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REFERENDUM ACT

Wholly Amended by Act No. 4086, Mar. 25, 1989

Amended by Act No. 4739, Mar. 16, 1994

Act No. 4796, Dec. 22, 1994

Act No. 5454, Dec. 13, 1997

Act No. 6626, Jan. 26, 2002

Act No. 7427, Mar. 31, 2005

Act No. 8449, May 17, 2007

Act No. 9467, Feb. 12, 2009

Act No. 14184, May 29, 2016

CHAPTER Ⅰ GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary for national referendums on important policies, such as diplomacy, national defense, unification or other national security, and crisis under Article 72 of the Constitution of the Republic of Korea, and on amendments to the Constitution under Article 130 of the Constitution of the Republic of Korea.
 Article 2 (Definition of Voters)
For the purpose of this Act, the term "voter" means any person who has the right to vote and is registered in a pollbook.
 Article 3 (Cooperation of National Referendum Affairs)
When government agencies and other public institutions are requested by any national referendum management agency for cooperation necessary to hold national referendums, they shall comply with it preferentially.
 Article 4 (Guarantee on Exercise of Rights to Vote)
The time required by a public official, a student or a person employed by another person for inspecting pollbooks or voting shall not be considered as a suspension of service or business.
 Article 5 (Basis of Population)
The basis of the population as prescribed by this Act shall conform to recent demographic statistics in the census by resident registration cards pursuant to the provisions of the Resident Registration Act and the number of Korean nationals residing abroad registered in the domestic residence report register under the Act on the Immigration and Legal Status of Overseas Koreans. <Amended by Act No. 9467, Feb. 12, 2009>
 Article 6 (Management of National Referendums)
Except as otherwise provided for in this Act, the Central Election Management Commission may exercise general control over and manage national referendum affairs, and may cancel or modify illegal or unreasonable dispositions of any subordinate election management commission.
CHAPTER Ⅱ RIGHTS TO VOTE
 Article 7 (Voting Rights)
Any citizen who is nineteen years old or over shall have the rights to vote. <Amended by Act No. 8449, May 17, 2007>
 Article 8 (Basis for Calculation of Age)
The age of eligible voters shall be calculated as of a national referendum day.
 Article 9 (Voteless Persons)
Any person who has no voting right under Article 18 of the Public Official Election Act as of the voting day, shall have no right to vote.
[This Article Wholly Amended by Act No. 8449, May 17, 2007]
CHAPTER Ⅲ NATIONAL REFERENDUM DISTRICTS
 Article 10 (National Referendum Unit)
A national referendum shall be held on a nationwide unit.
 Article 11 (Voting Districts)
Voting districts shall be those as prescribed by the Act on the Election of Public Officials and the Prevention of Election Malpractices as of the day on which the date of the national referendum is announced publicly. <Amended by Act No. 4739, Mar. 16, 1994>
 Article 12 (Ballot-Counting Districts)
The Si/Gun/ shall be the ballot-counting districts: Provided, That if there are two or more Si/Gun/ election management commissions in the Si/Gun/ as of the day on which the date of the national referendum is announced publicly, the jurisdictional area of each election management commission concerned shall be the ballot-counting district, respectively.
 Article 13 (Change in Administrative District)
Even though any administrative district, voting district or jurisdictional area of the Si/Gun/ election management commission as provided in Article 12 is changed in the period from the day on which the date of the national referendum is announced publicly to the voting day, the national referendum district shall not be changed.
CHAPTER Ⅳ POLLBOOKS
 Article 14 (Preparation of Pollbooks)
(1) Each time a national referendum is held, the head of a Gu (including the head of an autonomous Gu, and in cases of a Si which is of the urban and rural complex form, it is limited to the Dong area), the head of a Si (referring to a Si where no Gu is established, and in cases of a Si which is of the urban and rural complex form, it is limited to the Dong area), the head of an Eup/ (hereinafter referred to as "head of the Si/Gu/Eup/Myon"), shall investigate for each voting district the eligible voters registered as residents in his jurisdictional area and those, as Korean nationals residing abroad under Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans, whose domestic residence reports have been made under Article 6 of the same Act as of the day on which the date of the national referendum is announced publicly, and prepare a pollbook within five days after the date of the national referendum is announced publicly. <Amended by Act No. 4796, Dec. 22, 1994; Act No. 9467, Feb. 12, 2009>
<Amended this paragraph which was declared unconstitutional by the Constitutional Court on June 28, 2007 pursuant to the National Referendum Act (Act No. 9467, Feb. 12, 2009)>
(2) If a domestic resident registered in the pollbook, who falls under any of the following subparagraphs, is unable to vote himself at the voting place as of the national referendum day, he may make an absentee report to the head of the Si/Gu/Eup/ within five days from the day on which the date of the national referendum is announced publicly, as prescribed by Presidential Decree. In such cases, the mail is free of charge:
1. A person who is on a long journey outside the ballot-counting district where he is registered in the pollbook;
2. A military man who lives for a long time in barracks or warships under Acts and subordinate statutes; and
3. A person who lives for a long time in a hospital, sanatorium, asylum, prison, vessel, etc.
(3) Upon receiving a report under paragraph (2), the head of the Si/Gu/Eup/ shall indicate it in the pollbook, and at the same time prepare a separate list of reported absentees by voting district.
