The National Election Commission requested the Supreme Prosecutor’s Office to investigate a member of the National Assembly on June 14. It was based on the allegation that he made a remark supporting a certain political party, in an event organised by a group of Korean-Americans, held in Los Angeles, the U.S. on May 10.

According to the NEC, he participated in a rally concerned about overseas voting, held at a hotel in LA, and asked other participants to support a certain political party. It was allegedly a violation of Article 254 of the Public Official Election Act, which forbids election campaign activities before the official campaign period. Due to the inconsistency of testimonies of the person involved in the case, the NEC brought the case to the prosecutor for further investigation.

In a separate case, the NEC found that a person who holds US citizenship run an advertisement supporting and promoting a potential candidate for the 18^th presidential election on the newspaper of May 19, 2011. In response, the NEC asked him to refrain from committing any activities in violation of Korea’s laws through an overseas election officer based in New York, the US. The NEC also decided to request the Minister of Justice to prohibit him from entering Korea, if he is found to have committed such violations again, in accordance with Article 11 of the Immigration Control Act.

Legal actions cannot be taken against overseas Koreans who hold US citizenship, even if they violate the election laws. However, the measures that the NEC took show its determination to prevent Koreans who hold citizenship of foreign country intervening in Korean elections while violating Korean laws. Also, based on these measures, if Koreans with foreign citizenship violate the Public Official Election Act in the days to come, they might be denied entry into Korea, in accordance with the Immigration Control Act.

The NEC said that it will more rigorously deal with law violations concerning overseas voting than domestic law violations. It also called for more precautions from those work for political parties and National Assembly members when they participate in events or gatherings of overseas Koreans. They are advised not to take any actions that can be considered as election campaign activities before the official campaign period.

In case of election law violations committed abroad, there are many difficulties for the NEC to exercise its investigating, law-enforcing authorities. Main causes, among others, are the issue of sovereignty, international law and the shortage of manpower. Thus, the active cooperation and self-discipline are required from the organisations, the media, and opinion leaders of overseas Koreans.

The NEC has dispatched overseas election officers to 55 overseas embassies, consulates, and missions since April this year, giving guidance regarding election law violations. Starting from October this year, the Overseas Voting Committee will be set up at all overseas missions. In addition, there will be the specialised law-enforcing teams, the call centres receiving the report of election law violations, and the network of overseas Koreans and volunteers groups who would report law violations. As such, the NEC will take every necessary measure allowed under the current system to prevent election law violations committed abroad.

If Korean nationals who are permanent residents and sojourners in foreign countries are found to have committed election law violations abroad, they might face legal actions and be banned from departing Korea once they set their feet in Korea, according to Article 4 and Article 11 of the Immigration Control Act. If those who acquired foreign citizenship are found to have committed violation, they might be denied entry into Korea.

The NEC requested overseas Koreans and politicians to voluntarily comply with the laws, so that the first overseas voting in next year can be conducted in a festive mood, demonstrating mature election culture of Korea.