An election law violation can be fatal for an elected official.
Even a district mayor who fought through a hard-fought race can lose the position if a court hands down a final conviction carrying a fine of 1 million won ($718) or more under the Public Official Election Act.
Two district mayors elected in the June 3 local elections — Kim Dong-wook of Dobong-gu and Yoo Dong-gyun of Mapo-gu — are drawing attention after being referred to prosecutors or placed under police investigation on charges of violating the act.
The allegations against both men center on door-to-door canvassing — visiting voters individually — or on campaigning before the official campaign period began.
The Seoul Dobong Police Station referred Kim to the Seoul Northern District Prosecutors Office on Aug. 13 without seeking his detention, on charges of violating the Public Official Election Act's restrictions on door-to-door visits.
Kim is accused of going floor by floor through Dobong District Office headquarters — from the second to the 15th floor — visiting each department's office to campaign on the morning of May 21, the first day of the official campaign period for the June 3 local elections.
Article 106 of the Public Official Election Act prohibits anyone from visiting homes or offices door to door for the purpose of campaigning. Violations can carry a prison term of up to three years or a fine of up to 6 million won. Whether a visit to district office rooms constitutes a prohibited door-to-door visit depends on a comprehensive assessment of factors including how open the location was to the public, how entry was made, and what was actually said.
Oh Eon-seok, the former Dobong district mayor who filed the complaint against Kim, submitted it to police on June 16, after the local elections concluded. Oh's side is also said to have requested the preservation of evidence, including closed-circuit television entry records, elevator operation logs, and statements from staff in each department.
With police having referred the case to prosecutors, Kim's legal fate now hinges on whether prosecutors choose to indict him and on the outcome of any subsequent trial. A referral to prosecutors does not, however, mean guilt or indictment.
Mapo-gu Mayor Yoo Dong-gyun is also under police investigation on charges of violating the Public Official Election Act.
The Seoul Mapo Police Station has booked Yoo and launched an investigation into allegations that he entered a Buddhist temple hall wearing campaign attire and conducted electioneering before the official campaign period for the June 3 local elections began. The investigation came to light Thursday through a report by the Munhwa Ilbo.
A civic group, the People's Livelihood Countermeasures Committee, recently filed a complaint with police against Yoo on charges of violating the Public Official Election Act. Police are said to have also questioned the complainants last month.
According to the complaint, Yoo — who was at the time a Democratic Party of Korea preliminary candidate for Mapo district mayor — visited a Buddhist temple in Mapo-gu on April 17 and posted related photos on his SNS account.
The complainants are said to have argued that Yoo conducted electioneering inside a religious facility where campaign-related visits may be restricted, and that doing so before the official campaign period raises potential violations of the Public Official Election Act.
A temple visit alone does not automatically constitute an election law violation. The key investigative questions are expected to be whether the temple hall was open to the general public at the time, whether Yoo engaged in specific campaign activities such as soliciting support or distributing name cards, and what the SNS posts actually contained.
Yoo is one of the most prominent political rivals in the district, having faced off against former Mapo district mayor Park Gang-su in back-to-back local elections — the eighth and ninth rounds of popular elections — splitting the two contests one win apiece. Given the intensity of their rivalry, local political circles are closely watching the outcome of the police investigation.
Election law cases are directly tied to whether a winner retains office, unlike ordinary criminal cases. If an elected official receives a final conviction of imprisonment or a fine of 1 million won or more in connection with the relevant election under the Public Official Election Act, the election result is voided.
Kim now awaits prosecutors' decision on whether to indict him, while Yoo waits to see whether police will refer his case to prosecutors.
Both mayors have only just begun their terms in the ninth round of popular local governance, and each investigative decision will keep them on edge. Both cases remain at the investigation stage, with no final court ruling yet handed down, meaning the charges have not been established as fact. The outcome of the authorities' dispositions and the courts' final judgments remains to be seen.
Meanwhile, several other Seoul district mayors are also reported to be under investigation on suspicion of election law violations.
seouldream01@heraldcorp.com
