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Practice Areas

Superintendent of Education Election

In a superintendent of education election, the superintendent of education is the body that handles affairs relating to education and the arts in a city or province, and the term refers to the process of electing such a superintendent through an election. A superintendent of education election is held every four years.

CONTENTS
  • 1. Superintendent of Education Election | Definition
  • 2. Superintendent of Education Election | Types of Punishment
    • - Contribution Acts
    • - Dissemination of False Information
    • - Pre-Election Campaigning
  • 3. Superintendent of Education Election | Level of Punishment
    • - Contribution Acts
    • - Dissemination of False Information
    • - Pre-Election Campaigning
  • 4. Superintendent of Education Election | Methods of Response
    • - Review of the Charges and Related Materials
    • - Review of Whether the Law Was Violated and of Intent
    • - Responding to a Request to Appear
    • - How to Respond During Questioning
    • - Preparing a Trial Response
    • - Points to Note for Candidates, Campaign Participants, and General Voters
  • 5. Superintendent of Education Election | Methods of Response

1. Superintendent of Education Election | Definition

Superintendent of education election punishment cases practice areas

A superintendent of education election refers to the election of a superintendent of education by the vote of residents on a city or province basis.


The superintendent of education serves to represent the relevant city or provincial office of education.

Matters concerning the superintendent of education election, such as the election process and candidate eligibility, are set out in the Local Educational Autonomy Act.

If you are running in a superintendent of education election or preparing for an election campaign, a professional understanding of the relevant statutes is needed, because many provisions of the Public Official Election Act apply by reference.

2. Superintendent of Education Election | Types of Punishment

Criminal group superintendent of education election need for a criminal attorney's assistance

There are various precedents of criminal punishment relating to superintendent of education elections.

There have been cases in which criminal punishment was imposed not only on candidates but also on voters who participated in the campaign, so particular care is needed during the election period.

Contribution Acts

A contribution act refers to an act of providing, or expressing an intention to provide, money, goods, or other property benefits to persons, institutions, organizations, or facilities within the relevant electoral district, or to gatherings or events of voters in the district.

It also includes the act of providing or promising a benefit to a person, institution, organization, or facility that, even though located outside the relevant electoral district, has a connection with voters in that district.

Dissemination of False Information

The act of spreading false information unfavorable to a candidate or of slandering a particular candidate is also treated severely as a violation of the Public Official Election Act.

In such a case, the person is punished for defamation together with the election law violation, and because false information can affect the election result, courts tend to impose heavy sentences.

Pre-Election Campaigning

Conducting an election campaign before election day, or carrying out an opinion poll for a particular candidate, is regarded as a violation of the Public Official Election Act.

This is a measure to strictly limit the start time of election campaigning in order to ensure the fairness of the election, and a person is punished if detected.

3. Superintendent of Education Election | Level of Punishment

Criminal group's superintendent of education election definition practice area

Violating the regulations relating to superintendent of education elections may also result in punishment for violation of the Local Educational Autonomy Act.

Examples include violation of the election campaign period and violation of the restrictions on election campaign methods.

However, since Article 49 of the Local Educational Autonomy Act provides that the Public Official Election Act applies by reference to superintendent of education elections, the actual punishment and its severity are determined in accordance with the Public Official Election Act.

In particular, if a fine of one million won or more is finalized for a violation of the Public Official Election Act, the election may be invalidated, which means that serious legal liability follows.

Contribution Acts

Public Official Election Act, Article 257, Paragraphs 2 and 4

A person who instructs, induces, arranges, or demands a prohibited contribution, or who receives a contribution therefromImprisonment for not more than three years or a fine of not more than five million won / The benefit received as a contribution is confiscated, and where all or part of it cannot be confiscated, the equivalent value is collected.

Dissemination of False Information

Public Official Election Act, Article 250 (Publication of False Information)

Imprisonment for not more than five years or a fine of not more than 30 million won

In addition, where a fact that harms a person's social reputation is stated, even if the fact is true, it may be punished as defamation if it does not serve the public interest or if the manner of expression is insulting.

Criminal Act (Penal Code), Article 307 (Defamation)

Where a person defames another by stating a fact

Imprisonment with or without labor for not more than two years or a fine of not more than five million won

Where a person defames another by stating a false fact

Imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine of not more than 10 million won

Pre-Election Campaigning

Public Official Election Act, Article 254 (Violation of the Election Campaign Period)

Where a person conducts an election campaign on election day before the close of votingImprisonment for not more than three years or a fine of not more than six million won

4. Superintendent of Education Election | Methods of Response

When facing criminal punishment relating to a superintendent of education election, a systematic procedure is needed, from identifying the type of charge to gathering evidence, attending the investigation, and responding at trial.

Review of the Charges and Related Materials

You must clearly identify the type of charge applied to you.

For example, there may be various unlawful acts such as a contribution act, dissemination of false information, or pre-election campaigning, so you should systematically gather and organize evidence such as text messages, social media posts, photographs, and videos.

You should also briefly record the time, place, and circumstances in which the violation occurred.

Review of Whether the Law Was Violated and of Intent

You should determine whether the act actually violates the law and objectively analyze whether the unlawful act was committed intentionally or whether it resulted from a mistake or misunderstanding.

If intent is denied, it is advisable to build the response strategy around this point.

Responding to a Request to Appear

When the police or an election commission requests your appearance for questioning, you should confirm the exact date and time of the appearance and attend without fail.

Failing to appear without notice may result in legal disadvantages, so you should promptly arrange the schedule.

It can be advantageous to prepare a written statement or summary covering the overall case before appearing.

How to Respond During Questioning

During questioning, you should refrain from emotional reactions and give clear answers based on facts.

You should honestly acknowledge anything you do not remember or do not know, and avoid false statements or exaggerated claims.

Preparing a Trial Response

If the case proceeds to the trial stage, you should organize your position systematically and secure objective evidence.

Through preparing a letter of apology, making efforts toward victim compensation, and submitting a settlement agreement, you should prepare materials that may help in reducing the sentence.

Throughout the trial, you should maintain statements grounded in facts and refrain from unreasonable claims or false statements.

Points to Note for Candidates, Campaign Participants, and General Voters

Prospective candidates and those involved in the campaign should become thoroughly familiar with the relevant regulations to prevent unlawful conduct, while general voters should actively refuse improper requests or suspicious conduct when faced with them and secure evidence.

5. Superintendent of Education Election | Methods of Response

Summary of how to respond on your own in a superintendent of education election

In a superintendent of education election, conduct that interferes with a candidate's campaign activities can arise in various forms, so your own actions may unintentionally lead to being investigated in connection with the election.

For this reason, legal advisory is required throughout campaign preparation and the campaign process, and a strategy for responding to accusations and investigations should be put in place from the outset.

Daeryun Law Firm includes a number of criminal attorneys with extensive knowledge of relevant statutes such as the Public Official Election Act and the Local Education Autonomy Act, and works diligently to protect the rights and interests of its clients.

It also operates a 365-day, 24-hour emergency response system, allowing prompt assessment of a case and preparation of a response suited to it.

If you have come to be investigated by the police regarding related conduct during a superintendent of education election period, you may request a consultation with a criminal attorney.

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