Donation of Food Ingredient Costs to Charity Restaurant While Serving as Acting President

"Subsequent Candidacy Cannot Be Retroactively Assumed from Actions"

Former Prime Minister Han Duck-soo, who was put on trial for donating 1.5 million won worth of food ingredients to a charitable restaurant in Gwangju ahead of the 21st presidential election, was acquitted in the first trial.

Former Prime Minister Han Duck-soo. Photo by Joint Press Corps

Former Prime Minister Han Duck-soo. Photo by Joint Press Corps

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The Seoul Central District Court’s Criminal Agreement Division 22 (Chief Judge Cho Hyung-woo) on October 1 acquitted former Prime Minister Han, who had been indicted for violating the Public Official Election Act. The court ruled that at the time of the donation, it was difficult to consider Han as “a person intending to become a candidate” under the Public Official Election Act.


Han, who was serving as acting president on April 15, 2025, was accused of donating 1.5 million won to a restaurant in Gwangju that sells meals for 1,000 won, coinciding with his visit to the Kia Autoland Gwangju plant.


According to the Public Official Election Act, donations by candidates and those intending to become candidates are prohibited. The Supreme Court precedent interprets “a person intending to become a candidate” as someone whose intention to run has been clearly expressed externally or can be objectively recognized through their status, target of contact, language, and actions.


The court acknowledged that there were suspicious circumstances: continuous reports speculating about his candidacy, Han’s repeated inclusion in public opinion polls, and that he declared his candidacy 17 days after the donation, selecting Gwangju as his first campaign destination. However, the court found it difficult to conclude that Han’s intention to run had been revealed to the extent required by Supreme Court precedent.


The court also noted that while Han was acting president, a position directly related to the presidential election, and was frequently mentioned as a strong candidate, these facts were separate from Han’s own intentions. Han had only offered passive responses to the press, stating he was devoted to national administration, and no associates testified that they were aware of his candidacy plans in advance.



The court further pointed out that Han’s actions were consistent with his regular philanthropic conduct. The court stated that, during his tenure as prime minister, Han had already donated goods to free meal centers and had made personal donations to organizations such as The Fruit of Love and the Korean Red Cross, and that this recent contribution did not differ significantly in manner or amount from his previous donations.


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