Assembly committee passes bill to redefine lying on the campaign trail

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Assembly committee passes bill to redefine lying on the campaign trail

Published: 14 May. 2025, 13:38 Updated: 14 May. 2025, 19:50

LIM JEONG-WON
[email protected]

Audio report: written by reporters, read by AI

Lawmakers pass an amendment to the Public Official Election Act during a meeting of the National Assembly’s Legislation and Judiciary Committee at the National Assembly in Yeouido, western Seoul, on May 14. [YONHAP]

A controversial amendment to Korea’s election law, which removes the term “conduct” from the criteria defining the offense of spreading false information during a campaign, passed the National Assembly’s Legislation and Judiciary Committee on Wednesday.

The ruling Democratic Party (DP) and progressive Rebuilding Korea Party pushed the bill through despite opposition from the conservative People Power Party (PPP), using their majority.

Under Article 250, Paragraph 1 of the current Public Official Election Act, it is illegal to knowingly spread false information regarding a candidate’s birthplace, family background, occupation, career, property or “conduct” for the purpose of influencing the election outcome through speech, broadcasting or communication.

The newly approved revision eliminates “conduct” from this list of prohibited subjects.

The amendment was passed by the Public Administration and Security Committee on May 7, also led by the DP.

“Terms like ‘conduct’ are abstract and overly broad, making it difficult for voters and candidates to anticipate the scope of the law,” said DP Rep. Shin Jeong-hoon, the committee’s chairman and lead sponsor of the bill. “This raises concerns about arbitrary interpretation and enforcement.”

Critics argue that the amendment aims to shield DP presidential candidate Lee Jae-myung from legal jeopardy in an ongoing appeal involving allegations that he made false claims during his campaign.

Posters opposing the amendment to the Public Official Election Act are seen plastered on People Power Party lawmakers' laptops during a meeting of the National Assembly’s Legislation and Judiciary Committee at the National Assembly in Yeouido, western Seoul on May 14. [NEWS1]

The Supreme Court’s full-bench ruling, which the DP claims was procedurally and legally unfair, included the legal interpretation that the candidate’s “golf course remarks” and “Baekhyeon-dong remarks” were false statements regarding the candidate’s actions as defined in Article 250, Paragraph 1 of the Public Official Election Act.

The two remarks refer to statements made by Lee during his 2022 presidential campaign. Lee claimed in a December 2021 interview that he did not play golf with Kim Moon-ki, a former executive at the Seongnam Development Corporation, who was involved in the controversial Daejang-dong development project and was later found dead.

The Supreme Court found the claim false, as evidence had been submitted proving Lee had played golf with Kim, and concluded that Lee deliberately denied verifiable facts.

In October 2021, during a parliamentary audit, Lee stated that the Ministry of Land, Infrastructure and Transport had pressured Seongnam City to rezone land in Baekhyeon-dong, facilitating a housing development project.

The Supreme Court found this claim to be false, too, noting that there was no evidence of such pressure from the ministry. The court concluded that Lee's statement was a factual assertion, not an opinion, and was therefore a violation of election law.

Democratic Party presidential candidate Lee Jae-myung speaks to reporters in front of the UN Memorial Cemetery in Korea in Busan on May 14. [JOINT PRESS CORPS]

As a result of these rulings, Lee's case has been remanded for retrial at the Seoul High Court.

If the revised law Wednesday is enacted in its current form, such charges could be rendered moot due to the removal of the clause, potentially leading to a dismissal of Lee’s case on the grounds that the legal basis no longer exists.

“If the crime of spreading false information is weakened, our elections will become dominated by lies,” said PPP Rep. Song Seog-jun, criticizing the amendment. “This is a reckless pro-Lee Jae-myung law designed to deceive voters.”

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY CHO MUN-GYU, LIM JEONG-WON [[email protected]]