본문 바로가기

Public Official Election Act

Introduction

The Public Official Election Act and the Political Funds Act are vast in volume and complex in structure, making it challenging to identify specific provisions and relevant legal principles applicable to various issues. However, the gravity of sanctions that follow in the event of non-compliance with election-related laws, such as criminal liability, invalidation of election results, replenishment of election expenses, confiscation of political funds, and restriction on the right to be elected, shall not be disregarded. In order to prevent and resolve these issues, the ClassHankyul Election Law Center provides customized stage-by-stage services for clients when providing advice throughout the election campaign process, and representing him/her in investigations and lawsuits, in careful consideration of each client’s individual characteristics/needs.

The ClassHankyul Election Law Center is composed of attorneys who were chairpersons of election commissions at all levels, as well as attorneys who have extensive practical and litigation experience in election-related laws and regulations, former full-time professors at the National Election Commission’s Election Training Institute, and expert committee members who have served as directors of the executive bureau of each Si/Gun/Gu’s election commission. We have also recruited a former chief officer of the National Election Commission’s Election Policy Office and a standing member of city/provincial election commissions as advisors to our team, to further strengthen our expertise.

The ClassHankyul Election Law Center wishes to become your most trusted assistant, with our high-quality services to candidates from the very beginning to the very end of the election processes, as well as in the maintenance of the elected status post-election, provided in close proximity to the candidates promptly and effectively.
 

Major Business

Advice: Consulting on the Public Official Election Act 

- Advice on the legality of election campaigns
- Advice on the legality of promotional materials such as pledged policies, candidate speeches, and press conferences
- Legal response to emergency situations such as investigations, inquiries, and measures by election commissions - Response to unexpected incidents such as accusations, complaints, etc.
- Response to defamation-related disputes
- Response to (complaints, accusations, etc.) illegal election campaigns by competing candidates
- Advice on the legality of accounting, in connection with election expenses, political funds, etc.
- Training and consultation on other general legal issues related to election campaigns

Litigation: Defending Clients in Alleged Public Official Election Act and Political Funds Act Violation Cases Against the Police, the Prosecution and in Courts

- Proactive and systematic defense from the phase of initial response to investigations, to the phase of pleadings in the courts
- Pleading in accordance with the specificities of each case, tailored by each stage, such as pre-investigation, investigation, trial, etc.
- Representation in various election-related lawsuits, such as related lawsuits and injunctions, requests for adjudication on the constitutionality of statutes, and constitutional complaints
 

Major Performance

Consulting Related to the Public Official Election Act

- Superintendent of Education C○○ 
- Superintendent of Education H○○ 
- Member of the National Assembly Y○○ 
- Member of the National Assembly S○○ 
- Member of the National Assembly G○○ 
- Member of the National Assembly P○○ 
- Member of the National Assembly O○○ 
- Member of the National Assembly L○○ 
- Member of the National Assembly Y○○ 
- Member of the National Assembly S○○ 
- Member of the National Assembly G○○ 
- Member of the National Assembly B○○ 
- Member of the National Assembly L○○ 
- Member of the National Assembly K○○
- Member of the National Assembly K○○
- Member of the National Assembly L○○
- Member of the National Assembly O○○
- Local government Head K○○ 

Response to Investigations 

- Defended a member of the National Assembly, K○○, against allegations of Public Official Election Act violations (non-prosecution)
- Defended a member of the National Assembly, B○○, against allegations of Public Official Election Act violations (non-prosecution)
- Defended a member of the National Assembly, S○○, against allegations of Public Official Election Act violations (non-prosecution)
- Defended a member of the National Assembly, L○○, against allegations of Public Official Election Act violations (non-prosecution)
- Defended the mayor of Seoul  and two other persons of Party B against allegations of Public Official Election Act violations (non-prosecution)
- Defended and advised I○○ against allegations of Public Official Election Act violations (non-prosecution)
- Defended a member of the National Assembly, O○○, against allegations of Public Official Election Act violations (non-prosecution)
- Represented a former head of Gun, K○○, in a lawsuit by which he claimed that the Public Official Election Act had been violated (prosecuted)
- Many others

Response to Lawsuits

- Defended a former leader of Party A, S○○, against allegations of Political Funds Act violations (maintained position)
- Defended a member of the National Assembly, K○○, against allegations of Public Official Election Act violations (maintained position)
- Defended a member of the National Assembly, K○○, against allegations of Political Funds Act violations (maintained position)
- Defended a member of a city council, J○○, against allegations of Public Official Election Act violations (maintained position)
- Defended S○○ against allegations of Public Official Election Act violations (maintained position)
- Defended K○○ against allegations of Public Funds Act violations (maintained position)
- Defended N○○ against allegations of Public Funds Act violations (maintained position) 
- Defended J○○ against allegations of Public Official Election Act violations (maintained position)
- Defended a member of the National Assembly, N○○, against allegations of Public Funds Act violations (maintained position)
- Defended a member of the National Assembly, H○○, against allegations of Public Official Election Act and Public Funds Act violations (maintained position)
- Defended a candidate for the National Assembly, L○○, against allegations of Public Official Election Act violations (maintained position)
- Many others

Relevant Litigation and Preliminary Injunctions 

- Obtained injunction to suspend the effect of the decision to recommend L○○ as a candidate for a public official election 
- Obtained injunction to suspend the effect of the decision to invalidate the recommendation of K○○ as a candidate for a public official election 
 

Related members

More