Baek Sung-hyun, Nonsan Mayor, receives election invalidation ruling in first trial for gifting holiday presents to voters

Baek Sung-hyun, the mayor of Nonsan, South Korea, has received a sentence of 1.5 million won in a first-instance trial, a ruling that could lead to the invalidation of his election.

The charges against Mayor Baek, 66, stem from allegations of providing gifts valued at approximately 3.8 million won to over 100 constituents without legal justification during the 2023 and 2024 Lunar New Year and Chuseok holidays. South Korean public election law prohibits local governments from providing funds or gifts to constituents unless explicitly permitted by law or ordinance, and certainly not in a manner that suggests the gift originates from the head of the local government.

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The court found that the gift list appears to have been changed to reflect the defendant's connections, and it is difficult to believe that the public officials who actually carried out the gifts prepared them directly without asking the defendant.

Mayor Baek's defense argued that these gift-giving practices were a long-standing tradition from the previous administration, that he had not instructed any public officials, and that there was no conspiracy. However, the court rejected these arguments. The judges noted that the gift list appeared to have been altered to reflect Mayor Baek's personal connections, making it unlikely that public officials compiled it without his input. Furthermore, recipients perceived the gifts as coming from Mayor Baek personally, not from the city, with some Nonsan city officials even referring to the donations as "Mayor's gifts."

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Many of the actual recipients recognized the gifts not as coming from Nonsan City, but from the defendant as an individual. Nonsan City officials also referred to the gifts sent through each donation act as 'Mayor's gifts.'

The court found the scale of the offense significant, considering the duration and number of recipients. It also noted Mayor Baek's lack of remorse and his "difficult to understand" explanations for the facts confirmed by objective evidence during the investigation and trial. However, the court acknowledged that the gifts were given a considerable time before the local elections, suggesting a limited impact on the election outcome.

Following the verdict, Mayor Baek stated his intention to appeal, saying, "I cannot accept the ruling. I will have an opportunity to fully explain my unjust circumstances in the appellate court." Election law in South Korea stipulates that a candidate's election is invalidated if they receive a prison sentence or a fine of 1 million won or more for election law violations.

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I cannot accept the ruling. I will have an opportunity to fully explain my unjust circumstances in the appellate court.