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

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