by Kim HyeongMin
Published 04 Jul.2023 07:11(KST)
Once candidates register, the election enters full-scale competition. The by-election for the President of the Seoul Football Association also began its behind-the-scenes battle for victory after candidate registration was announced on the 15th of last month. Three candidates ran. As with presidential and parliamentary elections, the candidates in this election were evaluated based on their affiliation with either the ruling or opposition factions. Regardless of the candidates' own intentions, their professions, backgrounds, and close associations with certain figures became the criteria for judging their political alignment among football community members.
As competition among candidates intensified, the role of the Election Management Committee became even more crucial. They had to prevent excessive competition that could arise from 'negative campaigning' and help ensure that candidates engaged in fair play.
To this end, the Election Management Committee held its second meeting on the 8th of last month to discuss how to prevent illegal pre-election campaigning. With candidate registration announced a week later and official campaigning about to begin, it was necessary to stop candidates from contacting voters or sending group text messages asking for support before the official announcement. During the discussions, they referred to recent cases where members of the National Assembly were prosecuted for violating the Public Official Election Act due to illegal pre-election campaigning and were sentenced by the court to disqualification from election (a fine of 1 million KRW or more). The reporter suggested to the committee, "Let's designate a period for reporting illegal pre-election campaigning and announce it to receive reports." All committee members agreed. They expected that by accepting reports on illegal pre-election campaigning, natural mutual monitoring and checks among candidates would occur, leading to a positive effect of candidates refraining from illegal campaigning.
Accordingly, the association's secretariat added information about prohibited acts during pre-election campaigning to the election guidelines posted on the 7th of last month and arranged for anyone who discovers such acts to contact the secretariat. The effect was greater than expected. Until the voting day on the 27th of last month, the Election Management Committee received no reports or objections related to election campaigning.
There was only one objection raised from another source. The objector argued that the election should be called a 're-election' rather than a 'by-election.' Their reasoning was that the former president, Choi Jae-ik, who was elected as the 14th president, violated the rule limiting one consecutive term, and the Supreme Court confirmed his disqualification from election. Therefore, they claimed that the term served by Choi after his election should be considered null from the start, and the election should be held again. If the objection were accepted, the term of the president to be elected this time would change. If changed to a re-election, the term would be guaranteed for four years, allowing service until January 2027; if the by-election status were maintained, the new president would serve the remainder of Choi's term until January 2025. Additionally, the composition of the Election Management Committee differs: for by-elections, external members participate, but for re-elections, the committee is composed of delegates such as district football association presidents. By-elections often occur due to unforeseen accidents, misconduct by the president or related persons, or illegal acts, so external members are specially included to enhance fairness. The objector also claimed that the secretariat did not follow the prescribed candidate recommendation and random selection methods when selecting the electorate.
Since a more thorough legal review was necessary, lawyers participating in the Election Management Committee first examined the objection based on election regulations. They concluded that, considering the circumstances and reasons for holding this election, there was no legal issue with proceeding as a by-election. They also judged that conducting it as a by-election could be fairer than as a re-election, ultimately dismissing the objection. The objection regarding the electorate composition was also rejected, recognizing the secretariat's efforts to conduct a fair draw using various methods, including random selection via PC programs.
The Election Management Committee also requested the secretariat to ensure that the dismissal decision and its reasons be notified to the objector. Clearly stating the reasons for dismissal helps avoid 'closed-door discussions' and allows the election to proceed transparently. After the dismissal notification, no further objections were raised. No matter how perfectly an election is conducted, disagreements can always arise. What is important is to listen to those disagreements and, if they are judged to be incorrect, to help the parties accept the decision through sufficient explanation. The process of receiving, discussing, and notifying the objection by the Election Management Committee was a valuable experience that reaffirmed this fact.
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