Home > 2.9 Electoral offences and sanctions > KOREA - Public Offical Election Act
 
 
 
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Article 250
 

(Publication of False Facts)


(1) Any person who publishes or makes another person publish the false facts (where academic background is entered, the case where it is not entered
by means referred to in Article 64 (1) shall be included) on the birthplace, status, occupation, career, etc., property, personality, behavior of a candidate, his/her spouse, lineal ascendants or descendants, or siblings, or on organizations to which they belong by means of a speech, broadcast, newspaper, wire service, magazine, poster, propaganda document or others, so as to be favorable to the candidate (including a person who intends to be a candidate; hereafter the same shall apply in this Article), with the intention of getting elected or getting another person elected, or persons who possess a propaganda document in which a false fact is enter ed with the intention of distributing it, shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won.


<Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 9974, Jan. 25, 2010>


(2) Any person who publishes or makes another person publish any false facts on a candidate, his/her spouse, lineal ascendants or descendants, or
siblings, so as to be unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda
document, or other means, with the intention of stopping the candidate from being elected, or persons who possess a propaganda document in
which a false fact is entered with the intention of distributing it, shall be punished by imprisonment with prison labor for not more than seven
years or by a fine of not less than five million won nor more than 30 million won.


<Amended by Act No. 5262, Jan. 13, 1997>


(3) Any person who commits the acts provided for in paragraph (1) (excluding the case of failure to enter the academic background in a manner provided for in Article 64 (1) ) in connection with the intra-party competition shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding six million won and any person who commits the acts provided for in paragraph (2) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding ten million won. In such cases, the "candidate" or the "candidate (including anyone who intends to become the candidate" shall be deemed "the candidate for competition".


<Newly Inserted by Act No. 7681, Aug. 4, 2005>