Examples of Violations of Acts Related to Elections

writer : 선거2과 Registration Date : 2015-06-09

Ban on vote bribing
- In National Assembly elections, overseas Koreans are also eligible to vote, so if overseas Koreans or an association of overseas Koreans receive money or food from political parties or candidates (including preliminary candidates), it violates the rules on prohibiting vote bribing
Prohibited cases
- Providing gifts, money or food to overseas Koreans on behalf of a specific political party or candidate (including those who are planning to run for office) by a representative of an association of overseas Koreans
- Providing transportation costs or facilities to overseas voters or promising to provide them while asking them to vote for a specific political party or candidate
- The act of receiving money, food or books from politicians visiting a country abroad

Publication of false information
- If a person distributes false information to one person but there is a possibility to be spread to an unspecified number of people, then it is considered to be met the requirements of being 'publicity'
Prohibited cases
- Publishing a video clip on YouTube channel they run that disparages a person or their immediate family or ancestery (eg John Doe is a red!)
- Posting false or slanderous messages on Twitter based on overseas Korean media reports, for example "My cousins husband, who is XXX, the head of a foundation, told me that there is a child between ◇◇◇ and OOO"

Allowed cases
- A representative of a political party sending a regular non-campaign related greeting card or birthday message to a member of a party who resides abroad
Prohibited cases
- Sending invitation letters, information leaflets and pamphlets to announce overseas Koreans meeting including contents to promote political parites and canidates or campaign pledges
- Distributing a newsletter or journal published by an association of overses Koreans including content that ranges from supporting or opposing a political party or candidate to election campaigning
- Advertising in newspapers for Koreans which has content that ranges from supporting or opposing a political party or candidate to election campaigning
Measures taken against violations
- A person publishes an eight adverts in a newspaper for overseas Koreans that supports or opposes a specific candidate or political party using content such as "Let's not vote for a bad regime that deceives and tyrannizes the will of the majority of the people... Let's change it into our own hands... Let's judge this unjust regime by voting!" Result: Charged and ordered to return passport

Allowed cases
- Holding an event within the scope of its original purpose that has no relation to an election
- Sending of invitations by event organizers to inform a limited number of invitees (considering the size of the venue and organization etc) of the schedule of an event.
Prohibited cases
- Making remarks while giving a congratulatory speech or lecture at an event related to an overseas Korean organization that include comments that range from supporting or opposing a political party or candidate to election campaigning
Measures taken against violations
- A National Assembly member makes remarks reported in the media as he attended a 'rally for overseas elections' held by a overseas Koreans organization before the election campaign period, making statements such as "support the XX party, help the XX party." Result: Investigation requested
- A university professor's speech on 'sports and health' at a lecture hosted by an overseas Koreans organization which included friendly evaluations of former presidents and opposition to potential candidates

Allowed cases
- An act in which a party member pays membership fees to a party of which they are a member of or a person who can become a member of the party pays donations within the limits stipulated in the Political Funds Act to a political party, member of the National Assembly or a Political Fundraising Assocation (PFA)
Prohibited cases
- Activities to raise political funds at various gatherings including meetings or events of overseas Koreans associations, policy meetings, press conferences, Korean societies etc.
  ※ It is not possible for ordinary overseas Koreans that are not political parties, members of the National Assembly or candidates to set up or operate political fundraising association or similar organizations for the purpose of raising political funds

Allowed cases
- Persons who can undertake election campaigning encouraging people to participate in voting from a distance of more than 100 meters from an overseas polling station
Prohibited cases
- Greeting overseas voters who came to vote at the entrance of overseas polling stations and asking them to support or oppose a specific political party or candidate
- Photographing ballots inside overseas polling stations or posting photographed ballots on the internet or SNS\
Measures taken against violations
- At a polling booth set up at an embassy, a person photographed a marked ballot paper for a particular candidate and posted it on their Facebook page. Result: Charged