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Flawed bill risks giving excessive power to election watchdog

Published: 26 Feb. 2026, 00:00

The headquarters of the National Election Commission in Gwacheon, Gyeonggi, on Feb. 28, 2025. [NEWS1]

A revision to the National Referendum Act, passed by the National Assembly’s Public Administration and Security Committee and Legislation and Judiciary Committee on Monday under the leadership of the Democratic Party, has sparked controversy over excessive legislation. Critics argue that provisions such as the new offense of “obstructing the freedom of referendum” could grant the National Election Commission sweeping authority.

Opposition lawmakers have warned that the bill risks turning the commission into an all-powerful body. The dispute reflects concerns that the ruling party pushed the legislation forward without sufficient deliberation, raising questions about its completeness and balance.

The most controversial clause allows punishment for repeatedly spreading false information related to a referendum with the intent of undermining trust in the election authority. The measure appears aimed at preventing the spread of conspiracy theories about election fraud and other misinformation that has circulated in recent years.

However, experts say the bill leaves significant problems unresolved. Legal reviewers reportedly noted that there is no precedent for criminally punishing the dissemination of false information about an administrative agency, but their concerns were not reflected. The legislation passed committee review even after the main opposition party boycotted the vote.

The bill also allows authorities to collect personal information related to certain election-related communication offenses without a warrant. Critics argue that this provision raises constitutional concerns because it may violate protections against warrantless searches. By adopting similar language from the Public Official Election Act, which has already drawn criticism, the revision would further expand the commission’s investigative authority.

Under the proposed law, individuals could face up to 10 years in prison or fines ranging from 5 million to 30 million won ($3,700 to $22,000). The maximum prison term exceeds the seven-year limit for spreading false information about a candidate with the intent to influence an election outcome.

There is broad agreement that the spread of fabricated claims that undermine confidence in elections and referendums must be addressed. Still, critics argue that existing election laws already provide sufficient tools to punish deliberate misinformation without granting additional powers to the election authority.

Trust in the National Election Commission cannot be built through expanded enforcement authority alone. Restoring credibility requires addressing past controversies, including administrative failures and internal irregularities that have damaged public confidence.

The original purpose of revising the National Referendum Act was to correct a constitutional inconsistency by establishing voting procedures for overseas Koreans ahead of a potential constitutional amendment. Critics argue that adding controversial enforcement provisions risks undermining that objective. Given the stakes, provisions that could create unnecessary distrust should be removed before the bill is brought to a plenary session vote.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.