[1] The meaning of "other advertisements" under Article 90 of the Public Official Election and Prevention of Unlawful Election Act

[2] The case holding that the "other advertisements" under Article 90 of the Act on the Election of Public Officials and the Prevention of Election Malpractice do not constitute the "other advertisements" distributed in the name of the so-called "voluntary pigs" in the name of the so-called "voluntary pigs" in the presidential election process to deliver the election funds to the general public

[3] The degree of signature and seal affixed to punish a violation of Article 107 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[4] The case holding that the act of receiving contact information (such as name, E-mail address, telephone number, etc.) in the name of the so-called "probed swine" distributed to the general public in the presidential election process in order to collect and deliver election funds from the general public does not constitute an act of signing under Article 107 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

[1] Other advertisements referred to in Article 90 of the Act on the Election of Public Officials and the Prevention of Election Malpractice do not mean "the entire media materials informing the public of specific matters or information widely by means of letters, diagrams, pictures or other similar signs," but they mean "the whole media materials which are similar to signboards, standing signboards, placards, posters, leaflets and others similar thereto that can be seen by the public continuously or for a certain period and can be freely passed by the public," in light of the fact that "a outdoor advertisement means signboards, standing signboards, placards, posters, leaflets, leaflets and others similar thereto which are displayed to the public continuously or continuously (excluding the portion corresponding to "door" among the definition of outdoor advertisements)," it is interpreted that "the advertisement is limited to "those similar to outdoor advertisements".

[2] The case holding that, in the presidential election process, the swine savings itself distributed in the name of so-called "propating pigs" in the name of so-called "propating pigs" to the effect that they will receive and deliver election funds from the general public is used only for the purpose of gathering money by being kept in an ordinary place such as an individual's home, and it cannot be viewed as "the achievement of the purpose of advertisements by indicating it to the general public for a commercial or certain period," and it does not constitute "other advertisements" under Article 90 of the Act on the Election of Public Officials

[3] The provisions of Articles 255(1)18 and 107 of the Act on the Election of Public Officials and the Prevention of Election Malpractice are stipulated to guarantee the fair exercise of voting rights by prohibiting an elector from exercising voting rights, inasmuch as there is a risk that, in the event of seeking a signature or seal to support or oppose a specific candidate prior to voting, the signature or seal is psychologically bound by the signature or seal affixed by the elector to prevent the elector from carrying out a fair voting according to the elector’s free will. Thus, in order to punish the provision under this provision, it should be recognized that at least the elector expressed his/her intention to support or oppose a specific candidate, namely, the signature or seal that shows his/her intention to restrict the elector’s free will.

[4] The case holding that the act of receiving contact information (name, E-mail address, telephone number, etc.) on the part of the general public to collect and deliver election funds from the general public during the presidential election does not constitute an act of signing under Article 107 of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act, on the ground that it cannot be deemed that the act of receiving contact information (name, E-mail address, telephone number, etc.) on the part of the so-called "probed swine" distributed in the name of "

[1] Article 90 of the Act on the Election of Public Officials and the Prevention of Unlawful Election, and Article 2 subparagraph 1 of the Outdoor Advertisements, etc. Act / [2] Articles 90 and 256 (2) of the Act on the Election of Public Officials and the Prevention of Unlawful Election / [3] Articles 107 and 255 (1) 18 of the Act on the Election of Public Officials and the Prevention of Unlawful Election / [4] Articles 107 and 255 (1) 18 of the Act on the Election of Public Officials and the Prevention of Unlawful Election

Defendant 1 and one other

Maximum decorations

Attorney Kim Young-il

Defendants are not guilty.

1. Summary of the facts charged

Defendant 1 is a member of the National Participation Movement Headquarters under the Newcheon Democratic Party, and Defendant 2 is a member of the so-called so-called "Labor Suppression" (hereinafter referred to as "private placement"), and a member of the National Participation Movement Headquarters. For the purpose of the 16th presidential election conducted on December 19, 2002, the Defendants want to become a candidate of the Newcheon Democratic Party in the 16th presidential election conducted on December 19, 2002:

A. Defendant 1, in collusion with five or more members of the National Participatory Campaign Headquarters, in collusion;

On November 21, 2002, from around 19:40 to 20:41 on the same day, money collected in front of the theater located in Jung-gu Seoul, Jung-gu, Seoul, and after establishing a table, "after being established..... ordinary people are divided into names stating "satisfying or the world," and at the request of the sponsor list of "....... will receive support in the list of supporters.... will receive support in support of candidates for labor on the one hand, and the liquor tax is required...." From about 300 electors signed together with support money and distributed approximately 30 advertisements.

