All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. Article 12(1) of the Constitution of the Republic of Korea declares the principle of due process under Article 12(1) and Article 12(2) of the Constitution of the Republic of Korea with respect to the admissibility of evidence of the written reply to the Election Commission on F, thereby guaranteeing the right to refuse to make statements as the fundamental right of the people.

The purpose of this is to eradicate non-human confessions and advisers in relation to criminal liability and to guarantee human dignity and value.

However, in the procedure where the right to refuse to make a statement is guaranteed, the right to be notified of the right to refuse to make a statement can not be derived from Article 12 (2) of the Constitution.

Article 272-2 of the former Public Official Election Act (amended by Act No. 1211, Aug. 13, 2013; hereinafter the same) provides that a member or employee of an election commission may inquire into the persons concerned in relation to the investigation of election crimes, but does not have any separate provision regarding the notification of the right to refuse to make a statement, and Article 244-3(1) of the Criminal Procedure Act, which provides for notification of the right to refuse to make a statement to a suspect by an investigation agency, cannot be said to apply to the investigation procedure of a member

On the other hand, Article 272-2(7) of the Public Official Election Act, amended by Act No. 12111 of August 13, 2013, newly established Article 272-2(7) that stipulates that "this Act shall enter into force on the date of its promulgation," but Article 1 of the Addenda provides that "This Act shall enter into force on the date of its promulgation," and the former Public Official Election Act shall apply to the procedures for the investigation conducted before its enforcement

Ultimately, members and members of the election commission are related to the investigation of election crimes at the time of the enforcement of the former Public Official Election Act.