1.(a)

Article 272-2 (1) of the Public Official Election Act stipulates to the effect that a member or employee of the election commission may make an inquiry and investigation into the relevant persons with respect to the investigation of election crimes, and Article 146-3 (3) of the Public Official Election Management Regulations provides that "a member or employee of the election commission may take necessary measures, such as the recording of the contents of questions and answers, recording or video recording, photographing, reproduction or collection of the documents related to election crimes, when deemed necessary in the course of performing his/her duties of investigation." Thus, the employee of

Meanwhile, Article 272-2(6) of the Public Official Election Act provides that a member or employee of the Election Commission shall present an identification card indicating his/her status to the person concerned and explain his/her purpose and reason in cases where the member or employee of the Election Commission makes inquiries or makes a request for submission of the data concerning election crimes. This procedural provision is to prevent infringement on the person concerned who is under investigation, his/her right to privacy, right to decide his/her information on him/her, and right to property. Thus, the "purpose and reason of investigation" that the employee of the Election Commission provides prior explanation to the person concerned includes the summary of the suspicion of election crimes to be investigated, the reason

Therefore, in a case where a member or employee of the Election Commission recorded a statement without informing the relevant person of the fact that the statement is recorded, the recording file or a recording recording recorded based on such investigation procedure constitutes “Evidence collected in violation of due process” under Article 308-2 of the Criminal Procedure Act and cannot be used as evidence of guilt in principle.

(b).