Baek Seong-hyeon, the People Power Party mayor of Nonsan, South Chungcheong Province, was fined 1.5 million won ($1,060) in a first-instance ruling Wednesday — a penalty that, if upheld, would nullify his election — after being indicted on charges of sending holiday gifts to constituents in his district.
The second criminal division of the Daejeon District Court's Nonsan branch, presided over by Judge Ahn Min-young, handed down the fine at a sentencing hearing Wednesday in the Public Official Election Act violation case against Baek.
Baek was indicted on charges of sending holiday gifts worth around 1.3 million won to about 40 constituents and others in his district at Chuseok and Lunar New Year each year from October 2023 to September 2024, while serving as mayor.
The court found that the gifts constituted illegal donations prohibited under the Public Official Election Act. "The defendant argues there was no instruction or conspiracy, and that the conduct was a longstanding practice carried over from previous administrations and did not violate social norms," the court said. "However, a review of investigative findings and witness testimony establishes that the illegal donation activity regulated under the Public Official Election Act did occur."
The court acknowledged that the gifts were unlikely to have had a direct influence on any election, calling that a mitigating factor, but said it was outweighed by the scale and duration of the conduct. "The period of the offense was considerable in scope, and the defendant has consistently offered implausible excuses throughout the investigation and trial — even regarding established facts — showing no sign of remorse," it said.
Prosecutors had sought a fine of 4 million won against Baek at the final hearing — also above the election-nullification threshold — while Baek denied all charges.
The South Chungcheong Province National Election Commission filed a complaint against Baek in November 2024, determining that his conduct constituted "donation activity" prohibited under the Public Official Election Act.
The gifts were delivered by mail with Baek's business card enclosed, making the conduct an illegal donation that revealed the identity of the head of the institution — a violation under the Public Official Election Act.
Under the act, an elected official whose conviction carries a sentence of imprisonment or a fine of 1 million won or more loses their elected position once the ruling is finalized.
Prosecutors earlier granted deferred prosecution to six current and former Nonsan city officials who had been involved in sending the holiday gifts.
jshan@heraldcorp.com
