Violation of Public Official Election Act

First-instance fine of 700,000 won upheld

Similar cases drawing fines in succession

National Election Commission [Newsis]
National Election Commission [Newsis]

A voter who photographed a marked ballot during early voting in the 22nd general election and posted the image on social media has been fined 700,000 won ($515) in a ruling that has since been finalized.

According to legal sources, Criminal Division 1 of the Suwon District Court's Seongnam Branch handed down the sentence against the defendant, identified only as A, in July on charges of violating the Public Official Election Act.

A was accused of using a mobile phone to photograph two marked ballots at an early voting station set up at a community welfare center in Seongnam, Gyeonggi Province, during the April 2024 general election. A then posted the images on a personal social media account.

Prosecutors indicted A on charges of violating the Public Official Election Act. Under the law, no one may photograph a ballot inside a voting booth, and publicly disclosing a marked ballot is also prohibited.

The court imposed the fine, saying A "photographed the ballot marked in the National Assembly election and went further to make it public by posting it on social media."

The court added that "given the purpose of the Public Official Election Act — to preserve the secrecy of the vote and ensure a fair and orderly voting process — the offense cannot be considered minor."

However, the court cited mitigating factors, noting that A "acknowledged the offense and showed a remorseful attitude" and that "the absence of any prior convictions for similar offenses was taken into account."

Courts have been handing down fines in a string of similar cases involving voters who photographed their ballots and posted the images on social media.

In October 2024, a court fined another defendant, identified as B, 800,000 won on the same charges stemming from the 22nd general election. The court said it had set the sentence taking into account that B deleted the post immediately after being investigated by the National Election Commission.

A similar case in September 2024 resulted in a fine of 500,000 won. The court said that "given the purpose of the Public Official Election Act to ensure a fair and orderly voting process, the offense is not minor," but added that it had considered the defendant's acknowledgment of wrongdoing and expression of remorse in setting the sentence.


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