공직선거법 제232조 제1항 제2호의 ‘대가’의 의미 해석

Public Official Election Act §232-1-2 prohibits candidates from several actions including giving money to an ex-candidate in consideration of his/her resignation from candidacy. The prohibited action is expected to be exercised after the resignation, so the meaning of ‘as consideration’ is the clue to punishability in case when a pre-resignation bargain had not existed. The legal meanings of it so far turned out mostly to be a prise or a wage which means a benefit in return in a contract. And it could mean a benefit occurring from providing one’s property or service. There was no case of describing ‘consideration’ as meaning mere ‘relation’. ‘As consideration’ clause in criminal law should be interpreted strictly and can not be expanded to including ‘reward’ or ‘favor’. The latter means that a payment was performed after a legitimate resignation and it had no influence thereon. Interpreting ‘consideration’ as ‘relation’ is a breach of constitutional principle of ‘nulla poena sine lege’. §232-1-2 can not be construed as a ‘crime inviting danger’ merely because it might invite danger of omitting punishment, not of infringing fair election.