excessively long period before the election, and has recommended the Korean government
to fully guarantee the right to freedom of expression, including the open and free exchange
of information and opinions on election and candidate-related issues. Many countries around
the world, including the United Kingdom, the United States, Germany, and Japan, also have
election-related regulations. However, compared to Korea's Public Official Election Act, the
focus is on regulations related to election expenses rather than regulation of election
activities, or regulation of election campaigns is limited to regulations targeting candidates
and political parties.158)
Of course, freedom of election and freedom of political expression cannot be guaranteed
without fairness in elections. The forum for communication can be distorted depending on
economic power, access to the media, and social influence if there are no specific restrictions
on means of expression during elections. However, since freedom of political expression is
a fundamental right essential to the principle of democracy, regulations for securing fairness
in elections and maintaining order should be kept to a minimum so as not to overly restrict
the freedom of political expression.
From this perspective, various regulations under the current Public Official Election Act
prohibit such comprehensive and general actions that it is difficult to know specifically what
methods of election campaign are permitted to voters, and therefore, it seems necessary to
reexamine in the direction of guaranteeing voters' freedom of political expression. With this
decision of the Constitutional Court, the National Assembly has an obligation to amend the
Public Official Election Act. It is necessary to consider and discuss what actions of voters
who are not candidates fall within the scope of ‘election campaign’ under the Public Official
Election Act and whether it is necessary to regulate it, premised on the revision of the Public
Official Election Act, and by considering the opinions of civil groups and experts.
158) Seo, Bok-kyeong, Freedom of Voter Expression and Direction of the Election Act Amendments: Focusing on
Comparing the Electoral System of Major Countries, Materials from the Discussion on the Direction of
Amendments After the Public Official Election Act was Ruled Unconstitutional, 2022.
61
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