Deletion of "Act" from Article 250, Paragraph 1 of the Public Official Election Act
Joo Hoeyoung Protests: "An Attempt to Avoid a Guilty Verdict"
Chairman Shin Junghoon: "Excessive Restriction on Freedom of Expression"
On May 7, the Democratic Party of Korea convened a plenary session of the National Assembly Public Administration and Security Committee and tabled a proposed amendment to the Public Official Election Act, which aims to revise the clause on the crime of disseminating false information. The People Power Party objected, arguing that the Democratic Party was pushing the bill through without sufficient deliberation, and denounced it as an exoneration law for Democratic Party presidential candidate Lee Jaemyung.
That afternoon, the Public Administration and Security Committee, led by the Democratic Party, held a plenary session at the National Assembly and unilaterally tabled the amendment to Article 250 of the Public Official Election Act, which pertains to the requirements for the crime of disseminating false information.
The amendment, proposed by Democratic Party member Shin Junghoon on May 2, centers on deleting the term "act" from the requirements for the crime of disseminating false information in Article 250. Under the current Article 250, Paragraph 1, it is prohibited to announce false information about birthplace, family relations, occupation, career, assets, or acts, among others, through speeches, broadcasts, or communications, for the purpose of winning an election.
Shin explained, "Abstract and broad terms like 'act' make it difficult for voters or candidates to predict the precise scope of the law's application," and added, "There is criticism that even simple suspicions or minor expressions can become subject to criminal punishment, and that the mandatory nullification of election results excessively restricts freedom of expression."
Chairman Shin Junghoon Entering the Public Administration and Security Committee Meeting Room(Seoul=Yonhap News) Photo by Kim Joosung - On the 7th, Shin Junghoon, chairman of the National Assembly Public Administration and Security Committee, passes in front of People Power Party members shouting slogans opposing the sole passage of the Public Official Election Act amendment bill and enters the committee meeting room. 2025.5.7
utzza@yna.co.kr (End)
Within political circles, the amendment has been interpreted as being related to the Supreme Court's recent decision on May 1 to overturn and remand the Public Official Election Act case of Democratic Party presidential candidate Lee Jaemyung with a guilty verdict.
Before the bill was tabled, committee members engaged in heated debate over the fairness of the amendment. Cho Seunghwan of the People Power Party warned, "This amendment is not limited to a specific presidential candidate, but is a broad law that could also apply to local and entrusted elections," and added, "If the term 'act' is deleted, it could result in permitting lies related to elections." He argued that such a unilateral deletion, without due procedure or process, cannot be accepted.
Joo Hoeyoung, also of the People Power Party, questioned both the timing and content of the amendment, criticizing it as "an attempt to avoid a guilty verdict for a specific individual right before the election."
Lee Dalhee pointed out that the amendment was proposed immediately after the Supreme Court's remand decision regarding candidate Lee Jaemyung, strongly criticizing it as "an exculpatory law that undermines political neutrality and seeks to induce acquittal through legislative change." Lee emphasized, "We must restore procedural legitimacy, independent of the political context."
In contrast, Democratic Party lawmakers stressed the necessity of the amendment, arguing that freedom of expression must be protected. Chae Hyunil of the Democratic Party stated, "The freedom of election campaigning must be guaranteed. The current law is an abstract and broad regulation that stifles freedom of expression," and argued, "Through this amendment, we must block arbitrary intervention by political prosecutors and the judiciary, and protect democracy."
Chairman Shin emphasized, "With the perception that the judiciary is intervening in elections, the National Assembly must not stand by. It is an irrational situation where the ringleader of an insurrection walks free while the accomplices stand trial."
If the amendment to the election law is passed by the National Assembly and promulgated, it is expected that the grounds for a guilty verdict in Lee Jaemyung’s Public Official Election Act case will be eliminated, increasing the likelihood that he will avoid punishment. This is because, during a trial, if the law changes in a way that is favorable to the defendant, the new law is applied.
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