On March 9, about a month before the April 7 by-elections, a civic organization, Joint Action Against the Power-based Sexual Violence by the Seoul Mayor, consulted the Seoul City Election Commission on violations of the Public Official Election Act in order to hang placards with the words, “Why Are We Having the By-Election?” throughout Seoul. The next day, the Commission answered that hanging the placards would be a violation of the election act. Two days later, the Joint Action asked the commission if they could use the words, “I Vote for Gender Equality” and “I Vote for Feminism,” but the commission again said that such sentences posed the risk of violating the law.

According to the Joint Action on March 24, the Election Commission refused to permit the use of these sentences on grounds of Article 90 of the Public Official Election Act. This article prohibits installing, displaying, posting and distributing any wreath, balloon, signboard, placard, and other advertising materials or facilities in an effort to influence an election from 180 days before the election day.

Kim Dan-bi, an activist of the National Solidarity Against Sexual Exploitation of Women who is also taking part in the Joint Action said, “We received an answer from the Election Commission explaining that we could not use the words ‘gender equality’ and ‘feminism,’ because the words could recall a particular political party or candidate.” In other words, the Commission regarded the words on the placards by the Joint Action as “an effort to influence the election” by working against a certain political party.

Such an interpretation by the Commission has drawn criticism for excessively restricting the freedom of expression. Hwang Yeon-ju, secretary-general of the Korea Women’s Political Solidarity, a research institute on gender politics, said, “During election season, when people should be able to express their political opinions more broadly and actively than at other times, the Commission is forcing people into political silence and holding voters back so they will remain passive.”

According to the Collection of Cases Involving Legislation Related to Politics, released by the Election Commission, there are more than a few instances where they allowed actions far more political than the placards that the Joint Action tried to hang. For instance, the Commission even allowed an organization engaging in election campaigns to predetermine the loser and announce the decision to its members in common ways, such as the organization’s newsletter, newspaper, internal document and bulletin board.

Due to the stiff decision by the Election Commission, it seems only the ruling and opposition politicians are enjoying their freedom of expression and using the so-called “election to pass judgment on sexual violence” as a weapon in a political battle to attack their opponents. Ahn So-jeong, secretary-general of the Korean Women’s Political Network said, “The current election law blocks the mouth of all citizens except the candidates and politicians in the name of the election act.” She further argued, “Under an undemocratic system, the public’s criticism of a cartel of patriarchal power cannot be voiced, and only the political parties and politicians use ‘an election to pass judgment on sexual violence’ as a means to attack their opponents.”

People argue that voters should be able to freely mention politically neutral concepts, such as gender equality and feminism, even during election season. Han Sang-hie, a professor at Konkuk University Law School said, “If they ban words recalling a particular party, then they should also deny permission for words like ‘reform’ and ‘getting rid of real estate speculation,’” and added, “Since the current election act excessively restricts the people’s right to participate in politics, the Election Commission needs to apply a limited interpretation of the areas prohibited by law.” The Seoul City Election Commission said that it would soon announce an official position.