TITLE	Supreme Court en banc Decision 2019Do13328 Decided July 16, 2020 ¡¼Abuse of Authority and Obstruction of Exercise of Rights; Violation of the Public Official Election Act¡½ [full Text]
Summary
[1] Purport of Article 250(1) of the Public Official Election Act that punishes publication of false facts Standards for determining whether candidates for public office, etc., are punishable under the crime of publication of false facts prescribed in Article 250(1) of the Public Official Election Act based on their remarks during candidate debates and matters to be considered in such an instance [2] In the case where the Defendant, a candidate for the head of a local government, was accused of violating the Public Official Election Act on the charge of alleging false facts to the effect that, although the Defendant had directed the head of the public health center under his jurisdiction, on several occasions, to carry on with the procedure for the compulsory hospitalization of his brother, Party A, pursuant to the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients during his time as mayor, the Defendant denied and replied to the effect that he had never attempted the forced hospitalization of his brother to the question posed by his opponent, Party B, asking whether the Defendant was involved in the said procedure for forced hospitalization, the case holding that the Defendant¡¯s remark does not constitute publication of false facts as prescribed in Article 250(1) of the Public Official Election Act

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