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Entry 2020.10.07 11:53 | Revision 2020.10.07 11:54
Under the Public Officials Elections Act, a claim for invalidation of an election must be filed within 180 days from the date the claim is filed. The deadline to process the lawsuit filed by former Congressman Min is until November 2, which is about one month.
The ultimate test lawyers say is the ‘server’ at the NEC Gwanak office. The server contains all the electoral records from the last general election. Min’s side filed an electoral invalidation lawsuit in the Supreme Court on May 7, pointing to this server as key evidence of digital electoral manipulation. The server also requested the preservation of evidence to the Incheon District Law. However, Incheon District Law rejected the attorneys’ request to preserve the evidence. The appeal was also dismissed.
The reason the lawyers insist on destroying the evidence is that the NEC dismantled the server around 5:30 a.m. during the Chuseok holidays and transferred it to the Gwacheon government office. In the process, 100 citizens and YouTubers gathered who raised suspicions of the fraudulent elections of 4 · 15 general elections. The Gwanak Police Department arrested four of them for delaying the server transfer on charges of obstruction.
The attorneys said: “Digital evidence is effective as evidence only when authenticity, integrity and reliability are guaranteed. The server was shut down and damaged under the name ‘Computer Center Server Transfer Project.’ It was reminiscent of a commando operation and it destroyed the evidence. “
“Although the Election Commissioner was the Supreme Court judge, he did not take preservation measures to maintain the integrity of the digital evidence.” He said.
Furthermore, he said, “it seems difficult to expect the NEC server damage and destruction of evidence to become a reliable and professional sentiment only by national agencies,” he said. “International investigations by international experts must be carried out.”
Lawyer Seok Dong-hyeon, representing the lawyers, said: “We hope to count Yeonsu-gu district, Incheon in the future in late October or early November,” but said, “If there is no digital counting not verified, we will not accept it. “