Korean Court Fines Vote-Counting Observer 2 Million Won for Wearing U.S. Flag

A court has ruled that observing voting while draped in an American flag is an act that undermines the fairness of an election.

In April, the 13th Criminal Division of the Incheon District Court sentenced A, who had been an observer for then-presidential candidate Hwang Kyo-ahn during the 21st presidential election, to a fine of 2 million won in the first trial of his case for violating the Public Official Election Act.

A is accused of violating the Public Official Election Act by observing voting at an early voting station in Seo District, Incheon, on the morning of May 29 last year, the early voting day for the 21st presidential election, while draped in a large American flag.

Article 166, Paragraph 3 of the Public Official Election Act states that on election day, one may not wear signs that could influence the election, such as armbands or badges.

The court stated, “In recent years, the American flag has repeatedly been used at rallies held by groups in South Korea that share particular ideological and political tendencies, as a symbol supporting their ideology or values.”

It continued, “The reality is that the public understands rallies where the American flag appears as gatherings of groups sharing ideologies or values such as the South Korea-U.S. alliance and anti-communism, and understands the American flag as a symbol of the ideology those rallies seek to express.”

The court also said, “Before and after the offense in this case, the defendant actively used the American flag while fully recognizing that in South Korea it was being used as a symbol expressing political slogans such as anti-communism, election fraud claims, and the South Korea-U.S. alliance.” It therefore judged that A had observed early voting while draped in the American flag in order to express the political ideology or slogans he supported.

In explaining the sentence, the court said A was highly blameworthy because he continued wearing the American flag even after an election commission official told him that the act violated the law. However, it also took into account factors such as the fact that A had no prior record of criminal punishment.