Korean Law Demystified!

Posting False Election Claims on Social Media: A Korean Court Fines Criminal Profiler ₩3 Million

<Case Snapshot>

Court: Suwon District Court, Criminal Division 13

Date of Decision: February 5, 2026

Defendant: Lee Soo-jung, local party chair of the People Power Party; also professor and criminal profiler (For reference: https://m.youtube.com/watch?v=FSpBq5g5Cc8)

Charge: Violation of the Public Official Election Act

Sentence: Fine of 3 million KRW (approx. USD 2,200)





What Happened

During the 21st presidential election campaign, the defendant posted content on Facebook claiming:

– President Lee Jae-myung’s two sons were exempted from military service.

– Allegations included references to gambling addiction, mental illness, and back problems.


These claims were factually false.

Both sons had actually completed military service and were discharged as Air Force sergeants.


The post was deleted about 5-10 minutes later.





Why the Court Found Her Guilty

The court held that:

Given her education and social standing, she should have anticipated the impact of posting on social media.

She had sufficient time and ability to verify the information before posting.

The fact that the post was later deleted after confirmation from an aide showed the falsehood was easily discoverable.


The court concluded that she acted with “dolus eventualis” (reckless or conditional intent).

She did not need to want the falsehood to spread.

It was enough that she accepted the risk of spreading false information.





Sentencing Considerations

Aggravating factors

– Even brief posts can have significant electoral impact.

– No reconciliation or forgiveness was obtained from the affected party.


Mitigating factors

– The defendant acknowledged the basic facts.

– She issued an apology and explanatory post afterward.

– The court found no clear evidence that the post significantly affected the election outcome.






Aftermath

Prosecutors had sought a ₩5 million fine, but the court imposed a lower amount.

The defendant announced her intention to appeal.

She argued she lacked sufficient awareness that the content was false at the time of posting.






Why This Case Matters

Social media posts during elections are treated seriously.

Even short-lived misinformation can lead to criminal liability.

Political actors are expected to meet a higher standard of fact-checking.

The case reinforces that:

Deleting a post quickly does not erase criminal responsibility.

Reckless dissemination of false information can be enough for conviction.

Article: https://mobile.newsis.com/view/NISX20260205_0003504165

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