Legal experts raise concerns over potential violations of the Public Official Election Act

On the first day of early voting for Korea’s 21st presidential election, a voting station in Sinchon-dong, Seoul has become the center of controversy after footage emerged showing ballot papers being taken outside the polling site—sparking growing concerns over election management and fairness.
On May 29, livestream footage from a YouTube channel captured voters outside the early voting site at the former Sinchon-dong Community Service Center in Seodaemun District holding ballot papers and return envelopes while waiting in line. The video, which aired around 11 a.m. for approximately one hour, also showed some voters moving freely in and out of the polling station with ballot papers in hand, even before casting their votes.
Reports indicated that several voters, registered for out-of-district voting, received their ballot papers ahead of casting their votes due to long waiting lines. Some reportedly left the premises to eat and later returned to the polling site without undergoing any additional ID verification.
It was later revealed that polling officials at the site had distributed ballot papers in advance to voters who had completed ID verification, advising them to wait outside due to the crowd of out-of-district voters. During this time, some voters were seen photographing or visibly exposing their ballot papers, raising additional security concerns.
Under South Korea’s Public Official Election Act, voters are required to immediately proceed to the voting booth to mark their ballots and submit them to the ballot box after receiving their voting materials. The act of taking a ballot paper outside the polling station before casting a vote clearly constitutes a potential legal violation.

As the controversy grew, the National Election Commission (NEC) issued a statement saying, “There is no issue with voters queuing outside the polling station to wait for their turn to vote.” However, the situation has drawn criticism due to a combination of apparent legal breaches: the external removal of ballot papers after ID verification but before voting, lack of re-verification, and potential exposure or photographing of ballots. Some have even called for all votes cast at the site to be invalidated.
Legal professionals and academics have also expressed concern. Attorney Kim An-cheol of the law firm Daan stated, “If someone leaves the polling station after receiving their ballot, it raises risks related to vote confidentiality and the possibility of vote-buying. Even if an election official is present, control becomes impossible once voters exit the premises, pointing to the need for legal revision.”
Professor Eum Seon-pil from the Department of Law at Hongik University added, “The process of immediate voting after identity verification is designed to ensure the verified individual casts their vote. Once someone leaves with a ballot and returns, there's no way to guarantee that same person is voting. This opens the door to proxy voting and reflects a failure in oversight.”
This incident is being viewed not as a mere administrative mishap but as a serious breach of fundamental election principles such as secrecy and fairness. It has drawn further scrutiny as it occurred while international election monitors are observing the integrity of South Korea’s electoral process—raising concerns about potential damage to the country's global reputation.
Calls are growing for a thorough and accountable investigation by the NEC, along with urgent legal reforms and the establishment of clearer regulations to safeguard the transparency and fairness of elections.
Photo=YouTube ‘Patriotic Youth Park Jun-young’, Yonhap News
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