Kim Moon-soo, former Minister of Employment and Labor (MOEL) and former People Power Party presidential candidate, who was brought to trial on charges of handing out a preliminary candidate's business card to voters during the party primary for the 21st presidential election, was fined 500,000 won in the first trial. Because the amount is less than the 1 million won threshold that would bar a person from running for office, his eligibility to run will be maintained if the sentence is finalized as is.
The Criminal Agreement Division 35 of the Seoul Central District Court (Presiding Judge Baek Dae-hyeon, Director General judge) handed down the sentence to the former Minister on the 24th for violating the Public Official Election Act. Prosecutors earlier sought a fine of 1 million won at the final hearing.
The court determined that, considering the timing and content of the event titled "GTX to the future with young people," which the former Minister attended, and the remarks made at the time, the schedule constituted party primary campaigning. It also viewed the act of appealing for support by handing business cards to five people while moving to the promotion hall after arriving at Suseo Station as primary campaigning outside the methods permitted under the Public Official Election Act.
The defendant's claim that there was no intent was not accepted. The court found it difficult to conclude that the former Minister failed to recognize the nature of the activity as electioneering, given a political career that includes serving as a National Assembly member, Gyeonggi governor, and Minister of Employment and Labor (MOEL). It added that a handshake or taking photos would likely have been sufficient, and there were no unavoidable circumstances requiring an appeal for support by even handing over business cards.
The former Minister's side argued at the final hearing that it was not a planned distribution of business cards to gain an advantage in the primary, but merely taking photos and handing business cards to citizens who expressed support while moving through the venue, and sought acquittal. They also said that, under Supreme Court precedent, unlawful primary campaigning must be active and planned, whereas the acts in this case were spontaneous and passive.
In his final statement, the former Minister also argued that he merely gave out five business cards with numbers written on them to raise awareness of transportation issues, and that it was not electioneering.
Previously, the former Minister was brought to trial on charges of handing out business cards and appealing for support inside a subway ticket gate as a preliminary candidate on the eve of the People Power Party's final selection of its presidential nominee. The Public Official Election Act restricts methods of party primary campaigning, and electioneering that goes beyond those methods can be subject to punishment.