(4) The pollbook and the list of reported absentees shall include names, addresses, sex and dates of birth of eligible voters and other necessary matters.
(5) No person may be registered in two or more pollbooks.
(6) Necessary matters, such as preparation, etc. of the pollbook and the list of reported absentees, shall be prescribed by Presidential Decree.
(7) When the head of the Si/Gu/Eup/ has prepared the pollbook and the list of reported absentees, he shall immediately send a copy thereof to the competent Si/Gun/ election management commission.
(8) If the number of eligible voters in a voting district exceeds two thousand, the pollbook may be divided into two parts.
 Article 15 (Control over Preparation of Pollbooks)
(1) The competent Si/Gun/ election management commission shall control the preparation of the pollbook.
(2) When the head of the Si/Gu/Eup/ and public officials engaged in preparation of the pollbook are appointed, the head of the competent Si/Gu/Eup/ shall notify the competent Si/Gun/ election management commission without delay. The same shall also apply when another person acts for the head of the Si/Gu/Eup/ due to any accident.
(3) If a person who is entitled to appoint and dismiss the head of the Si/Gu/Eup/ and public officials engaged in the preparation of the pollbook, desires to dismiss them during the preparatory period of the pollbook, he shall consult with the competent Si/Gun/ election management commission or the Special Metropolitan City, Metropolitan City, Do election management commission (hereinafter referred to as the "City/Do election management commission"). <Amended by Act No. 5454, Dec. 13, 1997>
(4) If the head of the Si/Gu/Eup/ and a public official engaged in the preparation of the pollbook refuse to comply with a direction, order or request for correction of the competent Si/Gun/ election management commission on the preparation of the pollbook without any justifiable reason, or neglect to carry out their duties, or commit any illegal or unreasonable act, the competent Si/Gun/ election management commission or the City/Do election management commission may demand the replacement of them by the person who is entitled to appoint and dismiss them.
(5) Upon receiving a request for replacement under paragraph (4), the person who is entitled to appoint and dismiss shall comply with it unless he presents any justifiable reason.
 Article 16 (Inspection of Pollbooks)
(1) The head of the Si/Gu/Eup/ shall allow eligible voters to inspect a pollbook at a designated place for three days from the day following the day the preparation of the pollbooks is completed, and keep a copy of the pollbook by Tong in the Si/Gu, and by Ri in the Eup/ at a place as designated by the head of the Dong/Ri for the period of inspection for the convenience of eligible voters, and submit it to public inspection.
(2) Any eligible voter may freely inspect the pollbook.
(3) The place and the time of inspection as referred to in paragraph (1) shall be announced publicly three days before the inspection begins.
 Article 17 (Formal Objection)
(1) If any eligible voter deems that the pollbook includes an omission, a clerical error or ineligible voter, he may make an objection orally or in writing against the head of the Si/Gu/Eup/ concerned within the period of inspection, and demand him to correct it.
(2) The head of the Si/Gu/Eup/ shall, upon receiving a request as referred to in paragraph (1), examine and decide upon it within two days, but if he decides it to be justifiable, he shall immediately correct the pollbook, and notify it in writing to the applicant, person concerned and the competent Si/Gun/ election management commission, and if he decides it to be unjustifiable, he shall notify his reasons in writing to the applicant, person concerned and the competent Si/Gun/ election management commission.
 Article 18 (Petition of Dissatisfaction against Decision on Objection)
(1) Any applicant or person concerned who is dissatisfied with a decision under Article 17, may request in writing a review to the competent Si/Gun/ election management commission not later than the day following the day he receives the notification.
(2) The competent Si/Gun/ election management commission shall, upon receiving a request for a review under paragraph (1), examine and decide upon it within two days, but if it decides the request to be justifiable, it shall immediately notify the fact to the head of the Si/Gu/Eup/ to correct the pollbook, and notify it in writing to the applicant and person concerned, and if it decides the request to be unjustifiable, it shall notify its reasons in writing to the applicant, person concerned and the head of the Si/Gu/Eup/ concerned.
 Article 19 (Determination and Effect of Pollbook)
The pollbook shall be determined five days before the voting is held, and the list of reported absentees shall be decided on the day following the day the period of application request is terminated, and they shall be effective only for the particular national referendum.
 Article 20 (Repreparation of Pollbook)
(1) Owing to natural disasters or other causes, the head of the Si/Gu/Eup/Myeon, if necessary, shall newly prepare the pollbook: Provided, That if there exists a copy of the pollbook sent under Article 14 (7), the copy of the pollbook shall be used without preparing a new pollbook.
(2) Preparation, inspection, determination and term of validity of the pollbook as referred to in paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.
 Article 21 (Delivery of Copy of Pollbook)
(1) If a political party which constitutes a negotiation body in the National Assembly (hereinafter referred to as "political party") as of the date of the national referendum is announced publicly makes an application, the head of the Si/Gu/Eup/ shall deliver without delay to the applicant a copy of the determined pollbook or reported absentees list after such pollbook or list is determined.
