Court Finds Oh Se-hoon Guilty of Political Fund Law Violations

Seoul Mayor Oh Se-hoon has been found guilty by a first-instance court for receiving results from undisclosed opinion polls conducted by political broker Myung Tae-kyun and for requesting that a supporter cover the costs. The court determined that evidence, including Myung's testimony, call records, and the timeline of the polls, confirmed that Oh's camp commissioned the surveys and requested payment.

The Seoul Central District Court's Criminal Division 22, led by Judge Jo Hyung-woo, sentenced Oh to a fine of 10 million won and ordered him to forfeit 21 million won. The special prosecutor's team, led by Kim Geon-hee, had sought a prison sentence of 18 months and a forfeiture of 33 million won.

The court found that after commissioning the polls from Myung, Oh assigned former Deputy Mayor Kang Cheol-won to oversee the surveys and requested that businessman Kim Han-jeong cover the costs. The 21 million won paid to the Future Korea Research Institute was deemed political funding for Oh's campaign, with the court recognizing that Oh and Kang conspired to receive the donation.

Specifically, five out of ten undisclosed and disclosed opinion polls conducted between January 22 and February 18, 2021, and three corresponding payments were found guilty. The court noted that Oh met directly with Myung to discuss election strategies and the polls, and that Kang raised concerns about the sample size, leading to adjustments. The timing of Kim's payment immediately after the surveys indicated that it was not a personal favor but rather a response to a request from Oh's camp.

However, the court acquitted Oh of five other polls included in the indictment, stating it could not definitively conclude they were commissioned by his camp. The court explained that some undisclosed polls might have been conducted at the request of former People Power Party emergency committee chair Kim Jong-in or based on Myung's own judgment, and some payments could not be specifically tied to the alleged survey costs.

In explaining the sentencing, the court stated, "Crimes involving the illegal receipt of political funds are serious as they undermine the integrity of politics." It pointed out that Oh, having served as mayor, should have been aware of the political fund law's intent but still led the crime and displayed a tendency to evade responsibility during the trial.

Nonetheless, considering that the offenses occurred over about a month during an internal party primary and that Oh did not maintain a relationship with Myung afterward, the court opted for a fine rather than imprisonment, noting that it could not recognize active manipulation of public opinion and that Oh had no prior criminal record.

If this ruling is upheld by the Supreme Court, Oh will lose his position as mayor under the Public Election Act. Political analysts suggest that if the trial proceeds under the expedited trial principle for election offenses, known as '6-3-3,' a Supreme Court decision could come as early as January next year, followed by a by-election for the Seoul mayoral position in April of the same year.