South Korea’s National Election Commission (NEC) submitted a proposal to amend the existing election law to expand freedom for election campaigning. The election management body faced criticism over its legal interpretation during the recent mayoral by-elections in South Korea’s two largest cities, Seoul and Busan. The main opposition party argued the NEC was biased in favor of the ruling party.
The NEC is now asking the National Assembly to amend certain regulations governing campaign activities to avoid similar controversy in future elections.
“There were many voices that called for amending the existing election law, which focuses on regulations, during this year’s by-elections,” the NEC said on Thursday. “We finalized our proposal to amend the law, including Article 58 and others, and submitted it to the National Assembly. The purpose is to guarantee people’s political freedom and expand freedom in election campaigning.”
During this year’s mayoral by-elections, the NEC banned civic groups and private citizens from using slogans and banners that include phrases such as “Nae-ro-nam-bul,” which roughly translates as ‘it is romance if I do it, but in your case, it is an affair,” “Incompetence,” and “Why are we even conducting this election in the first place?”
This year’s by-elections in Seoul and Busan were held because of the sexual misconduct by late Seoul mayor Park Won-soon and former Busan mayor Oh Geo-don, both of the ruling Democratic Party (DP). The NEC’s stated reason for banning these phrases was that they would make people think of the DP, thus stirring accusations of bias toward the ruling party.
According to the NEC, it proposed amending Article 58 of the election law, which was the legal basis of the decision to ban those phrases. Part of Article 58, Section 2, of the law states the following:
< Article 58-2 (Soliciting to Participate in Voting)
Any person may solicit others to participate in voting: Provided, That the same shall not apply to any of the following acts:
4. Using facilities like placard, printed materials, a loudspeaker or audio or video recorder (including video or audio equipment), shoulder belts, labels, or other marks (limited to where the name of a political party or the name or photograph of a candidate is presented or any content that can be inferred about the name of a political party or candidate is presented.).>
The NEC’s proposed amendment removes the prohibition against campaign language from which can be inferred the name of a specific political party or candidate. The NEC will still ban people from using phrases that directly mention a certain party or candidate even if the amended regulation is passed in the National Assembly.
The NEC also proposed repealing parts of Article 90 and Article 93 the election law. These articles limit using facilities and pamphlets. Part of Article 90 of the law states the following.
< Article 90 (Prohibition of Installing, etc. of Facilities)
(1) No one shall commit any of the following acts, except for those prescribed by this Act, in an effort to influence an election from 180 days before the election day (in cases of a special election, the time when the reason for holding such election becomes final) to the election day. In such cases, the use of the name of a political party (including a preparatory committee for the formation of a new political party), the name or photograph of a candidate (including any person who intends to be a candidate; hereafter the same shall apply in this Article), or expressing contents which make it possible to analogize such a name shall be deemed to be aimed at exerting an influence on the election:
1. Installing, displaying, posting or distributing any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising material or facilities;
2. Wearing or distributing a label or other indicating materials;
3. Manufacturing or selling a symbol indicating candidate, such as a doll or mascot.>
Article 93, Section 1, of the Public Official Election Act states that: “No one shall distribute, post, scatter, play, or run an advertisement, letter of greeting, poster, photograph, document, drawing, printed matter, recording tape, video tape, or the like which contains the contents supporting, recommending or opposing a political party (including the preparatory committee for formation of a political party, and the platform and policy of a political party; hereafter the same shall apply in this Article) or candidate (including a person who intends to be a candidate; hereafter the same shall apply in this Article) or showing the name of the political party or candidate with the intention of influencing the election, not in accordance with the provisions of this Act, from 180 days before the election day (when the reason for holding the election becomes final, in case of a special election) to the election day.”
The NEC said that everyone should be allowed to express their political views freely by using facilities and publications before the official election campaign period.
“We submitted [similar] proposals to amend the law in 2013 and 2016 but they did not get passed to become new law,” the NEC said. “We wish that the academia, civic groups, media and others take an interest in this amendment proposal so that the politics can be resolved this time.”
The main opposition People Power Party (PPP) raised the issue of the NEC’s biased standards and grilled acting Prime Minister Hong Nam-ki at the recent parliamentary interpellation session held on April 19.
Heo Eun-ah, a lawmaker from the PPP, argued that the NEC used double standards in interpreting the election law and allowed possible election campaigning that would help the DP while banning those would be favoring the PPP. She particularly pointed out that the Traffic Broadcasting System (TBS) radio channel, run by the Seoul Metropolitan Government, used the slogan saying “Let’s do 1” during this year’s election. “1” is pronounced “Il”, in Korean, which then would translate as “Let’s do the work,” but at the same time it could also be interpreted as “Let’s go ahead with 1,” referring to the DP candidate, who was candidate No. 1 on the ballot. The NEC said this did not violate the election law.
“I am not in a position to provide comments on this issue, but if I have to answer to it, I think that I would say that I do respect the NEC’s decision,” acting Prime Minister Hong said. “I served in public service for the past 36 years, and I believe that employees of the NEC would not have worked in a biased way.”
Hong added that, “It is like asking people what they think about a photo that was taken in front of a subway station exit labeled No. 1.”
The PPP lawmakers from the floor booed and jeered at Hong’s remarks. Then the media caught Kim Sang-hee, a Deputy Speaker of the National Assembly from the DP who presided over the session, saying “Wow, they are just so excited.” After Kim’s reaction was reported on the news, the PPP released a statement criticizing her. “Kim Sang-hee’s insulting comment at the sacred place where lawmakers were chosen by the people ask questions about government was an act that ignored the people,” the PPP said. “Kim should apologize right away for mocking other lawmakers.”
On Wednesday, Kim apologized, saying that “Talking to myself created a misunderstanding, and I would like to apologize to all lawmakers and people for causing concerns.”
Meanwhile, the Kyunghyang Shinmun newspaper, which is considered more liberal than other newspapers, ran an editorial on Thursday declaring its support for the election law amendment.
“It is stupid to discuss which party would benefit more from this old legal document,” it read. “We should amend the election law to expand freedom of speech.”
