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(영문) 대법원 2018.07.26 2015도1379
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the allegation of the grounds of appeal related to the omission of obligation, (1) pursuant to Article 65(1) and (6) of the former Public Official Election Act (amended by Act No. 13617, Dec. 24, 2015; hereinafter the same), the candidate may prepare one type of the book-type election campaign bulletin for the election campaign. If the candidate submits it to the competent Si/Gun election management committee, the election management committee send it to each household within its jurisdiction, and according to Article 65(8) subparag. 1 of the Act, the status of property, which is the open data of the candidate, shall be inserted in the second page of the book-type election campaign bulletin, but the status of property of the candidate, his/her spouse, and his/her lineal ascendant and descendant shall be inserted in the total amount of each property.

In addition, Article 250(1) of the former Public Official Election Act provides that a person who publishes or makes another person publish false facts about a candidate, his spouse or lineal ascendant or descendant, property of a sibling, etc. in favor of the candidate by means of a speech, broadcast communication, newspaper, communication, poster, propaganda document, or other means, and who holds for the purpose of distributing propaganda documents containing false facts, shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.

The legislative purpose of Article 250 (1) of the former Public Official Election Act is to ensure the fairness of election by publicly announcing false facts and regulating acts that affect the right judgment of electors.

There is no separate provision defining "property" as stipulated in the above provision.

According to Article 49 (4) 2 of the former Public Official Election Act, a person applying for registration of a candidate shall submit a report on the property to be registered pursuant to Article 10-2 (1) of the Public Official Ethics Act. Thus, the meaning of the property to be registered pursuant to the Public Official Ethics Act can be interpreted based on the property to be registered pursuant to the Public Official Ethics Act.

The open information disclosure system of candidates under Article 49 of the former Public Official Election Act is based on the fair competition obligation of political parties, candidates, etc. participating in the election.

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