Act, which was ruled unconstitutional by the Constitutional Court, has remained in election-related laws since the enactment of the ‘Public Assembly Member Election Act’ in 1958.154) There have been opinions that the anti-campaign is a threat to the tranquility and fairness of the election due to reckless black propaganda. However, there is a lot of consensus, recently, on the point that the current Public Official Election Act does not reflect the changes in the election environment, excessively restricts political expression, and lacks institutional mechanisms for guaranteeing the right to vote.155) The expression of opinions by civil groups and the general public regarding the suitability of a specific candidate during the election period has become commonplace online, and concerns about elections influenced by financial power, government authority, and violence are decreasing. This view argues that the Public Official Election Act restricts many of the acts starting with ‘anyone’ to target the entire public, and prohibits and punishes too many acts. In 2022, the Constitutional Court discussed the unconstitutionality of many provisions of the Public Official Election Act. However, the overall purpose of unconstitutionality penetrating all decisions reiterate that the regulations under the Public Official Election Act excessively restrict voters' freedom of expression, and therefore, in-depth discussions and revisions of the Public Official Election Act are necessary.156) C) Need to Amend the Public Official Election Act to Guarantee Freedom of Expression In his 2011 report on visit to Korea,157) the UN Special Rapporteur pointed out that the provision in Korea's Public Official Election Act that prohibits the installation of facilities and the distribution of printed materials broadly restricts political discussions for an 154) Constitutional Court, Decided on Apr. 24, 2014, 2011HunBa17/2012HunBa391 155) National Assembly Legislative Research Service, Issues and Arguments, The National Election Commission's opinion the amendments to the Public Official Election Act and tasks for improvements, 2016. 156) Kim, Seon-hyu, Discussion, materials and discussion papers on the direction of revision after the Public Official Election Act was ruled unconstitutional, 2022. 157) Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, 2011(A/HRC/17/27/Add.2). 60

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