Election office billed 200 million won over prolonged election protests at Olympic Park

The Korea Sports Promotion Foundation (KSPO) has sent an interim bill of 201.5 million won ($141,500) to the Songpa District Election Commission for the continued use of the Handball Stadium at Olympic Park in Songpa District, southern Seoul, amid ongoing election protests.

The stadium has remained occupied since June 3 local elections because of protests against ballot shortages.

The estimated rental fee totaled 201.5 million won for the 39-day period from June 4 — the day after the election — through July 12, according to documents submitted by the National Election Commission to Rep. Kim Yong-man of the Democratic Party. Kim is also a member of a parliamentary special committee investigating alleged violations of political rights during the June 3 local elections.

The invoice was sent by KSPO&CO, a subsidiary of the KSPO, to the Songpa District Election Commission.

Based on the calculation, the rental fee amounts to about 5.16 million won per day.

The total rental cost is expected to reach about 400 million won over the 76-day period from June 4 to Aug. 18., since the venue must remain preserved until a full recount of 2.47 million ballots scheduled for Aug. 18.

The Songpa District Election Commission had originally rented the venue from KSPO&CO from 7 a.m. on June 1 to 7 a.m. on June 4, paying about 15 million won for the three-day lease.

The venue, however, could not be returned after the protesters had gathered there after ballot shortages on Election Day, as the place had served as the district’s ballot-counting center.

As rental charges accumulated, the election commission sought legal advice twice last month from the Korean Government Legal Service, which represents the government in litigation.

The commission asked whether it was solely responsible for failing to return the venue; whether the additional rental charges and utility costs exceeding 200 million won were justified; and whether it could be held liable for damages resulting from the protests, including business losses, unauthorized use of parking facilities, banners installed by protesters and damage to the property. 

“It would be difficult to conclude the election commission was entirely at fault,” replied the legal service, citing the Civil Act and precedents set by the Supreme Court.

It cited Article 390 of the Civil Act, which provides that a party is not liable if it proves performance became impossible without intent or negligence, as well as a Supreme Court ruling that a tenant has no obligation to return unjust enrichment if it gained no actual benefit after a contractual relationship ended.

“If liability as joint tort-feasors were recognized between the Songpa District Election Commission and the group of unspecified protesters, the commission could exercise its right to demand reimbursement from those responsible,” wrote the Korean Government Legal Service in a legal opinion dated July 16.

The opinion, however, did not address whether the protesters could realistically be identified and made to compensate the commission.

“The mounting costs resulting from the prolonged closure of Olympic Park had become another unresolved issue stemming from the election controversy,” Rep. Kim said. “Now that the parliamentary investigation has been extended, discussions should also be held on how to address those costs.”

BY SON SUNG-BAE [shin.woojin@joongang.co.kr]