A “50-Times Bigger Fine” is Not a Simple Intimidation

-How to Collect?

As the election law has been revised, government can impose the fine not only on the bribe giver, but also the voters who accept the bribe. The method of collecting the relevant fine is same as in the past.

Once the imposition of a fine is imposed on a certain person, the National Election Commission (NEC) will send the “notice of fine” to the targeted person. The person should pay his fine in 20 days and is able to raise a complaint against the disposal. The relevant branch office of the NEC, when it receives the documents of complaint, should request the competent court to judge.

If the person does not pay his bill or files a complaint to NEC in 20 days, the NEC sends the demand note once again in seven days to give a 10 day-long legal delay. When the person ignores this document again, the business is taken over to the National Taxation Services (NTS) and its local branch offices.

-Difficult Collection of Fines

“So far, the fine for violating the election law has been collected by the NTS,” remarked Cho Jang-yeon, the chief of the Information Service Department of the NEC, adding, “We are not considering any alternatives such as sending NEC officers to the problematic person in order to collect fines.”

“The NEC does not possess the independent right of collecting the fine,” stated a source from the NTS, adding, “It will be disposed as like other normal delinquencies in payment of taxes, and if they keep refusing in payment, we will exercise our right of seizure and attachment.”

But, although it is expected that the amount of the fine in the upcoming general election, as the voters have been included in the target of fine, will be increased, the collection of fines, due to the understaffed state of NEC, will not be carried out as easily as one may expect.

-Resisting voters

A certain Lee, 46, and Jung, 44, who were uncovered by the NEC under suspicion of being treated with a chocolate box, worth 5,000 won each, and a dinner, worth 9,250 won, illegally by a politician, are eager not only to raise a complaint, but to consider litigation against the NEC.

Lee said, “the NEC made it up to raise their result of regulation. We don’t have any proper reasons to comply with their demand. We will institute a suit against the NEC.”

Under the revised election law, it is a righteous act to impose fines on the voters. But it still needs a thorough interpretation of the situation and application of the law by the NEC and NTS,” remarked Lawyer Ha Chang-woo, who belongs to the Seoul Lawyer’s Conference.

Yang-Hwan Jung ray@donga.com