"Election Law Violation" Jeong Junho Fined 10 Million Won in First Trial... Ruling Results in Loss of Parliamentary Seat

"Guilty Verdict for Accepting Political Funds
in Exchange for Promise to Hire Aide"

Jeong Junho, a member of the Democratic Party of Korea representing North Buk-gu in Gwangju, was handed a sentence in the first trial that results in the loss of his parliamentary seat after being prosecuted for illegal campaign activities and accepting unlawful political funds during the 22nd general election.

Assemblyman Junho Jung of the Democratic Party of Korea. Yonhap News Agency

On the 18th, the 12th Criminal Division of the Gwangju District Court (Presiding Judge Jang Wooseok) sentenced Assemblyman Jeong, who was indicted on charges of violating the Public Official Election Act and the Political Funds Act, to a fine of 10 million won and ordered the forfeiture of 50 million won.

Two election office staff members who were prosecuted along with Jeong were each fined 7 million won and 4 million won, respectively.

Jeong was indicted for promising to hire the child of a local construction company president as an aide if elected in the 'April 10 General Election,' and in return, receiving 50 million won in July 2023.

He was also charged with instructing unregistered campaign workers to conduct illegal primary election campaigns between November 2023 and February 2024, and with mobilizing 12 telephone campaigners to make approximately 15,000 promotional calls and send about 40,000 text messages to voters, providing monetary compensation in return.

The court determined that the key issue of receiving 50 million won constituted an illegal political fund. The court found that Jeong was engaged in political activities in preparation for his candidacy at the time, and he used some of the funds to install a signboard reminiscent of the Democratic Party of Korea’s logo which was later posted on social media, considering the money to be tied to his political activities.

Among the violations of the Public Official Election Act, the court only found Jeong guilty of providing a salary of approximately 3.8 million won to an employee in charge of social media and promotional work at the campaign office as compensation for primary election campaigning.

Conversely, regarding the payments (such as daily wages) made to the telephone campaigners, the court ruled him not guilty, stating, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that Jeong was aware of or conspired in advance regarding the provision of monetary benefits."

The court pointed out, "Receiving 50 million won in a manner not prescribed by law in connection with hiring parliamentary aides undermines the transparency of political funds, and the seriousness of this offense is significant."

However, the court cited mitigating factors in sentencing, stating, "The 50 million won was returned after the fact, the promise to hire aides was not realized, and Jeong has no prior criminal record and is a first-time offender."

This trial followed a complicated path, as a procedural flaw—wherein the prosecutor who conducted the investigation also filed the indictment—led the court to dismiss the charges in February last year. The prosecution subsequently refiled the case, resulting in a new trial.

Jeong's side contended that the invalid indictment should not stop the statute of limitations, and therefore, the prosecution period had already expired. However, the court did not accept this argument, stating, "Even though there was a procedural defect in the earlier indictment, it is not sufficient to undermine the principles of substantive truth-finding or the exercise of the state’s penal power, and the effect of suspension of the statute of limitations itself does not disappear."

After the verdict was announced, Jeong told reporters, "There are many legal grounds to dispute the facts found guilty and the status of the statute of limitations. I intend to actively present my case in the appeals court to clear my name and ensure that my parliamentary activities are not hindered."

If a member of the National Assembly is convicted with a fine of 1 million won or more by the Supreme Court for violating the Public Official Election Act or Political Funds Act, the election result becomes invalid and the individual loses their parliamentary seat.

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