▲ Seoul Mayor Oh Se-hoon
The independent counsel team led by Min Joong-ki has submitted an appellate brief to the appellate court stating that Seoul Mayor Oh Se-hoon violated the so-called "Oh Se-hoon Act," legislation he spearheaded in the past.
In the appellate brief recently submitted to Criminal Division 7 of the Seoul High Court (Presiding Judge Koo Hoi-geun), the independent counsel team noted that Mayor Oh previously led the passage of the three major political reform bills (the Public Official Election Act, the Political Funds Act, and the Political Parties Act).
Citing this background, the counsel team pointed out that Mayor Oh was well aware of the illegality of commissioning public opinion polls and having someone else pay the costs.
It further stated, "As a figure who spearheaded the so-called 'Oh Se-hoon Act,' his crime of evading the provisions of the Public Official Election Act is extremely grave."
After declaring he would not run in the 17th general election in 2004, Mayor Oh served as the secretary of the National Assembly's Special Committee on Political Reform, leading the passage of the three political reform bills aimed at banning corporate political donations.
These three political reform bills are known as the "Oh Se-hoon Act" after his name.
Mayor Oh, then a freshman lawmaker, is evaluated as having risen to the ranks of influential politicians and laid the groundwork for his five terms as Seoul mayor through this legislation, which aimed to establish a clean election culture and a transparent political system.
Mayor Oh was indicted without detention in December of last year on charges of receiving public opinion poll results 10 times from political broker Myung Tae-kyun ahead of the April 7 Seoul mayoral by-election in 2021 and having businessman Kim Han-jung, known as a longtime benefactor, pay 33 million won on his behalf.
On June 22 of last year, the first-instance court sentenced Mayor Oh to a fine of 10 million won and ordered the forfeiture of 21 million won.
According to the Political Funds Act, if a fine of 1 million won or more for illegal political fund acceptance is finalized, the individual is barred from holding or being appointed to public office for five years.
If already holding or appointed to office, the individual must step down.
This provision was newly introduced in the Oh Se-hoon Act and is maintained in the current law.
Kang Chul-won, former Deputy Mayor for Political Affairs of Seoul who was indicted alongside them, was sentenced to a fine of 3 million won, and businessman Kim was sentenced to a fine of 5 million won.
The first instance court determined that out of 10 polls listed in the indictment, Mayor Oh commissioned Myung to conduct five polls (three unpublished and two published) and had Kim cover 21 million won in costs.
Regarding the remaining five polls, the court ruled that it was difficult to conclude that Mayor Oh had commissioned the surveys or that Kim had paid the costs on his behalf.
The independent counsel team's appellate brief is also known to include counterarguments regarding the parts ruled not guilty in the first trial.
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