installation of facilities and distribution of printed materials (Articles 90(1)(1) and 93(1)).150)
Moreover, if you have been prosecuted for holding a press conference during the 21st
National Assembly Election in 2021, 20th Presidential Election in 2022 and 8th Simultaneous
National Local Election, the verdict of not guilty was declared because the clause that served
as the basis for the prosecution became invalidated pursuant to the aforementioned
unconstitutional decision, and the people who have already been convicted are said to have
requested a retrial.151)
B) Criticism of Restricting the Voters’ Freedom of Expression Under the Public
Official Election Act
Opinion expression is, in principle, included in the protected area of freedom of
expression, no matter what the object is, but the degree of constitutional protection differs
for each subject and area. Political expression, particularly in the electoral process, has a
high place in the protection of freedom of expression. Elections are an indispensable premise
of representative democracy because in order to fairly elect the representatives, the people
must have easy access to relevant information.152)
However, even the expressions during elections or political processes are not absolutely
free, and some regulations are allowed under certain conditions to properly reflect the true
will of the people and ensure fairness in elections. The Public Official Election Act was
enacted to prevent irregularities during elections for fair and democratic process, and the
freedom of expression is partially restricted in the election process to achieve this goal.
In the past, as related to various regulatory provisions under the Public Official Election
Act, there was also a view that securing the fairness of elections by preventing illegal
election campaigns was more required than in other countries considering the experience of
fraudulent elections in Korean society.153) Article 90(1)(1) of the Public Official Election
150) If the National Assembly does not amend the above article, the above article will be invalidated.
151) Incheon Today, Provision on prohibiting the “anti-campaign” held unconstitutional…2016 Election Net appeals,
Nov. 9, 2022.
152) Park, Yong-sang, Campaigns and Freedom of Expression, Treatise on the Constitution, Book 11, Constitutional
Court, 2000.
153) Constitutional Court, Decided on Dec. 20, 2001, 2000HunBa96/2001HunBa57
59
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents