Court: Wearing US flag during vote observation illegal, risks election fairness

A South Korean court has ruled that observing votes while draped in an American flag is an illegal act that can compromise election fairness, equating it to a political demonstration. The Incheon District Court's Criminal Division 13 stated on June 15th that the flag's meaning has evolved in recent years, often being used as a symbol of 'anti-communism' and specific political ideologies at conservative rallies.

The ruling came in the case of an individual identified as 'A,' who served as a poll watcher for former presidential candidate Hwang Kyo-ahn during the 2022 general election. 'A' was charged with violating the Public Official Election Act for wearing a large American flag while observing early voting at a polling station in Incheon's Seo-gu district. The law prohibits the wearing of emblems that could potentially influence the election on election day.

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The American flag has been repeatedly used in recent years as a symbol supporting the ideology or values of groups sharing specific ideological and political inclinations within South Korea.

During the trial, 'A' argued that the American flag is not a prohibited election-related symbol. However, the court rejected this defense, citing the flag's frequent use as a symbol of specific ideological and political groups in South Korea over the past few years. The court noted that the public perceives rallies featuring the American flag as gatherings of groups sharing ideologies like pro-US alliance or anti-communism, with the flag representing those values. Furthermore, the court considered the possibility that the flag could evoke notions of 'election rigging,' especially given 'A's involvement with a group advocating against fraudulent elections, which had used the American flag emoji in social media posts related to the topic.

The court acknowledged 'A's awareness of the flag's political symbolism in South Korea, including its association with anti-communism and pro-US sentiments, when deciding to wear it during vote observation. Despite finding 'A's actions blameworthy, particularly since they continued after being warned by election officials, the court handed down a suspended sentence of a 2 million won fine, considering the defendant's lack of prior criminal record. The ruling underscores the court's stance on maintaining the integrity of the electoral process by preventing potentially partisan displays at polling stations.

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The defendant was fully aware that the American flag is used as a symbol to express political slogans such as anti-communism, election rigging, and the US-ROK alliance in South Korea before and after the incident.