Where the Election Commission requests the submission of data on substantial grounds that an election campaign constitutes a prior election campaign even though it is not a prior election campaign, the case holding that a person who fails to comply therewith may be punished pursuant to Article 256 (4) 12 of the Act on the Election of Public Officials and the Prevention of Election Illegal Acts.

The case holding that as long as the election commission which became aware of the fact that the defendant sent and distributed a bill to local residents who introduce him as a certified judicial scrivener upon local election requests the submission of materials on the grounds that the defendant's dispatch of a bill constitutes an election campaign in advance, even though the act of distributing a bill by the representative of the defendant is actually an ordinary occupational act as a certified judicial scrivener, and does not constitute an election crime as prescribed by the Election of Public Officials and the Prevention of Unlawful Election Act, such as an election campaign in advance, the defendant has a duty to comply with the request of the members or employees of the election commission, and if the defendant fails to comply with such request, he may be punished pursuant to Article 256 (4) 12 of the Election of Public Officials

Articles 256(4)12 and 272-2(1) and (3) of the Act on the Election of Public Officials and the Prevention of Election Malpractice

Defendant

Prosecutor

Gwangju High Court Decision 2002No428 delivered on October 17, 2002

The part of the judgment of the court below on the violation of the Act on the Election of Public Officials and the Prevention of Election Malpractice concerning the non-compliance with the request for submission of materials shall be reversed, and that part of the case shall be remanded

1. As to non-compliance with the submission of materials

A. The summary of this part of the facts charged is that the chairman of the election commission in charge of the election management commission requested the defendant to submit a list of persons to be dispatched the list of persons to be dispatched the year by March 5 of the same year, but the defendant refused to comply with the request for the submission of the same content as the first policeman on February 6, 2002, in relation to the defendant's act of sending and distributing the year to approximately 1,000 local residents in the jurisdiction around February 6, 2002, with a view to introducing the defendant's court work experience.

B. In light of the facts comprehensively and comprehensively, it is reasonable to see that the defendant's act of dispatching the above vacation belongs to the category of occupational acts permitted by social norms as a certified judicial scrivener, and it is difficult to see that the defendant's act of sending the above vacation belongs to the category of occupational acts permitted by social norms as a certified judicial scrivener, and there is an advance election campaign in a local election, and under Article 272-2 (3) and (4) (1) of the Public Official Election and Prevention of Unlawful Election Act (hereinafter referred to as the "Public Official Election Act"), a member or employee of an election commission may demand the person concerned if he is suspected of election crimes. However, if the defendant's act of distributing the above vacation is an ordinary occupational act as a certified judicial scrivener and does not constitute an election crime under the Public Election Act such as advance election campaign, etc., the defendant cannot be deemed to have violated the Public Official Election Act even if he has refused to comply with the request two times by the Public Official Election Commission.

C. However, we cannot agree with the judgment of the court below for the following reasons.

According to the records, the defendant did not make a final decision at the prosecutor's office, but he was taking into account that he would leave the above local election as a candidate for the head of the Si/Gun. At the time, there was a question that the defendant will leave the office as a candidate for the head of the Gu/Si/Gun. The articles of "New North Korea newspaper" as a local newspaper on February 10, 2002 were reported as a candidate for the head of the Si/Gun along with the defendant's photograph, career, etc. as well as the contents of the articles of "New North Korea newspaper" as a local newspaper on February 10, 202. The defendant's major activities are the Eup in the former North Korea where the defendant was born as a certified judicial scrivener, and the defendant was in the office area where the defendant started to work as a certified judicial scrivener, and the defendant's work experience and present local election as a certified judicial scrivener on February 6, 202, and there were reasonable reasons that the defendant's act of distributing the above articles to the residents during the election campaign period of the Gu/Si/Gun.

Nevertheless, the court below ruled not guilty on the violation of this part of the Public Election Act by taking a different view above, and there is an error of misunderstanding the facts against the rules of evidence or misunderstanding the legal principles concerning the duty to comply with the request for submission of materials under Article 272-2 (1) and (3) of the Public Election Act.

Of the judgment below, this part of the judgment of the court below cannot be reversed.

2. As to the prior election campaign

In light of the records, the court below's determination of the court of first instance is proper, and it is not reasonable to conclude that the above evidence alone is a person who wishes to become a candidate for the head of the Si/Gun. Meanwhile, according to the statement of the first instance court witness and gambling only at the police, according to the statement of the defendant at the police, the defendant is merely a person who is a candidate for the head of the Gu/Si/Gun, and it is hard to view that the defendant prepared the head of the Gu/Si/Gun and sent the head of the Gu/Si/Gun as a candidate for the head of the Gu/Si/Gun in order to run for the election of the head of the Gu/Si/Gun, since the change of the defendant's statement of the change of the defendant was made through a certified judicial scrivener at the end of the year-end year after the defendant started to work as a certified judicial scrivener at the end of 199 and sent the head of the Gu/Si/Gun as a candidate for the election campaign and the head of the Gu/Si/Gun as a candidate for the head of the Gu.

It is difficult to accept the judgment of the court below on the ground that the defendant's prior election campaign was not recognized, as pointed out in the ground of appeal. However, the court below's error did not affect the conclusion of this part of the judgment, and therefore, it is not possible to accept the allegation in the ground of appeal that the court below erred by misapprehending the facts against the rules of evidence, which is erroneous in the misapprehension of the rules of evidence.

3. Therefore, the part of the judgment below regarding the violation of the Act on the Election of Public Officials and the Prevention of Election Unlawful Act regarding the failure to comply with the request for submission of materials is reversed, and that part of the case is remanded to the court below. The remaining appeal is dismissed. It is so

Justices Song Jin-hun (Presiding Justice)