CONTENTS
- 1. Violation of the Public Official Election Act | The 9th Local Elections to Be Held on June 3, 2026
- - Controversy over a Preliminary Candidate's Distribution of Business Cards
- 2. Violation of the Public Official Election Act | The Permitted Scope of a Preliminary Candidate's Campaigning
- 3. Violation of the Public Official Election Act | Legal Issues with AI and Deepfake Campaigning
- - Strengthening the Management Responsibilities of Online Platforms
- 4. Violation of the Public Official Election Act | Conduct Requiring Caution During the Election Period
- - The Importance of Responding to Legal Disputes
1. Violation of the Public Official Election Act | The 9th Local Elections to Be Held on June 3, 2026
Disputes over whether conduct constitutes a violation of the Public Official Election Act tend to recur as an election approaches.
The Public Official Election Act broadly regulates the conduct not only of candidates and campaign personnel but also of ordinary voters, and it sets detailed restrictions on the means, place, timing, and methods of campaigning.
In particular, as the 9th Nationwide Simultaneous Local Elections, to be held on June 3, 2026, draw near, interest in whether campaign-related conduct violates the law has grown even greater.
Particular caution is required, because election-related conduct such as distributing business cards, posting online content, providing money or goods, and spreading false information may become subject to criminal punishment as a violation of the Public Official Election Act if it goes beyond the scope set by the law.
Controversy over a Preliminary Candidate's Distribution of Business Cards
Recently, in political circles as well, legal disputes have continued over whether a preliminary candidate's distribution of business cards constitutes a violation of the Public Official Election Act.
Kim Moon-soo, a former People Power Party presidential candidate, was indicted on a charge of violating the Public Official Election Act for distributing business cards to voters inside a subway station ticket gate while holding the status of a preliminary candidate during the last presidential election.
The prosecution indicted former candidate Kim on the view that distributing business cards to voters inside a subway ticket gate, while holding the status of an intra-party primary candidate on the day before the party's final candidate was to be selected, constituted campaigning prohibited under the Public Official Election Act.
Under the Public Official Election Act, a preliminary candidate may campaign by personally handing out business cards stating his or her name, photograph, educational background, career, and the like, but such campaigning is prohibited inside the ticket gates of terminals, airports, railway stations, and subway stations.
In response, former candidate Kim's side made the following arguments in court.
Former candidate Kim's side also stated that, given that the election commission at the time had issued a reply urging compliance with the Public Official Election Act regarding the matter, it was improper for the same matter to proceed all the way to a criminal trial.
The court is scheduled to conclude oral argument after conducting witness examination and documentary evidence review.
2. Violation of the Public Official Election Act | The Permitted Scope of a Preliminary Candidate's Campaigning
While the Public Official Election Act permits a preliminary candidate to campaign within a certain scope, it also sets various restrictions in order to maintain the fairness of elections.
(1) A preliminary candidate may campaign by any one of the following methods:
1. Establishing an election campaign office under Article 61 (Establishment of Election Campaign Organizations), paragraph (1) and the proviso to paragraph (6), or installing or displaying a signboard, nameplate, or banner at that election campaign office;
2. Personally handing out, or soliciting support by means of, a business card no larger than 9 centimeters in length and 5 centimeters in width that contains the candidate's name, photograph, telephone number, educational background (meaning a regular educational background and an educational background obtained by completing a comparable foreign curriculum; the same shall apply in subparagraph 4), career, and other matters necessary for publicity.
Provided, that the act of handing out business cards or soliciting support shall not be permitted inside vessels, regular passenger automobiles, trains, electric trains, or aircraft, or inside the ticket gates of their terminals, stations, or airports, or indoors at hospitals, religious facilities, or theaters (excluding cases where the relevant facility is used for a purpose other than its original purpose, such as through a rental).
Representatively, a preliminary candidate may engage in the following campaigning.
- Distributing business cards stating his or her name, photograph, telephone number, educational background, career, and the like
- Personally soliciting support from voters
- Online publicity activities within a certain scope
However, such campaigning is also restricted depending on the place and method, and the Public Official Election Act prohibits campaigning in the following places.
- Inside the ticket gates of railway stations and subway stations
- Inside transportation facilities such as airports and terminals
- Other places where campaigning is restricted
In other words, even a preliminary candidate may not campaign in every place, and violating the provisions on places may constitute a violation of the Public Official Election Act.
