they are the same as election campaigns for the election of other candidates; therefore, they
are subjected to regulation under the Public Official Election Act.144) In other words, if a
person who is not registered as an election worker campaigns to defeat a specific candidate
through methods, such as gathering signatures, distributing handouts, marches, etc., rather
than simply expressing opinions, such person may be subjected to criminal punishment for
violating the Election Act.
There was criticism that these regulations under the Public Official Election Act
excessively restricted the political freedom of voters during the election period and in fact
created election offenders.145) The National Election Commission also submitted opinions
on legislative amendments to the National Assembly in Apr. 2021 that included abolishing
Articles 90 and 93(1) of the Public Official Election Act.146)
The Constitutional Court decided that these provisions of the Public Official Election Act
excessively restrict the freedom of expression of voters. The provision prohibiting the
holding of assemblies and gatherings to influence the election during the election period
(Article 103(3) of the Public Official Election Act) is considered to be in violation of the
Constitution by completely banning and punishing matters that need not be regulated,147)
and the provision prohibiting the installation of facilities and the distribution of printed
materials to influence the election from 180 days prior to the election day (Articles 90(1)(1)
and 93(1)) also excessively restricts the freedom of expression of voters beyond the
necessary scope.148)
According to the decision of the Constitutional Court, the part of Article 103(3) of the
Public Official Election Act that “no one shall hold other assemblies or gatherings to
influence the election during the election period” became invalid,149) and the National
Assembly has until Jul. 31, 2023 to legislate improvements on the provision that prohibits
144) Supreme Court, Decided on Apr. 27, 2004, 2002Do315
145) Minbyun, 2022 Korea Human Rights Report, Dec. 2022.
146) National Election Commission Press Release, Apr. 2021.
147) Constitutional Court, Decided on Jul. 21, 2022, 2018HunBa164
148) Constitutional Court, Decided on Jul. 21, 2022, 2017HunBa100 / 2021HunBa19 / 2021HunGa5 / 2021HunGa6 /
2021HunBa207 / 2021HunBa232 / 2021HunBa298
149) The part that prohibits “hometown associations, family associations, alumni associations, unity meetings, or picnics
to influence the election during the election period,” which is not subjected to the judgment, remains valid.
58
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