B. The Defendants conspired with 16 members of the National Participation Movement Headquarters from 13:00 to 14:30 on the 23th of the same month in collusion with the names of the members of the National Participation Movement Center, and divided the following: (a) from 14:30 on the same day to 15:00 on the same day in front of the Cho Jong-dong Bank located in the same Dong from 14:30 on the same day; and (b) from 15:00 on the same day to 16:50 on the same day, the head of the Simbbb in front of the theater located in the same Dong, and divided the list after collecting money and installing a consignee, and distributed approximately 30,00 on the same day. The Defendants participated in the sale of pigs to sell pigs and distributed a desired swine during the main time by using a loudspeaker. The passage of the Defendant, including “I have divided pigs for a clean politics.” The electors obtained signature with support payments from approximately 3,000, and distributed approximately 30,00.

2. Defendants’ assertion

Recognizing that the Defendants divided them into the general public, who are disadvantageous to one another at the same time and place as the facts charged, and that the Defendants had the people receiving the said swine shot in advance enter the name and contact details on the prepared paper;

A. The above actions by the Defendants are not aimed at changing the existing political and election culture, including the financing of imprudent elections, and changing the existing political and election culture of the Defendants and making a clean election that the people voluntarily raised, but not for the election of the candidates for the labor union formation, or for the purpose of widely notifying and publicizing the candidates for the democratic party or labor union formation in the new thousandth anniversary;

B. In addition, the instant swine rupture distributed by the Defendants is merely a transparent rupture in the general form of pigs that can frequently be seen from the time, and it cannot be deemed that the instant swine rupture itself advertises a specific candidate, or contains any content of support or opposition.

C. It argues that the act of making the name and contact number to recover swine peters cannot be deemed as the act of signing prohibited under the Act on Election of Public Officials and Prevention of Election Malpractice.

3. The judgment of this Court

A. The following facts are acknowledged in full view of all the evidence, such as the Defendants’ respective legal statements, each prosecutor’s protocol of interrogation of the Defendants, Kim-hee-type, and the police protocol on the order of gambling, and the shape of the seized desired swine woo-type.

(1) The instant “project for the sale of desired pigs” began with the purport that the members of the labor-management mother, which are the Internet meetings supporting the initial candidate for labor union membership, should gather and deliver election funds to the candidate for labor union membership. It was the basic idea that the general public would receive and sell the parcels of pigs in the name of “probed pigs” and then deliver money to the candidate for support. It was accepted as a new idea that is compared with the existing political fund culture that provides large amounts of political funds in companies, etc., and eventually, it was conducted as a nationwide campaign through the National Participation Campaign Headquarters for the New Man-Year Democratic Party in the presidential election process.

(2) Defendant 1 was a company student, and Defendant 2 was a university student, who had been working for a labor-management mother. When the present labor union was decided as a candidate for the President of the Newcheon Democratic Party, Defendant 1 voluntarily joined the National Participation Campaign Headquarters, which was a national election campaign organization within the Newcheon Democratic Party from October 2002, which was decided to be a candidate for the President of the Newcheon Democratic Party, voluntarily joined the National Election Campaign Headquarters through the Internet, and eventually, Defendant 1 was able to participate in the sale of desired pigs under the direction of the National Participation Campaign Headquarters.

(3) The term “voluntary pigs” in this case, in which the Defendants distributed, is marked with a fluor of ordinary swine storage in size transparent materials of the size of drinking, color luminous light is red, green, yellow and yellow, and on the side, a printed Stick box so that the phone number is printed or the contact number of the buyers can be written in order to collect.

(4) The Defendants: (a) installed a simple container on the street on which people have access; (b) opened the list of desired swine sales/collection/collection boxes of pigs, support money boxes, stickers, and desired swine wraps, etc. on the street; (c) put them in lots; (d) put them out by dividing them into the main time of participating in the distribution of pigs; and (e) put them out for clean politics; and (e) put them out to contact with the telephone number on the side of the swine wraps by receiving the swine wrap and informing the general public of the method of removal at the time of contact.” In making the remarks, the Defendants divided the said swine wrap to the general public who will bring the said swine wraps into the said list; and (e) made them enter names and contact numbers on the list of sale/collection.

B. First, we examine the instant desired swine distribution act.

(1) The Defendants alleged to the effect that the “business of selling the instant desired pigs” was an activity solely for the reform of the political culture, and that they did not engage in an election campaign for the election of the candidate for the labor site. However, in light of the above-mentioned facts, the Defendants’ act is recognized to have been for the purpose of raising awareness of the candidate for the labor site in addition to the purpose of raising political funds, and at the same time promoting his integrity and reform to make him elected the presidential election by promoting his integrity, namely, the purpose of influencing the election.

