Supreme Court: “Rejection Campaigns Are Illegal”

The Supreme Court declared yesterday rejection campaigns by civic groups violate election laws.

The First Department of the Supreme Court, presided over by Judge Lee Hong-kyu, upheld the lower court decision, ruling that five leaders of Civil Action for the 2004 General Election, Choi Yul, Ji Eun-hee, Park Won-son, Chung Dae-wha, and Kim Ki-sik, who were indicted on charges of conducting rejection campaigns during the 2004 general elections must pay a fine of 0.5 million won, respectively.

“Rejection campaigns against particular candidates using loudspeakers, staging public speeches, collecting signatures, and staging rallies prior to the election are not among the allowable election activities guaranteed by Constitutional Law,” said the court.

In the meantime, the National Election Commission ruled before the general elections that the activities of Civil Action for the 2004 General Elections, such as publishing a list of candidates who must be rejected or letting the list be reported were not violations of election laws.

“Complaints against rejection campaigns, including announcements of lists of must-be-rejected candidates, have not been filed yet, we are considering whether there are legal problems or not,” said a Supreme Public Prosecutor’s Office official.

Choi-yul and others who were arrested on charges of conducting rejection campaigns against particular candidates from January 2000 to March 2000 were fined three million to five million won at the first trial, but at the second trial, they were sentenced to fines of 0.5 million won each, not affecting the eligibility for election.

Previously, the Constitutional Court drew a conclusion in August 2001 that “banning rejection campaigns is legal” concerning a constitutional petition raised by Civil Action for General Elections insisting that banning rejection campaigns by law excessively limits people’s participation in politics.

jin0619@donga.com