Residence Kimhae-si o0 Dong 613-14

Permanent domicile Kimhae-si 00 Dong921

2. 00 (55000-1000) poo

Residence Kim-si 0 Dong 151-16

Permanent domicile Kim Jong-si 0 Dong 667

A. On September 7, 2005, the applicant filed a complaint with the Changwon District Public Prosecutor's Office "The suspect Park ○, who is currently a member of the Changhae City Council and is currently a member of the 4th local government election that will take effect on May 31, 2006, shall be a candidate for the election of the Kimhae City City Council member, and the suspect Park ○, who is not a candidate for the election of the council member of the Kimhae-si Council member, shall be a candidate for the election of the council member of the council of Kimhae-si. According to the Public Official Election Act, not only the candidate for the head of the local government but also any person may make a contribution or have any other person do so. However, on May 18, 2005, the suspect Park ○ requested the suspect Park ○, who is a suspect, to make a donation of 500,000 won to the suspect Park ○ on May 18, 2005."

B. On October 24, 2005, the prosecutor who investigated the above accusation case was not prosecuted against the suspect for lack of evidence as follows.

(1) The suspect bambed ○

Although it is recognized that 00,000 won was provided by ○○○○ upon the Defendant’s request of Gab○○○○○○○○○○, the suspect was aware that the above act was not in conflict with the election law by requesting Gab○○○○○○ to publish the advertisement on the Association’s book, and then transferred 50,000 won to the election commission through the election commission, and did not actually confirm whether the advertisement was in conflict with the election law, and did not contribute money by labing out the advertisement expenses. Even according to the evidence, it is difficult to recognize that ○○○○○○○○’s act of donation was not in conflict with the election commission’s instruction, and it is difficult to recognize that ○○○○○○○’s act of donation was not in conflict with the election law, and it was difficult to recognize that 500,000 won was transferred to Gab○○○○, a suspect’s act of donation, which was not in conflict with the election law.

(2) The suspect bambed ○

Although the fact that ○○○○ was provided with KRW 500,00 in connection with the event of the Association by the suspect ○○○○○○, the suspect’s ○○○ was aware of the fact that ○○○ was offered with the above money, upon questioning as to whether the act of ○○○○○○’s Park Park’s act of receiving advertising expenses from a member of the City Council was in conflict with the election law, the number of advertising expenses would be at issue, and then, the suspect attempted to receive 50,000 won as advertising expenses, and then run an advertisement on the Association book. However, in light of the nature of the book, it is difficult to recognize that ○○○○○○○○ was given with the above money and valuables, and it is difficult to acknowledge that ○○○○○’s act of receiving advertising expenses from a member of the City before receiving the above money, separately from the fact that ○○○’s act of receiving the above money and valuables, it is difficult to acknowledge that ○○○’s act of receiving the above money and valuables.

C. However, according to the evidence, although the prosecutor could fully recognize the suspect's crime of violation of the Public Official Election Act, it is unreasonable for the prosecutor to institute a non-prosecution as above.

2. The judgment of this Court

(a) Facts of recognition;

Review of the records of this case reveals the following facts.

(1) 피의자들은 현재 김해시 의회 의원이고 피의자 박○○은 김해시 의회 의장인 바 , 2005년 5월을 기준으로 2006. 5.31. 시행될 제4회 전국동시지방선거에서 피의자 박 ㅇㅇ은 김해시장 선거의, 피의자 박○○은 김해시 의회 의원 선거의 각 입후보예정자 였다.

(2) At around 1995, club members, who enjoy artistic activities by inserting letters or paintings on the face (debt) among the people living in Kimhae-si, have organized an exhibition to exhibit works of its members once every year, and held an exhibition to exhibit works of its members. The suspect Park Jong-○ was, after the completion of the nine-time exhibition held in 2004, elected as the president of the Association by its members.

(3) From July 22, 2005 to the 27th day of the same month, the suspect Park ○ requested cooperation to the person who prepared the 10th exhibition of the Association to open the 10th day from July 22, 2005.

(4) From about 20 years ago, ○○○○ operated a gas station, approximately 15 cases per year, and 20 cases of the above gas station have been advertising. Around May 2005, around 2005, the suspect Park ○○ offered a letter on the face of his/her liability upon the request of the suspect Park ○○ to display the material to an association exhibition. Since long, the suspect Park ○○ asked to publish the material to be presented to the Association by gathering the material to be presented to the Association from the suspect Park ○○○, and requested to publish the advertisement of ○○○○.

(5) The suspect ○○○ appears to know about the election management committee because it could be in conflict with the election law to the suspect ○○○○○○, and the suspect ○○○ was in accordance with the question as to whether the advertisement room related to the candidate ○○○○○’s event at the election management committee in Kimhae-do could be run in relation to the event of the association at the Kim Jong-do, and Kim ○ stated that the advertisement of the candidate ○○○ operated by the suspect ○○○ was possible as part of the business activity, but the advertisement on which the photograph or name of the candidate ○○○ may be in conflict with the election law.

(6) As a result of the confirmation by the election commission of the suspect ○○○○○, the suspect ○○ had known that the advertisement of the business would not be problematic, but the suspect ○○○ again confirmed once again. As so, he asked again Kim ○○ at a more specific time to ask about whether he would give or receive advertising expenses and whether he would be able to use the advertising expenses for the purpose of holding events by advertising the business entity of the candidate ○ at the present time by posting the phone, and Kim ○ did not have any problem in advertising the candidate ○○, and he provided an explanation about about 20 minutes of the above answers, such as the candidate’s photograph, name, etc., when advertising, and by inserting the advertisement, he could be a violation of the election law.

(7) The Defendant ○○○, who consented to the above Kim○○’s telephone call from the Defendant ○○○○○, was 1 million won as advertising expenses and 500,000 won as advertising expenses were too much, and on May 18, 2005, remitted KRW 50,000 to the Association through the old ○○○○’s book in charge of parliamentary affairs in Kimhae-si.

(8) The suspect Park Poe-○ argued that the board of directors of the open association related to the publication of the exhibition book should include photographs, etc., and that the advertisement should be carried out by ○○○○○, etc., but the majority of the participants opposed that it does not correspond to the nature of the book printed by the artistic works, the last chapter of the book "** 10 ○○○, ○○, ○○, ○○○, ○○○, ○○, and ○00, ○○○, ○○○, and ○00, ○○○○, ○○○○, and ○0, ○○○, was accompanied by the last 10-time exhibition book." However, the above phrases were published in the first 10-time exhibition book.

B. In light of the above facts, it is difficult to recognize that the suspect committed a crime of violation of the prohibition of donation under Article 257 of the former Public Official Election Act, and there is no other evidence to acknowledge it.

Therefore, the prosecutor's non-prosecution disposition of this case is just, and there is no error in the judgment.

3. Conclusion

Therefore, the applicant's petition for adjudication of this case is dismissed in accordance with Article 273 (2) of the Public Official Election Act and Article 262 (1) 1 of the Criminal Procedure Act, since all of the petition is without merit.

May 30, 2006

People of the Republic of Korea

Park Do-young