Amendment to Public Official Election Act: Changes to Banner Posting Restrictions and Impact on Freedom of Expression

[앵커]

In order to expand freedom of expression during elections, the amendment to the Public Official Election Act, which eases the ban on posting printed materials such as banners, did not cross the threshold of the National Assembly until yesterday (31st), the legislative deadline.

Following the constitutional inconsistency decision of the Constitutional Court last year, the related provisions have lost their effect from today, and on-site confusion seems inevitable.

Reporter Na Hye-in reports.

[기자]

Local governments are struggling with the passage of an amendment to the Outdoor Advertisement Act last year, which allows virtually unlimited banners related to party policies or political issues.

Due to a series of complaints complaining of inconvenience, 17 provincial and provincial governors across the country have called for regulation again, regardless of the ruling and opposition parties.

[유정복 / 인천광역시장 (지난달 27일) : 국회는 이렇게 시민들에게 불쾌감을 유발하고 헌법 정신에 어긋나는 법을 만들어서는 안 되고….]

However, from today, the regulations on party banners will be more relaxed.

This is because the provision of the Public Official Election Act, which prohibits the installation of banners for the purpose of influencing the election, from 180 days before the election becomes ineffective.

Last year, the Constitutional Court ruled that the constitution was unconstitutional for violating freedom of political expression for too long, and ordered a revision of the law by July, but it did not work.

In accordance with the purpose of the Constitutional Court’s decision, an amendment to shorten the banner installation ban period from 180 days before the election to 120 days passed the National Assembly’s Special Committee on Political Reform, but was stalled by the Legislation and Judiciary Committee.

It is because of the ban on assembly that has lost its effect due to a simple unconstitutional decision in the same law.

According to the Constitutional Court’s judgment that banning all assemblies or gatherings uniformly during the election is unconstitutional, the Special Committee on Reform presented a new standard of 30 participants, but the Judiciary Committee continued to point out that it was ambiguous.

[장동혁 / 국민의힘 법사위원(지난달 27일) : 왜 30명으로 끊어져야 하는지, 다른 5개 열거된 모임은 왜 인원수와 관계없이 2명만 모이더라도 금지돼야 하는지….]

[박범계 / 더불어민주당 법사위원 (지난달 27일) : 정개특위가 의결한 그 전제에서 우리가 통과는 시켜야 하는데 인원수로 제한하는 것은 현실적으로 맞지 않잖아요.]

As a result, discussions about banners, which urgently require alternative legislation, have been pushed to the back.

[윤재옥 / 국민의힘 원내대표 : 국민 우려를 하게 했다는 점에서는 여야가 모두 반성해야 한다고 생각합니다. 8월 중으로는 본회의 의결이 될 수 있도록….]

[송기헌 / 더불어민주당 원내수석부대표 : 시각적으로도 불편한 점이 많으실 것 같아요. 그래서 가능하면 빨리 처리해야 할 것 같고 현장에서 혼란이 발생하게 된 것이 굉장히 좀 유감스럽습니다.]

The ruling and opposition parties have belatedly agreed to go to the speed battle, but there are concerns about the banner crowd from the by-election for the head of Gangseo-gu, Seoul, scheduled for October.

Until the legislative vacuum is resolved, it is possible to post not only banners but also printed materials such as election-related advertisements and posters.

This is YTN Na Hye-in.

Cinematographer; Lee Seong-mo, Han Sang-won, Yoon So-jeong

Video editing; Jeong Chi-yoon

Graphics; Jinho Kim

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2023-07-31 15:04:00
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