Seo Geo-seok, the superintendent of the Jeonbuk Special Self-Governing Province, was fined 5 million won in a case charged with publishing false information during the 2022 superintendent election process. Accordingly, Superintendent Seo's election has been deemed invalid.
The Supreme Court's Second Division (Chief Justice Kwon Young-jun) upheld the second trial's ruling, which imposed a fine of 5 million won on Superintendent Seo for violating the Local Education Autonomy Act. The Local Education Autonomy Act applies the Public Election Act in relation to superintendent elections. Consequently, if a fine of more than 1 million won is confirmed in connection with an elected election crime, it results in the invalidation of the election and the loss of office.
This case began in November 2013 when allegations arose that Superintendent Seo slapped Professor Lee Gwi-jae of Chonbuk National University, instructing him not to run in the chancellor election while serving as the chancellor. Superintendent Seo was charged with publishing false information on a broadcast debate and social media (SNS), stating, "I did not commit an act of violence" and "The opposing candidate is distorting the truth."
The first trial acquitted Superintendent Seo. The court stated, "It is difficult to acknowledge the fact of violence by Superintendent Seo based solely on the evidence presented by the prosecutor." During the trial, Professor Lee testified, "I do not clearly remember if such an incident (the violence) occurred."
Subsequently, the prosecution charged Professor Lee with perjury. In that trial, Professor Lee admitted, "I lied in Superintendent Seo's trial," resulting in a confirmed prison sentence of 10 months.
The second trial imposed a fine of 5 million won on Superintendent Seo. It acknowledged that Superintendent Seo was guilty of posting content denying the act of violence on SNS. However, it ruled him not guilty for his statements made in debates such as TV programs.
The second trial court stated, "The responses made in debates such as TV can only be seen as denying the allegations raised by the opposing candidate, and it is difficult to view them as actively expressing false information. However, a post denying the violence on SNS, viewed by an unspecified large number of people, can be seen as publishing false information for the purpose of election victory."
Both Superintendent Seo and the prosecution filed an appeal against the second trial ruling. However, the Supreme Court found no issues with the second trial and confirmed the fine of 5 million won.