The first ruling by the Supreme Court has determined that Commissioners of the resident council are subject to the Public Official Election Act. The resident council is a participatory organization established at the level of towns, villages, and districts nationwide. Commissioners of the resident council are tasked with carrying out certain projects entrusted to them within the budget set by the local council or managing the participatory budget.
According to legal circles on the 25th, the Supreme Court's Second Division (Chief Justice Oh Kyung-mi) confirmed a ruling on the 1st that imposed a fine of 2 million won on A, who was indicted for violating the Public Official Election Act.
A, who was a Commissioner of the resident council in B-dong, Seo-gu, Daejeon, was brought to trial on charges of conducting preliminary campaigning and intra-party election activities for a People Power Party candidate ahead of last year's 22nd general elections.
A was investigated for distributing business cards and documents supportive of the candidate to voters at event venues and for posting photos and messages supporting the candidate in a Kakao group chat room.
Our Public Official Election Act prohibits the election activities of the Commissioners of the resident committee. The resident committee is a smaller advisory body for local governments than the resident council. It is based on the local government ordinance and plays a role in operating the resident center.
During the trial, the issue arose as to whether A's election activities as a Commissioner of the resident council could be punished as a violation of the Public Official Election Act. A's side argued, "The defendant is a Commissioner of the resident council, not a Commissioner of the resident committee, so intra-party election activities are not prohibited by the Public Official Election Act."
However, the first trial found A guilty and imposed a fine of 2 million won. The court stated, "The reason election activities of Commissioners of the resident committee are prohibited by election law is to prevent Commissioners from abusing their status and authority to exercise direct or indirect influence over elections, thereby ensuring equity and fairness in elections."
Meanwhile, the court ruled that "If the resident council also has the function of operating resident centers, was established based on local government ordinance, and possesses the substance of a committee set up within the jurisdiction of the town, village, or district office, it can fall under Article 60 of the Public Official Election Act concerning 'resident committees,' regardless of its name or the legal basis." Although A's side appealed, the second trial issued the same ruling as the first.
A appealed to the Supreme Court against the second trial's decision as well. However, the Supreme Court found no issues with the second trial's ruling and dismissed the appeal.