[1] Whether an organization supports and recommends a specific candidate is included in the facts of “career” in the crime of publishing false facts under Article 250(1) of the Public Official Election Act (negative)

[2] In a case where the Defendants were indicted on charges of publishing false information for the purpose of causing Gap to win a candidate at the election of the head of a local government, the case holding that the judgment below erred in the misapprehension of legal principles as to the interpretation of Article 250 (1) of the Public Official Election Act, on the ground that the distribution of false report materials to the effect that the voters of a certain region forming a meeting of a local council declared the candidate Gap's support for the candidate Gap, or the act of writing

[1] Article 12(1) of the Constitution, Article 1(1) of the Criminal Act, Articles 64(5) and 250(1) of the Public Official Election Act / [2] Article 250(1) of the Public Official Election Act

[1] Supreme Court Decision 2010Do16942 Decided March 10, 201 (Gong2011Sang, 790)

Defendant 1 and one other

Defendants

Law Firm LLC et al.

Seoul High Court Decision 2011No219 decided March 11, 2011

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

Article 250(1) of the Public Official Election Act provides that “A person who publishes or makes another person publish false facts [including cases where he/she is not published in the manner provided for in Article 64(1) in cases where he/she publishes academic background] with respect to the place of birth, status, occupation, career, property, personal activity, act, organization to which he/she belongs, etc. of a candidate, his/her spouse, lineal ascendant or descendant, lineal ascendant or descendant, or sibling, in favor of a candidate (including a person who intends to become a candidate; hereafter the same shall apply in this Article] by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means for the purpose of distributing a propaganda document containing false facts, shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.” Here, the term “career, etc.” refers to a candidate’s “career, academic background, degree, or punishment” of the candidate’s “a candidate’s private action or punishment (see Article 64(5) of the Public Official Election Act). 2).

The court below held that although there was no statement of the intention to support the non-indicted in the 5th nationwide local election campaign implemented on June 2, 2010 by the executives of the Seongdong-gu and the 100 persons in Yong-Nam-nam region and the 100 persons in the 5th regional election of Sung-nam region, the defendants distributed news report materials to the effect that "10 persons in Yong-Nam-nam region and 25 persons in the 25 persons in the 10th branch of the 10th regional meeting and the 25 persons in the 25th branch of the 19th regional meeting" have declared the support for the non-indicted candidate, as stated in each criminal facts in the judgment of the defendants, or that they published false facts concerning the "career, etc." of the non-indicted candidate, the court below erred by misapprehending the legal principles on "career, etc." under Article 250 (1) of the Public Official Election Act, which affected the conclusion of the judgment

The ground of appeal pointing this out is with merit.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)