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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents