Background
Elections for officers of public bodies such as agricultural and livestock cooperatives, community credit cooperatives and sports associations are governed by a special statute, the Entrusted Election Act. It is strict enough that a final fine of KRW 1 million or more voids an election victory that was hard won. Our client, elected at one such public body, was put on trial for alleged violations of the Act arising from the election process.
What Was at Stake
There were two issues. First, whether the various allegations actually constituted violations of the Act. Second, whether, even if some were established, the fine would exceed KRW 1 million and thus trigger "disqualification." For our client this was not merely a fine but the election victory itself.
How Changchun Helped
Changchun worked through the charges one by one, showing as a matter of law and fact that a substantial part could not be treated as violations of the Entrusted Election Act, and obtained partial acquittals. At the same time we assembled thorough sentencing materials, persuading the court to keep the final fine below the KRW 1 million disqualification threshold.
The court entered partial acquittals and imposed a fine below the disqualification threshold, and our client kept the hard-won position. The case shows that in public body election matters, the amount of the fine must be contested alongside guilt or innocence. (Outcomes depend on the facts of each case and may differ.)