Official Election Act prohibits transporting voters by vehicle to the polling station for the purpose of making them vote.
A claimed, "Providing the vehicle was part of the social participation training of the welfare center, and I only guided beneficiaries with mobility difficulties to the early voting station," adding, "This is not against social norms and is a justifiable act, so it is not illegal." However, the court did not accept this. Since voters with mobility difficulties can receive transportation convenience such as vehicles and activity assistants through the Election Commission or the Disabled Association, the court found it difficult to consider that the defendant’s act of providing a vehicle without properly confirming this met the requirements of urgency and subsidiarity, which are conditions for justifiable acts.
The court further explained the sentencing reason, saying, "The sentence was decided considering that the defendant did not properly know the provisions of the Public Official Election Act and provided convenience to beneficiaries with mobility difficulties, and it is hard to see that there was an intention to undermine the fairness of the election."
Meanwhile, last month, a county council member who was prosecuted for transporting voters to the polling station on the general election day was also sentenced to lose their position.
At the sentencing hearing held on the 30th of last month at the Criminal Division of the Cheongju District Court Yeongdong Branch (Presiding Judge Shin Yoon-joo), the prosecution requested a fine of 1.5 million won for Park Han-beom, a county council member of Okcheon-gun, Chungbuk, who was indicted for violating the Public Official Election Act (bribery and inducement). If a fine of 1 million won or more is confirmed, Councilor Park will lose his position. Park was prosecuted for taking four voters in his vehicle to the polling station around 8:30 a.m. on April 10 in Gunseo-myeon, Okcheon-gun, Chungbuk.
The sentencing hearing for Councilor Park will be held at 1:50 p.m. on the 18th of next month.
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