Convicted in first trial, acquitted on appeal; Supreme Court rejects prosecutors' final challenge

Rep. Song Ok-ju of the Democratic Party of Korea. [Provided by Rep. Song Ok-ju's office]
Rep. Song Ok-ju of the Democratic Party of Korea. [Provided by Rep. Song Ok-ju's office]

By Yang Geun-hyuk, The Herald Business

Democratic Party of Korea lawmaker Song Ok-ju, who had been indicted on charges of illegal campaign donations ahead of the 22nd general election, retained her National Assembly seat Wednesday after the Supreme Court finalized her acquittal.

The Supreme Court's Third Division, presided over by Justice Noh Gyeong-pil, upheld the lower court's not-guilty verdict against Song on charges of violating the Public Official Election Act. Song represents the Hwaseong-gap constituency in Gyeonggi Province.

Song was indicted on allegations that she, together with a volunteer group, visited 20 senior centers in her constituency between October 2023 and March 2024, holding events and providing constituents with meals, beverages, electronics and other goods worth a combined 25 million won ($16,300) — conduct prosecutors characterized as illegal campaign donations under the Public Official Election Act.

The first trial court sentenced Song to one year in prison, suspended for two years — a penalty that would have voided her election victory. Under South Korean law, an elected official whose conviction for violating the Public Official Election Act carries a prison term or a fine of 1 million won or more loses their seat. The first trial court found that "the offenses were carried out in an organized and premeditated manner and could only have occurred with the defendant's instruction or approval," adding that Song bore ultimate responsibility as both the directing party and the beneficiary.

The appellate court overturned that verdict and acquitted Song. It ruled that prosecutors had not proved beyond reasonable doubt that Song conspired with the other defendants to deliver electronics to the senior centers — or to plan and oversee the delivery ceremonies — with the intent of attributing the benefit of those donations to herself.

Prosecutors appealed the acquittal, but the Supreme Court dismissed the appeal Wednesday, allowing Song to keep her seat.

A Supreme Court official said the ruling affirmed the appellate court's acquittal on the grounds that "there was no objective evidence to conclude that the defendant conspired with co-defendants with the intent of attributing the effect of the donation activities to herself."


yg@heraldcorp.com