Kim Yong-bin, Secretary General of the National Election Commission, noted that the Democratic Party of Korea has proposed a revision of the Public Election Act concerning the crime of spreading false facts, stating, "There is an opinion that cautious consideration is necessary."
On the 7th, Kim said at the National Assembly's Administrative Safety Committee, "From the perspective of the election management authority, the National Election Commission, it is necessary to fully discuss the potential issues regarding any changes to Article 250 of the election law, under the premise that careful consideration is needed, not only about the act and construction interpretation."
Shin Jeong-hoon, the Administrative Safety Committee chairman from the Democratic Party, presented the proposed revision of the Public Election Act, which he introduced on the 2nd, during the full committee meeting on that day. The current Article 250, Paragraph 1 of the Public Election Act prohibits the dissemination of false facts regarding birthplace, family relations, occupation, career, property, and actions aimed at winning elections through methods such as speeches, broadcasts, and communications. The Democratic Party has proposed an amendment to delete the term "action" from this provision.
Kim also responded to People Power Party member Park Soo-min's question, "If the law revision passes today, would it be possible to punish someone who committed fraud if they claim, 'I have never committed fraud for the purpose of being elected'?" by saying, "I do not think it would be possible to punish."
Meanwhile, regarding the Democratic Party's proposal for a revision of the Criminal Procedure Act that specifies the suspension of criminal trials until the end of a presidential term if elected, the Ministry of Justice expressed opposition, noting, "There is a concern that the presidential office may become a place for escaping from crimes."
According to the Ministry of Justice and the National Assembly's Legislative and Judiciary Committee on the 7th, the Ministry of Justice requested the National Assembly to carefully review the proposed revision of the Criminal Procedure Act introduced by 25 Democratic Party members, including Kim Yong-min.
The Ministry of Justice stated, "There is a debate regarding whether prosecution includes criminal trials, with the inclusion theory (suspension of trials) and exclusion theory (continuation of trials) opposing each other. It is advisable to interpret the privileges granted to the president as strictly as possible to minimize the concentration of power," and added, "It is advisable to introduce the contents of the revision through constitutional amendments after gathering public opinion."
Additionally, it was mentioned that "the amendment has the potential to be interpreted as a law for a specific individual, and it discriminates without reasonable justification between those whose criminal trials have been concluded after the presidential election and those whose eligibility to run for office has been revoked, which may violate Article 68 of the Constitution and contravenes the principle of equality, raising significant concerns of unconstitutionality." Article 68 of the Constitution stipulates that if a president-elect dies or loses qualification due to a verdict or other reasons, a successor must be elected within 60 days, indicating that the revision of the Criminal Procedure Act contradicts this provision.
The Ministry of Justice remarked, "Suspending trials for crimes committed before taking office, despite being unrelated to the performance of presidential duties, would nullify legal provisions that strictly limit qualifications for public office and unjustly guarantee the term of an unqualified defendant, resulting in a risk that the presidential office may become a place for escaping from crimes. This would compromise public trust and negatively affect the integrity and international standing of South Korea, along with conflicting with the duty to uphold the Constitution that the president holds."