3. Violation of the Public Official Election Act | Legal Issues with AI and Deepfake Campaigning
In the recent election environment, election publicity that uses AI technology has emerged as a new legal issue.
As various technologies such as image-generating AI, voice synthesis technology, and deepfake videos are used to produce election content, the scope of application of the Public Official Election Act is likewise expanding.
(1) No person shall, from 90 days before election day until election day, produce, edit, distribute, screen, or post, for the purpose of campaigning, virtual sounds, images, or videos that are made using artificial intelligence technology or the like and are difficult to distinguish from the real thing (hereinafter referred to as "deepfake videos, etc.").
(2) Where any person produces, edits, distributes, screens, or posts deepfake videos, etc., for the purpose of campaigning during a period other than the period referred to in paragraph (1), the person shall indicate on the deepfake videos, etc., in accordance with the rules of the National Election Commission, that the relevant information is virtual information made using artificial intelligence technology or the like, so that the fact can be clearly recognized.
The current Public Official Election Act prohibits campaigning that uses AI-based content of the following kinds, and a person who violates this is subject to imprisonment with labor for not more than seven years or a fine of not less than 10 million won and not more than 50 million won.
- Virtual videos that are difficult to distinguish from the real thing
- Composite images that manipulate a particular candidate
- Deepfake voice or “deep voice” election publicity
In fact, during the last presidential election, there was an incident in which a person posted on the internet numerous AI images that had been synthesized to depict a particular candidate wearing prison clothing and incarcerated, and that poster was referred for criminal trial through an accusation filed by the election commission.
In addition, producing and posting a campaign song that uses AI voice synthesis technology to induce the election or defeat of a particular candidate may also constitute a violation of the Public Official Election Act.
Strengthening the Management Responsibilities of Online Platforms
During the election period, the role of online platforms and communities is also becoming more important.
Recently, the National Election Commission and the Korea Internet Self-governance Organization (KISO) decided to strengthen their cooperation framework regarding the operation of internet information services during the election period.
Accordingly, portal operators and internet community operators must actively cooperate when there is a request to delete a post that violates the Public Official Election Act.
In addition, when a request to delete an election-related post is received, the operator reports it to the National Election Commission and determines how to handle the post in accordance with the commission's decision.
This system can be regarded as a measure to swiftly block illegal campaigning and the spread of false information occurring in the online space.
4. Violation of the Public Official Election Act | Conduct Requiring Caution During the Election Period
Because the Public Official Election Act may apply not only to candidates but also to the conduct of ordinary citizens, caution must be exercised regarding the following conduct during the election period.
- Publicity activities in places where campaigning is restricted
- Posting false facts or manipulated content
- Disparaging a candidate using AI-generated images or videos
- Providing money or goods, or buying votes
- Spreading false public opinion poll results
The Importance of Responding to Legal Disputes
As the June 3 local elections approach, the need to check in advance for the risk of a violation of the Public Official Election Act that may arise during the campaign process is also growing.
In particular, cases involving a violation of the Public Official Election Act are directly tied to the election schedule, so investigation and trial often proceed swiftly, and they can directly affect the political activities of candidates or campaign personnel, making the initial response very important.
Ahead of the 9th Nationwide Simultaneous Local Elections, Daeryun Law Firm LLP has officially launched a dedicated “Local Election Response Task Force” to handle election-related criminal cases and has established a response system based on its branch offices at major hubs nationwide, including not only the Seoul metropolitan area but also Busan, Daegu, Gwangju, Daejeon, Gangwon, and Jeju.
Daeryun's Election Task Force operates a one-stop response system that goes beyond after-the-fact representation to check in advance for legal issues that may arise from the preliminary candidate registration stage through the operation of the election campaign.
The main areas of advice include legal review of the nomination and preliminary candidate registration process, responding to publication of false facts and fake news, accounting advice regarding election expenses and political funds, and responding at the investigation stage and conducting criminal defense.
In addition, through collaboration with the digital forensics center, the firm also supports scientific evidence analysis and legal responses to election-related disputes arising in digital environments such as social media, online communities, and AI content.
If there is a situation in which whether conduct constitutes a violation of the Public Official Election Act may be at issue during the campaign process, it is important to accurately review the relevant provisions and prepare a response strategy.
Drawing on the experience of attorneys handling criminal matters, Daeryun Law Firm LLP provides tailored legal advice that can reduce election-related legal risks.
If you need assistance with a related matter, you are welcome to arrange a 🔗criminal defense legal consultation with attorneys who can collaborate closely with relevant legal professionals.
