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the Public Official Election Act (amended by Act No. 6265, Feb. 16, 2000), and Article 82-2 Section 12 of the Public Official Election Act (amended by Act No.7681, Aug. 4, 2005) (hereinafter collectively referred to as “Provisions on Korean Sign Language or Captions of this case”) violate the fundamental rights of Complainant Yoon ○○, Complainant Kim □□, and Complainant Kim △△ and Ham ▲▲, respectively. Public Official Election Act (Amended by Act No. 15551, Apr.6, 2018) Article 65 (Election Campaign Bulletins) (4) Any candidate may prepare election campaign bulletins of one kind (hereinafter referred to as 98 "election campaign bulletins in braille") for visually impaired electors (referring to visually impaired persons who are registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities; the same shall apply hereafter in this Article) within the number of pages of booklet-type election campaign bulletins under Section 2, other than the election campaign bulletins referred to in Section 1: Provided, That a candidate running in a presidential election, an election of National Assembly members of local constituency, or an election of the head of a local government shall prepare and submit election campaign bulletins in braille; however, such election campaign bulletins may be substituted by printready barcodes whose contents are converted into voice or braille output. Public Official Election Act (Amended by Act No. 6265, Feb.16, 2000) Article 70 (Broadcast Advertisements) (6) the candidate may, in making a broadcast advertisement under Section 1, air the finger language or a caption for the electors with a defective auditory sense. Article 71 (Broadcast Speech of Candidates, etc.) (3) The latter part of Article 70 (1), Article 70 (6), and (8), shall apply mutatis mutandis to broadcast speeches of the candidates, etc. Article 72 (Broadcast of Candidate’s Campaign Speeches Supervised by Broadcasting Facilities) (2) In making a broadcast of the candidates' campaign speeches under Section 1, sign language or a caption may be aired for the hearing impaired electors. Public Official Election Act (Amended by Act No. 7681, Aug.4, 2005) Article 82-2 (Interviews or Debates Supervised by Election Debate Broadcasting Committee) (12) When the Election Debate Broadcasting Committee of each level holds the interviews or debates, it may conduct a superimposed broadcasting or a sign language interpretation for the hearing impaired electors. 99 Summary of the Decision 1. Watching Prohibition of this case The Watching Prohibition of this case was rendered as part of military training to nurture those assigned to supplementary service as military resources and help them adjust to military life. Given the facts that (1) allowing the presidential election interviews and debates to be watched would have posed a high possibility of interference with the military training, considering the time of broadcasting; (2) no

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2017Hun-Ma813

Judgment

Question Presented: Whether any of the following alleged acts violate citizens’ constitutional rights to vote or equality under the law: 1) denying a soldier’s request to watch presidential election interviews and debates; 2) requiring election campaign bulletins written in braille to be within the page limits for booklet-type campaign bulletins; and 3) failing to require Korean sign language or captions in all election-related broadcasts.

Alleged Acts: Complainant Yoon alleges that his platoon leader infringed on his right to vote and to equality under the law because the platoon leader denied Yoon’s request to watch the presidential election interview and debates on April 23 and 27, 2017. Complainant Kim(1), who is blind or has low vision, alleges that Article 65, Section 4 of the Public Official Election Act violates his constitutional rights to vote and to equality under the law by requiring that election campaign bulletins written in braille be the same number of pages as booklet-type campaign bulletins (even though braille characters require more space). Complainants Kim(2) and Ham, who are deaf or hard-of-hearing, allege that several provisions in the Public Official Election Act violate their constitutional rights to vote and to equality under the law because the provisions do not require the use of Korean sign language or captions in election-related broadcasts.

Procedural history: All complainants filed complaints with the Constitutional Court on July 21, 2017.

Summary: Complainant Yoon: The Court held that the platoon leader’s prohibition on watching the debates was part of complainant’s military training. Since allowing the debates would have created a high possibility of interference in the training, the Korea Army Training Center did not provide a television in the dormitory, and the complainant was able to acquire information through other means. The Court ruled that it was difficult to see how complainant’s rights to vote and to equality under the law were violated as he had access to this election-related information. Complainant Kim(1): The Court held that providing materials in braille (a cost borne by the State) is expensive and difficult. Furthermore, a 2015 amendment to the Public Official Election Act requires a candidate or political party “to prepare and submit election campaign bulletins in braille” if they are running in Presidential elections, which greatly expanded the law in favor of citizens who are blind or with low vision. Finally, there are “many other means” by which voters who are blind or with low vision can obtain election-related information. Considering these facts, the Court held that complainant Kim’s rights to vote and to equality under the law had not been violated. Complainants Kim(2) and Ham: The Court held that imposing sign language or captioning requirements on broadcasters would impose excessive costs and infringe upon the freedom of broadcasting and programming. The Court cited laws such as the Broadcasting Act, the Act on Welfare of Persons with Disabilities, and the Act of the Prohibition of Discrimination against Persons with Disabilities to find that the law has already made it compulsory to provide information to voters who are deaf or hard-of-hearing, and that caption and sign-language broadcasting has improved throughout the 2010s (with many recent general election debates being broadcast with sign language). Considering these facts and the law, the Court did not find an infringement of the right to vote or to equality under the law for either complainant.

Conclusion: The Court dismissed all three complaints.

Legal Issue(s)

Accessibility
Elections as a Fundamental Right
Electoral Administration Irregularities

Applicable Law(s): Korean Constitution; Public Official Election Act Art. 65 § 4, Art. 71 § 3, Art. 72 § 2, Art. 82-2 § 12

Region: Asia-Pacific

Country: South Korea

Language of Decision

English

Court: Constitutional Court

Election Type: Presidential

Date of decision: Aug 28, 2020

Geolocation

Latitude: 37.53259896192619

Longitude: 126.9684824804054

: Geolocation

Primary Documents

2017Hun-Ma813(Eng).pdf
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