All appeals are dismissed.

The costs of appeal are assessed against the defendant.

1. Whether there is a voting right in an election under the Public Official Election Act or the Local Education Autonomy Act (hereinafter referred to as the “Education Autonomy Act”) or in an election under the Local Education Autonomy Act shall be governed by each relevant Act, unless otherwise provided in other Acts.

And whether there is a voting right to an election criminal in violation of the penal provisions of the relevant Act should be determined by the Public Official Election Act and the Education Autonomy Act implemented at the time of the election regardless of when the violation was committed.

2. The grounds of appeal are examined. A.

Article 2 of the Public Official Election Act provides that "this Act shall apply to the election of the presidential election, members of the National Assembly, members of local council, and heads of local governments," and Article 18 (1) 3 of the same Act provides that "five years after a fine of at least one million won is sentenced as of the election day and the sentence becomes final or ten years have not passed since the suspended sentence becomes final or ten years have not passed since imprisonment was sentenced and the decision not to execute the sentence becomes final or ten years have not passed since the execution of the sentence was terminated or exempted (including persons whose sentence becomes invalidated)" and Article 18 (2) of the same Act provides that "election crime" means a person who commits a crime provided for in Chapter 16 penal provisions and a violation of the National Referendum Act.

However, there is no provision that limits the right to vote in the election of public officials in the process of the election of the superintendent of education in the election of public officials.

On the other hand, Article 49 of the Education Autonomy Act lists specific provisions of the Public Official Election Act and the penal provisions thereof in detail, and applies mutatis mutandis to the election of the superintendent of the Office of Education.