Prosecution Clears Han Donghun of Charges for Criticizing Gwak Nohyun: "Difficult to See as Opposing Election"

Insufficient Evidence, Pointing Out Institutional Issues

Handonghun, former leader of the People Power Party, who was reported to the authorities for allegedly criticizing Gwak Nohyun, then a progressive candidate, during last year's by-election for Seoul Superintendent of Education, has been cleared of all charges by the prosecution.

According to the legal community on April 18, the Seoul Central District Prosecutors' Office issued a "no charge" decision for Handonghun on April 15, citing insufficient evidence regarding the alleged violation of the Local Education Autonomy Act.

According to the non-indictment statement posted on Facebook the same day by Park Sangsoo, spokesperson for Handonghun's presidential primary campaign, the prosecution stated that Handonghun's remarks "could be interpreted as pointing out institutional problems with a person who has failed to fulfill the obligation to return election cost reimbursements running for office again, and as offering his own alternatives. It is difficult to conclude that the remarks were solely intended to oppose the complainant's election."

Handonghun, former leader of the People Power Party, is declaring his presidential candidacy in front of the National Assembly fountain on the 10th. Photo by Kim Hyunmin

The statement continued, "The intention behind criticizing the complainant's candidacy is that it is inappropriate for someone who was convicted of violating the Public Official Election Act for bribing an opposing candidate in a past Seoul Superintendent of Education election, and who was removed from office as a result, to run again for the same position without returning the election cost reimbursements. There is no indication that the remarks were a criticism of the complainant's policies."

Handonghun's comment, such as "Gwak's appearance is one of the most anti-educational scenes in recent history," was also evaluated as "not so much a criticism of the complainant's qualifications as superintendent, but rather a criticism of the current legal system and the situation in which the complainant is able to run for election again under this system."

In September last year, Gwak, then a preliminary candidate, filed a police report against Handonghun, claiming, "Although party leaders are not permitted to intervene in superintendent elections, Handonghun influenced the election by causing voters to have a negative perception of me, thereby interfering in the superintendent election."