Former Democratic Research Institute Deputy Director Nam Young-hee lost a lawsuit seeking to nullify the election for Incheon Dong·Michuhol B held on April 10, 2024, claiming poor election management. People Power Party lawmaker Yoon Sang-hyun, who was elected in the race, will keep the seat.
The Supreme Court's Third Division (presiding Justice Lee Suk-yeon) on the 15th dismissed the election-nullification suit filed by Democratic Party of Korea candidate Nam Young-hee, who ran in the Incheon Dong·Michuhol B race, against the Chairperson of the Incheon Michuhol District Election Commission.
In the Incheon Dong·Michuhol B count, Nam received 57,705 votes (49.55%), losing to Yoon, who received 58,730 votes (50.44%), by 1,025 votes (0.89 percentage points).
Nam's camp said that on the day of the count, it confirmed that only 4 of the 7 advance out-of-district ballot boxes were counted and that it did not see the other 3 being counted, and demanded a recount. The election commission conducted a recount in the presence of observers from both sides, and the loss was confirmed.
Nam then said would accept the election result, but on the 29th of the same month filed an election-nullification suit with the Supreme Court. The claim was that the election commission excluded observers from Nam's side from observing the count, and that in the counting sections allocated to "Sungui 1·3, 2" among counting stations, a ballot box from Juan-dong in the Incheon Dong·Michuhol A district was opened, creating a possibility that ballots were mixed, which constituted grounds for nullification. The camp also said a large number of ballots missing the polling manager's stamp were found.
Filing the suit, Nam said, "The election commission committed procedural violations through indifferent, irresponsible ballot and count management and operations," and added, "We strongly ask the Supreme Court to clearly reveal the plausibility of counting errors that procedural mistakes by the election commission could cause."
An election-nullification suit is handled by the Supreme Court in a single instance. If the Supreme Court finds that rules were violated during the election process and determines that the outcome changed as a result, it can rule the election invalid.
The Supreme Court found that the election commission did not obstruct the exercise of the right of Nam's counting observers to participate in the process of opening ballot boxes and counting, nor did it commit wrongdoing by violating the Public Official Election Act provisions on observation procedures. It also said there was no evidence to recognize that the election commission opened or counted ballots without distinguishing between the Incheon Dong·Michuhol A and Dong·Michuhol B districts.
The Supreme Court also said, "It is difficult to recognize the illegality in preparing the counting situation table as claimed by the plaintiff (Nam)," adding, "We cannot find materials to recognize that the number of ballots recorded on the counting situation table differs from the sum of each candidate Nam Young-hee and Yoon Sang-hyun's votes and the invalid ballots." It also said there was no evidence to recognize that a large number of ballots missing the polling manager's stamp were found.