2019Do12902 Violation of the Public Official Election Act

1. A;

2. B

3. C

Defendants

Law Firm Sofa (for Defendant A)

Attorney Yellow-gu et al., Counsel for the plaintiff-appellant

Busan High Court (Chowon) Decision 201990 decided August 28, 2019

November 28, 2019

All appeals are dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court found the Defendants guilty of the charges by recognizing that the candidate “an act of promoting the candidate’s achievement” prohibited under Article 86(1)1 of the Public Official Election Act includes a public official himself/herself who intends to participate in the relevant election, and that the same provision is applied in the case of the head of a local government. Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on “an act of promoting the candidate’s achievement”, “an act of promoting the candidate’s achievement”, “an act of promoting the candidate’s achievement”, “an act of collective principal

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

Justices Jo Hee-de

Justices Kim Jae-hyung

Justices Min You-sook of the District Court

Justices Lee Dong-won