A constitutional petition has been filed arguing that provisions of the Public Official Election Act, which strip voting rights from inmates serving prison terms of one year or more, are unconstitutional.

According to the Public Interest and Human Rights Defense Center of Minbyun-Lawyers for a Democratic Society, two individuals, including a person identified as A who received a final prison sentence of one year or more for violating the National Security Act, recently filed a constitutional complaint seeking a confirmation of unconstitutionality against Article 18, Paragraph 1, Item 2 of the Public Official Election Act.

This provision stipulates that individuals who have been sentenced to imprisonment or penal servitude of one year or more and whose sentences have not been completed, or whose exemption from execution has not been finalized as of election day, do not have the right to vote.

Based on this provision, A and B were unable to cast their ballots in the 9th Nationwide Simultaneous Local Elections held on June 3 of this year.

Minbyun's Public Interest and Human Rights Defense Center, which is supporting them, criticized the measure, stating, "The legislative purpose itself of the Public Official Election Act restricting the voting rights of inmates is unjustified." They added, "While crime prevention and the cultivation of law-abiding consciousness are often cited as purposes for restricting voting rights, the argument that stripping voting rights has a crime-deterrent effect lacks persuasiveness."

They further pointed out, "On the contrary, to help inmates reintegrate into society, they should be granted the most fundamental right to vote," and noted, "Bearing criminal responsibility and exercising sovereignty as a citizen are matters on different levels."

The organization also argued that the Public Official Election Act uniformly restricts voting rights simply upon receiving a prison sentence of one year or more, without distinguishing between prisoners of conscience, minor offenders, or unintentional offenders, thereby violating the constitutional principle of the minimum restriction.

They also emphasized that countries such as Sweden, Switzerland, Slovenia, Ireland, the Czech Republic, and Finland do not restrict the voting rights of inmates at all.

(Photo: Yonhap News)