(2) Furthermore, we examine whether the desired pigs of this case distributed by the defendants constitutes "other advertisements" as stipulated in Articles 256(2) and 90 of the Public Official Election and Prevention of Unlawful Election Act (hereinafter "Public Official Election Act").

Article 256(2) of the Official Election Act provides that a person who installs, displays, posts, or distributes, or makes another person install, display, or distribute, propaganda materials, or a person who makes, sells, or makes another person do so, shall be punished by imprisonment for not more than two years or by a fine not exceeding four million won, in violation of Article 90 (Prohibition of Installation, etc. of Facilities). Article 90 of the Official Election Act provides that anyone shall not install, display, post, distribute, or have another person install, display, distribute, or have another advertisement or facility, except as otherwise provided for in this Act, in order to have an influence on the election from 180 days before the election day to the election day (the "advertising materials" referred to in Article 256).

However, "other advertisements" as referred to in Article 90 does not mean "the whole media materials that inform the general public of specific matters or information through letters, diagrams, pictures or other similar display," but in light of Article 2 subparagraph 1 (a) of the Outdoor Advertisements, etc. Control Act and Article 2 of the Outdoor Advertisements, etc. Control Act and Article 2 of the Outdoor Advertisements, etc. Control Act provide that " Outdoor advertisements" means signboards, standing signboards, placards, posters, posters, leaflets and others similar thereto which are displayed to the general public continuously or for a certain period (excluding the portion corresponding to "door" among the definition of outdoor advertisements), they shall be interpreted as only "those similar to outdoor advertisements, which are displayed to the general public continuously or continuously for a certain period."

As such, strictly interpreting the penal provision accords with the legislative purpose of the Public Election Act (Article 1 of the Public Election Act), and in principle, anyone can freely engage in election campaigns. However, in order to ensure fairness in election, election campaigns are likely to engage in fall elections due to gold tickets, official authority, black propaganda, etc., or permission without limitation is likely to engage in considerable socioeconomic losses and side effects if permitted, it is consistent with the purport of Article 58(2) of the Public Election Act, which is exceptionally punished by the provisions of the Act.

(3) In the case of this case, it is used as a means of raising political funds from the general public as seen earlier. The swine savings itself is used only for the purpose of raising money by keeping it in a place where the general public can not be seen, such as an individual’s home, etc., and it cannot be viewed as “the purpose of advertising by indicating it to the public for a commercial or certain period.” Thus, it cannot be viewed as “other advertising materials” as referred to in Article 90 of the Official Election Act (it can be seen as being most similar to the instant swine savings, among the advertising materials as shown in Article 90 of the Official Election Act, among the advertising materials as shown in Article 90 of the Official Election Act, it can be seen as “the advertisements that can be seen as being most similar to the instant swine savings,” and it also has the characteristic that it can continue to be displayed to the general public for a certain period, and therefore, it is in essence different from the instant swine savings machine in terms of this case).

(c) Murder shall be made against the act in which the name and contact information are entered for the recovery of swine fever; and

Article 255 (1) 18 of the Official Election Act provides that a person who obtains or causes another person to obtain a signature or seal in violation of Article 107 (Prohibition of Signature and Seal Campaign) shall be punished by imprisonment for not more than three years or by a fine not exceeding 6 million won, and Article 107 of the Official Election Act provides that no person shall obtain a signature or seal from an elector for an election campaign.

However, in order to ensure fair exercise of voting rights by prohibiting an elector from voting, since it is likely for the elector to interfere with voting in a more psychologically binding manner on the signature and seal affixed by the person who has signed and sealed his/her own agreement to support or oppose a specific candidate before voting, and thereby to prevent the elector from voting in a fair manner according to the elector’s free will. As such, in order to punish the elector under this provision, the signature and seal, i.e., the signature and seal that the elector appears to have expressed his/her intent to support or oppose a specific candidate, that is, the signature and seal that have expressed his/her intent to restrict the elector’s free will, should be recognized.

However, in the case of this case, the defendants distributed desired pigs and then received contact information (such as name, E-mail address, telephone number, etc.) to recover them later from those who bring the swine wirs, and there is no evidence to deem that the above act independently supported or opposed to a specific candidate, and if so, it cannot be deemed as a signature as provided in Article 107 of the Official Election Act.

4. Conclusion

Ultimately, the facts charged against the Defendants constitute a crime or a case where there is no proof of a crime, and thus, the Defendants are acquitted under Article 325 of the Criminal Act.

Judges Kim Byung-chul (Presiding Judge) Move-young