Han Duck-soo Acquitted in 1st Trial Over 'Gwangju Restaurant Illegal Donation'… "No Expression of Intent to Run"

Former Prime Minister Han Duck-soo, who was indicted on charges of violating the Public Official Election Act ahead of the 21st presidential election, has been acquitted in the first trial.

The 22nd Criminal Settlement Division of the Seoul Central District Court (Presiding Judge Cho Hyung-woo) acquitted Han, who was sent to trial on charges of violating the Public Official Election Act, on October 1, stating that "it is difficult to view him as having been a 'person who intended to become a candidate for election' under the Public Official Election Act at the time of the incident."

Prosecutors had previously sought a fine of 1 million won.

The court pointed out, "According to Supreme Court precedents, a 'person who intended to become a candidate' under Article 113 of the Public Official Election Act refers to someone who has clearly expressed an intention to run to the outside, such as by applying for a nomination," adding, "A definitive external expression of the intent to run or objective evidence through which that intent can be recognized is required."

It further explained, "Such evidence must be judged based on the time of the donation act, and one should not retroactively assume that an intent to run existed simply because he ran for office later."

At the same time, the court noted, "At the time of the donation, the defendant was mentioned as a prominent presidential candidate, but this was an external matter unrelated to the defendant's own will or intentions," pointing out, "It is logically inconsistent to confirm the defendant's intent to run based on this."

Former Prime Minister Han Duck-soo was accused of visiting Gwangju in his capacity as Acting President on April 15 of last year—immediately after an early presidential election was finalized due to the dismissal of former President Yoon Suk Yeol—and sponsoring 1.5 million won of his own money to a restaurant supporting underprivileged groups.

The Public Official Election Act prohibits donation acts by anyone who intends to become an election candidate, and Han declared his candidacy for the presidency about half a month after sponsoring the restaurant.

Immediately following the declaration, the Rebuilding Korea Party filed a complaint against Han, leading to investigation and indictment in Gwangju.

Subsequently, upon an application by Han's side, the case was transferred from the Gwangju District Court to the Seoul Central District Court.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.