Violation of the Public Official Election Act

The Public Official Election Act and the Entrusted Election Act are both election-related statutes, but they differ in the subject matter and scope of application.

The Public Official Election Act applies to elections at the national and local government level that select representatives of the people, whereas the Entrusted Election Act applies to the election of officers of public organizations or cooperatives such as agricultural cooperatives, fisheries cooperatives, and community credit cooperatives.

In other words, there is a difference in the type and scope of the elections to which each applies.

This refers to the act of announcing or spreading false content that differs from the facts concerning a candidate or political party.

Except in cases provided by law, this refers to the act of distributing, scattering, posting, or attaching newspapers, magazines, etc. carrying election-related articles by means other than ordinary methods, or of copying and then distributing, scattering, posting, or attaching them.

This refers to the act of damaging or removing banners or posters displayed during the election period.

This refers to the act of causing a disturbance within a polling station or in its vicinity (within 100 meters), or making remarks or gestures supporting or opposing a particular candidate or political party.

This refers to the act of providing money, goods, food, or property benefits in order to influence an election.

Violation of the Prohibition and Restriction of Contribution Acts

Publishing False Facts

Identify accurately what charge has been applied to you. (e.g., dissemination of false information, contribution acts, etc.)

Collect and organize all related materials(text messages, social media posts, photographs, videos, etc.).

Make a brief note of the circumstances of the incident, including when, where, and how the violation occurred.

First confirm the basic question of whether the conduct constitutes a violation under the law, and objectively assess whether it was done intentionally or whether it was a mistake or misunderstanding.

If it amounts to a mere mistake or a minor violation, it can be effective to establish a response plan centered on that point.

If you receive a request to appear from an investigative agency or the National Election Commission, be sure to confirm the scheduled date, and because disadvantages may arise if you fail to comply with the appearance notice, promptly proceed with deciding whether to appear and coordinating the schedule.

Before the investigation, it is helpful to prepare a brief summary of statements that organizes the circumstances of the incident and the related evidence.

In addition, it is important to clearly organize the objective materials and the facts so as to maintain consistency in your statements.

During the investigation, respond calmly based on the facts, but speak honestly about matters you do not know or cannot recall, and false statements must be avoided.

When a trial proceeds, it is important to clearly organize your position and to carefully secure objective evidence.

It is also advisable to prepare in advance items such as a letter of apology, efforts toward recovery for the victim, and a settlement agreement so that they may have a positive influence on the judgment.

Throughout the trial, you should consistently maintain statements based on fact, and you must avoid unreasonable claims or false statements.