Court: "There Is a Risk of Influencing the Election"
"Committed the Offense Despite Observer's Duty"

A man in his 40s who monitored voting at a polling station during last year's 21st presidential election while draped in the Stars and Stripes has been sentenced to a fine.


According to Yonhap News on June 15, the Incheon District Court Criminal Division 13 (Presiding Judge Kim Gipung) sentenced Mr. A (43), who was indicted on charges of violating the Public Official Election Act, to a fine of 2 million won.


Mr. A was put on trial for monitoring early voting at a polling station in Seo-gu, Incheon, on May 29 last year while draped in a large Stars and Stripes flag. At the time, he was an official early voting observer for a specific presidential candidate. When the on-site election supervisor asked him to remove the flag, he refused and was arrested on the spot by the police.


Article 166, Paragraph 3 of the Public Official Election Act stipulates that "No one may display any insignia, such as armbands or badges, in a way that could influence the election on election day."


American flag. Pixabay

American flag. Pixabay

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Separately, Mr. A was also charged with illegal electioneering for parking his car with six campaign materials for a candidate attached to the doors and windows on May 23 last year.


The court noted that, in recent years, the Stars and Stripes has been used as a symbol at rallies by groups with particular political leanings, and that this meaning is widely recognized among the general public. The court stated, "The defendant was fully aware that the Stars and Stripes is used in South Korea as a symbol expressing political slogans such as anti-communism and opposition to election fraud. Monitoring the vote while draped in the Stars and Stripes constitutes displaying a sign that could influence the election."



The court further explained its reasoning for the sentence, stating, "Given the circumstances and method of the offense, and the degree to which the fairness of the election was compromised, the defendant's culpability is not light. Although the defendant had a duty to ensure a fair election as an early voting observer, he instead committed this offense."


This content was produced with the assistance of AI translation services.

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