Whether the act of offering money or goods can be punished prior to the date of public announcement under the Agricultural Cooperatives Act (negative)

In light of the contents and legislative history of Article 50 of the Agricultural Cooperatives Act, Article 50 (1) through (3) of the same Act prohibits unlawful acts in order to prevent election fraud and mixed election within a cooperative. Article 50 (4) of the same Act limits the methods of election campaigns in order to prevent an excessive competition and ensure fairness in election. Article 50 (4) of the same Act prohibits the attachment and distribution of propaganda posters, etc. other than those prescribed by the articles of association, the holding of joint speech speeches or public discussions, or other similar forms of election campaigns, and there are different penal provisions, respectively. Thus, Article 50 (4) of the same Act cannot be deemed as a supplementary provision applicable to Article 50 (1) through (3) of the same Act. Accordingly, it cannot be punished as a violation of Article 172 (1) and Article 50 (1) of the same Act, and thus, it cannot be interpreted as a violation of the principle of no punishment without the law.

Articles 50(1) and (4), 172(1) and (2) of the Agricultural Cooperatives Act

Defendant 1 and two others

Defendant 1, 3 and Prosecutor (Defendant 2)

Attorney Lee Won-won (for the defendant 1, 3)

Gwangju District Court Decision 2003No2455 Decided March 24, 2004

All appeals are dismissed.

We examine the grounds of appeal.

1. As to the grounds of appeal by Defendants 1 and 3

Examining the evidence of the first instance judgment maintained by the court below in light of the records, the court below is justified in finding the defendant 1's door-to-door visit and all of the criminal facts of this case as guilty of violation of the Agricultural Cooperatives Act due to the provision of money and goods by the defendant 3. The court below's judgment is not erroneous in the misapprehension of the rules of evidence, or in the misapprehension of the legal principles, as otherwise alleged in the ground of appeal.

2. As to the Prosecutor’s ground of appeal on Defendant 2

Article 50(1) of the Agricultural Cooperatives Act (hereinafter referred to as the "Act") prohibits an act of offering, expressing an intention to offer, or promising to offer money, goods, entertainment, other economic benefits, or public or private positions to an elector; Article 50(2) of the Act prohibits an act of slandering a candidate by disclosing false facts by means of a speech, poster, or other means; Article 50(3) of the Act prohibits an act of slandering a candidate by publicly stating facts; Article 50(4) of the Act provides that "no person shall do any act other than posting propaganda posters, distributing election campaign bulletins or small-sized printed materials, or holding joint speech speeches or public discussions; Article 172(1)5 of the Act provides that "no person shall do any act other than holding a public debate." Article 50(1)1 of the Act provides that "no person who violates the provisions of Article 50(1)9 of the Act shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 500,000 won; Article 172(2) of the Act provides no more than 97.10.

In light of the contents and legislative history of Article 50 of the same Act, Article 50 (1) through (3) of the Act prohibits unlawful acts in order to prevent election fraud and mixed election within a cooperative. Article 50 (4) of the Act limits the methods of election campaigns in order to prevent an excessive competition and ensure fairness in election. Article 50 (4) of the Act prohibits the attachment and distribution of propaganda posters, etc. other than those prescribed by the articles of association, holding a joint speech meeting or a public debate, or other similar forms of election campaign. Since the penal provisions differ separately, Article 50 (4) of the Act cannot be deemed as a supplementary provision applicable to Article 50 (1) through (3) of the Act. Accordingly, it cannot be punished as a violation of Article 172 (1) and Article 50 (1) of the Act, and it cannot be interpreted as a violation of the principle of no punishment without the law.

In the same purport, the court below is justified in holding that the act of the above defendant in the facts charged against the defendant 2's offering money and valuables to the head of the Jungan Agricultural Cooperative Association before February 9, 2002, which is the public notice date of the election day of the president of Sora Agricultural Cooperatives Cooperatives, does not constitute an election campaign prohibited under Article 50 (4) of the Act, and the decision of not guilty as to this part of the facts charged is justified, and there is no error of law by misunderstanding

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Shin-chul (Presiding Justice)