When you may need advice
- I went to a meal arranged by a preliminary candidate's side and was contacted by the election commission
- I shared a post about a rival candidate on social media and was reported for publishing false information
- I am accused of giving campaign workers money on top of their allowance
- I was indicted for an election law violation after winning, and I am worried my win will be voided
- I am being investigated for sending text messages before the official campaign period
Relevant laws
Public Official Election Act (공직선거법) Article 250 (Publishing False Information)
Publishing false information favorable to a candidate in order to get them elected is punishable by up to 5 years in prison or a fine of up to KRW 30 million. Publishing false information unfavorable to a candidate in order to prevent them from being elected is punishable by up to 7 years in prison or a fine of KRW 5 million to KRW 30 million.
Public Official Election Act Article 257(1) (Violation of Restrictions on Donations)
Violating the restrictions on donations by candidates and others, or by third parties, is punishable by up to 5 years in prison or a fine of up to KRW 10 million.
Public Official Election Act Article 268 (Statute of Limitations)
The statute of limitations for election crimes expires 6 months after election day (for crimes committed after election day, 6 months from the date of the act). It is 3 years if the offender fled, and 10 years if a public official committed the crime in connection with their duties.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Consequences of election crimes
The winning candidate
- Standard
- Sentenced to prison or a fine of KRW 1 million or more (Article 264)
- Result
- Election win voided
Campaign manager or accounting officer, or the candidate's spouse, parents, grandparents, children or grandchildren
- Standard
- Sentenced to prison or a fine of KRW 3 million or more for vote buying, donations or similar acts (Article 265)
- Result
- The candidate's election win voided
Election offenders
- Standard
- 5 years after a fine of KRW 1 million or more becomes final, among others (Article 18)
- Result
- Restriction of voting rights
People who received money, valuables or food
- Standard
- Value received of KRW 1 million or less (Article 261(9))
- Result
- Administrative fine of 10 to 50 times the value received (up to KRW 30 million)
| Who | Standard | Result |
|---|---|---|
| The winning candidate | Sentenced to prison or a fine of KRW 1 million or more (Article 264) | Election win voided |
| Campaign manager or accounting officer, or the candidate's spouse, parents, grandparents, children or grandchildren | Sentenced to prison or a fine of KRW 3 million or more for vote buying, donations or similar acts (Article 265) | The candidate's election win voided |
| Election offenders | 5 years after a fine of KRW 1 million or more becomes final, among others (Article 18) | Restriction of voting rights |
| People who received money, valuables or food | Value received of KRW 1 million or less (Article 261(9)) | Administrative fine of 10 to 50 times the value received (up to KRW 30 million) |
Based on the Public Official Election Act as in force from October 2, 2026. A person who received more than KRW 1 million faces criminal punishment, not an administrative fine.
Both the limitation period and the trials are short
Because the statute of limitations for election crimes ends 6 months after election day, investigations are concentrated within that time. If you are indicted, the first-instance court must deliver its judgment within 6 months from the date of indictment, and the second and third instances each within 3 months from the judgment of the court below (Article 270).
That leaves little time to gather evidence and organize your statements. It is important to organize text messages, event photos and accounting records from the election commission investigation stage.
The amount of the fine decides whether the win stands
If a winning candidate is sentenced to prison or a fine of KRW 1 million or more, the election win is voided. The candidate's win is also voided if someone close, such as the campaign manager or spouse, receives a prison sentence or a fine of KRW 3 million or more for vote buying or donations.
So in election cases, not only guilt or innocence but the amount of the fine itself is in dispute. Restrictions on holding public office and on voting rights also follow, so the consequences should be weighed before the sentence becomes final.
Those who received something also pay administrative fines
Voters who received meals or gifts from a candidate's side can face an administrative fine (과태료) of 10 to 50 times the value received, up to KRW 30 million. If you return what you received to the election commission and voluntarily report it, the fine can be reduced or waived (Article 261(9)).
There is also a special rule that reduces or waives the penalty for people who received or agreed to receive money or valuables, or who handed them out on instructions, if they voluntarily surrender (Article 262). Decide on the timing and method of surrender in a consultation first.
Social media posts can also be publishing false information
People are often reported for publishing false information even for sharing or reposting allegations about a rival candidate. The issues are whether you had grounds to believe the content was true, and whether it was an expression of opinion or a statement of fact.
Even when raising suspicions, it can be held against you if you cannot present supporting materials. Keep the articles and materials you checked at the time you posted exactly as they are.
Factors that affect the outcome and sentence
Factors that work against you
- · Large amounts of money or valuables given in an organized way
- · Directed by the candidate personally or the core of the campaign
- · False information spread widely enough to affect the election result
- · Repeating it even after a warning from the election commission
Factors that work in your favor
- · A one-time act involving a small amount
- · There were grounds to believe the information was true
- · Voluntary surrender or returning what was received
- · No prior election law violations
How our Criminal Law Center handles your case
- 1
Election commission investigation
Before the election commission's question-and-answer interview, we organize the facts and materials and decide the direction of your statement together.
- 2
Attend questioning during the investigation
If you are questioned by the police following a criminal report or a request for investigation, we rehearse with you and attend the questioning.
- 3
Search and seizure response
If the campaign office or your home is searched, we attend the search and apply to take part in the forensic examination.
- 4
Trial
If you are indicted, we prepare evidence and sentencing materials in advance to fit the short trial period, and defend you with the fine thresholds in mind.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
Am I safe from punishment once 6 months have passed after the election?
The statute of limitations expires 6 months after election day. However, it is extended to 3 years if the offender fled or helped an accomplice or witness flee, and to 10 years if a public official committed the crime in connection with their duties. For acts after election day, it is counted from the date of the act.
I only went to a meal. Will I be fined?
If you received food provided by a candidate or their associates, you can also face an administrative fine. It depends on whether everyone paid their own share and who provided the meal, so check your receipts and transfer records.
If I am indicted for an election law violation together with another crime, are the fines combined?
If an election crime and another crime are indicted together, the sentences are pronounced separately (Article 18(3)). The fine amount that serves as the standard for voiding an election win is based only on the sentence for the election crime.