Request for Constitutional Review Filed After Appealing Retrial Verdict
Civic Groups Suspect "Tactic to Retain Mayoral Position"... Citizens Ask "Why Raise the Issue Only Now?"
As Park Sangdon, the mayor of Cheonan, has been sentenced to forfeiture of his elected position in a retrial for violating the Public Official Election Act, there is growing speculation about the background of his request for a constitutional review of the law.
Mayor Park was indicted for allegedly using his official position for electioneering during the 2022 local elections and for violating the election law by omitting the population standard when listing the city’s unemployment and employment rates in campaign materials.
The court of first instance acquitted Mayor Park, but the appellate court found that he had committed implicit negligence by failing to fulfill his duty to verify, sentencing him to 18 months in prison, suspended for two years.
The Supreme Court overturned the appellate ruling in part, sending the case back to the Daejeon High Court, taking into account that Mayor Park was not aware of the omission of the population standard.
On January 17, the Daejeon High Court sentenced Mayor Park to six months in prison, suspended for two years. However, Mayor Park has appealed the retrial verdict. According to the current Public Official Election Act, if a sentence of a fine of 1 million won or more is confirmed, the election result is nullified.
It has been confirmed that Mayor Park’s side has requested a constitutional review of the relevant election law provisions to the Constitutional Court ahead of the Supreme Court’s ruling, leading to criticism that this is a delaying tactic.
Given that the 6-3-3 principle applies to election law violation cases, the Supreme Court is expected to issue a ruling as early as April or May.
However, if the court accepts Mayor Park’s request for a constitutional review and refers the case to the Constitutional Court, the finalization of the sentence could be delayed until the Constitutional Court makes its decision, allowing him to remain in office for a considerable period.
An official from a civic group stated, “Since it takes a significant amount of time for the Constitutional Court to reach a decision, there is strong suspicion that this is a trick to maintain his position as mayor,” adding, “This is not for the benefit of Cheonan’s administration, but rather to prolong his own political career.”
A citizen criticized, “If Mayor Park truly believed the election law was unconstitutional, why did he remain silent during the trial and only raise the issue now?” and added, “I hope he will act as a responsible politician for the citizens.”
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