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Consequently, the right to equality and right to pursue happiness of the Complainant are infringed upon and, thus, the suspension of prosecution shall be nullified. * This translation is provisional and subject to revision.

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Case on Election Campaign by Teacher via Social Networking

Judgment

Question Presented: A public school teacher shared a post on his/her Facebook that indicated that a political candidate was lying.

Alleged Acts: The prosecutor suspended prosecution for the action stating that it was a minor action. The complainant filed suit requesting nullification of the suspension.

Summary: Under the Election Act an election campaign is any action carried out with the intention of aiding a particular candidate. The complainant's posts consisted of sharing two articles alleging the candidate lied. The court considered the content of these posts, the number of posts, the number of facebook friends the complainant had, and the definition of election campaign. In this assessment the court determined that these were not active and planned action sufficient to meet the objective standard of helping a certain candidate.

Conclusion: The Facebook posts are not sufficient to constitute an election campaign.

Legal Issue(s)

Social Media

Applicable Law(s): Public Official Election Law Act

Region: Asia-Pacific

Country: South Korea

Language of Decision

English

Court: Constitutional Court

Election Type: Review of law

Date of decision: Feb 27, 2020

Geolocation

Latitude: 37.6937359

Longitude: 126.878427

: Geolocation

Primary Documents

e2016m1071_1.pdf
English
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Election Judgments - IFES

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Case on Election Campaign by Teacher via Social Networking

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