Joint Task Force Begins Analysis of NEC Seized Materials in 'Ballot Paper Shortage' Incident... Noh Taeak and Others Expected to Be Summoned
Key Issue: Awareness and Response to Ballot Paper Shortage
Proving Intent in Violations of the Public Official Election Act and Dereliction of Duty is Crucial
The Joint Investigation Headquarters (Joint Task Force) composed of prosecutors and police, established to uncover the truth behind the 'ballot paper shortage incident' during the June 3rd local elections, has begun analyzing materials secured through a sweeping raid of the National Election Commission and related offices.
According to the legal community as of June 12, the Joint Task Force for the Investigation of Infringement on Citizens’ Suffrage is set to analyze materials obtained from raids conducted the previous day at seven locations, including the National Election Commission, the Seoul Election Commission, and the Songpa, Seocho, Gangnam, Gwangjin, and Dongjak district election commissions. Additional raids are also expected to secure electronic information stored on the central NEC servers.
It is reported that during the approximately 13-hour-long search and seizure, the Joint Task Force obtained ballot paper printing plans, budget documents, meeting minutes, voting records, and electronic files. The operation involved three prosecutors, about ten prosecution investigators, and roughly 100 police officers.
This search and seizure is seen as a response to the urgent need to secure relevant evidence in order to determine the cause of the ballot paper shortage. In particular, as issues concerning the storage and management of the ballot papers have also surfaced, there is increasing analysis that compulsory investigations were necessary to prevent the destruction of evidence.
The Joint Task Force is expected to first verify when and to what extent the NEC became aware of the possibility of a ballot paper shortage through their analysis of the seized materials. They are also focusing on the circumstances under which, despite securing a budget for ballot papers equivalent to 110% of the number of eligible voters, the actual number of printed ballots was significantly reduced in certain regions.
The key issue for the investigation going forward will be proving intent. To apply charges of violating the Public Official Election Act, investigators must determine whether NEC officials used their positions to interfere with the freedom of the election, or if they influenced the election through illicit means. In terms of dereliction of duty, the central question is whether they failed to take necessary action without just cause, even though they were aware of the potential shortage. The legal community notes that it must be proven that, beyond simple administrative error or poor management, officials could have foreseen the shortage but intentionally failed to take additional measures such as extra printing and distribution, in order for criminal liability to be established.
After analyzing the seized evidence, the Joint Task Force is expected to summon key NEC officials for questioning. It has been reported that the search warrant issued the previous day listed former NEC Chairman Noh Tae-ak, former NEC Secretary-General Heo Cheol-hoon, and former Seoul Election Commission Chairman Oh Min-seok as suspects.
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Previously, on the day of the main vote in the June 3rd local elections, polling stations in districts across the country, including Songpa, Gangnam, and Gwangjin in Seoul, faced ballot paper shortages, preventing some voters from casting their ballots on time. In response, the prosecution and police established the Joint Task Force at the Seoul Central District Prosecutors' Office on June 9, following President Lee Jaemyung’s directive, and began a full-scale investigation.
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