(2) Any application for a delivery of a copy of the pollbook and a reported absentees list under paragraph (1) shall be made to the head of the Si/Gu/Eup/ concerned not later than the day preceding the day such pollbook or list is determined.
(3) Matters necessary for an application for delivery of a copy of the pollbook or reported absentees list, payment of expenses, etc. shall be prescribed by Presidential Decree.
CHAPTER Ⅴ NOTICE ON PROPOSAL OF NATIONAL REFERENDUM, ETC.
 Article 22 (Notice on Proposal of National Referendum)
(1) In order to make the announced proposal of a national referendum generally known to eligible voters, the Central Election Management Commission shall put up a notice.
(2) The notice on the proposal of the national referendum shall be made at the rate of one sheet per one hundred persons: Provided, That in a Si/Gu, it is permissible to put up one sheet to five hundred persons adjusted by taking into consideration the population density, posting places, etc. as determined by the Central Election Management Commission.
(3) The text of the notice on the proposal of the a national referendum shall include only the proposal of the national referendum.
(4) The standard and form of the text of the notice on the proposal of a national referendum and other necessary matters shall be determined by the Central Election Management Commission.
 Article 23 (Publication of National Referendum Bulletins)
(1) The Si/Gun/ election management commission shall publish one or more times national referendum bulletins, containing the reason, main points, contents of the proposal of a national referendum, and the procedures and other matters necessary for the national referendum.
(2) The standard and preparation of the national referendum bulletins and other necessary matters shall be determined by the Central Election Management Commission.
 Article 24 (Distribution of National Referendum Bulletins)
(1) The Si/Gun/ election management commission shall send by mail national referendum bulletins to voters registered on the list of reported absentees within five days after the list of reported absentees is determined definitely, and to each household in the ballot counting district not later than four days before the voting is held. In such cases, the mail is free of charge.
(2) The national referendum bulletins may be sent to voters registered on the list of reported absentees enclosing the ballot papers for vote by mail.
CHAPTER Ⅵ CAMPAIGN ON NATIONAL REFERENDUMS
 Article 25 (Definition)
(1) The term "campaign on national referendums" as used in this Act means acts to make persons approve or oppose matters on the subject of a national referendum.
(2) Any simple statement of opinions and mere expression of intention on matters on the subject of a national referendum shall not be considered as a campaign on the national referendum.
 Article 26 (Period for Campaign on National Referendums)
The campaign on the national referendum (hereinafter referred to as "campaign") may be carried on from the day on which the date of the national referendum is announced publicly until the day preceding the voting day.
 Article 27 (Limit of Campaign)
No campaign shall be carried on in any manner other than that as prescribed by this Act.
 Article 28 (Persons Disqualified for Campaign)
(1) No person who is disqualified as a member of a political party under the Political Parties Act, shall carry on any campaign.
(2) Any commanding officer in rank higher than a platoon leader of the Republic of Korea Reserve Forces and any head of a Ri/Dong/Tong/Ban shall not carry on any campaign unless he is discharged from his office before the day on which the date of the national referendum is announced publicly, and they shall not be speech-makers, voting or ballot-counting witnesses. <Amended by Act No. 14184, May 29, 2016>
 Article 29 (Guarantee of Status of Campaign-Related Persons, etc. Related to Campaign)
The provisions of Article 13 of the Election Commission Act shall apply mutatis mutandis to the guarantee of the status of speechmakers, voting and ballot-counting witnesses.
 Article 30 (Speech on Broadcasting Facilities)
(1) Any speech-maker nominated by a political party may make a speech through the television and radio broadcasting facilities (hereinafter referred to as "broadcasting facilities") for a campaign during the election campaign period.
(2) For any speech referred to in paragraph (1), the television or radio broadcasting facilities shall not be used more than three times (including rebroadcasts; hereinafter the same shall apply) by pro and con respectively, and a speech therefor shall not exceed 20 minutes at every time. In such cases, in calculating the number of times, it shall be considered as one time to select a broadcasting facility and use its broadcasting networks simultaneously.
(3) The Central Election Management Commission shall designate in advance broadcasting facilities to be used by speech-makers within two days after the date of the national referendum is announced publicly, and notify them to the political parties.
(4) Any political party shall submit to the Central Election Management Commission a written application stating the name and date of use and time of the broadcasting facilities to be used, separately by pro and con, and the names of speech-makers, required time, method of use, etc. within three days after the date the national referendum is announced publicly.
(5) If hours for use of broadcasting facilities as applied for by political parties under paragraph (4) overlap one another, the Central Election Management Commission shall determine the date, time and order impartially for all political parties.
(6) When the Central Election Management Commission has determined the broadcasting date, time and order under paragraph (5), it shall announce them publicly and notify them to political parties.
(7) When a person who operates broadcasting facilities, receives a request for using them from the Central Election Management Commission, he shall comply with it preferentially.
(8) The expenses required for making speeches through broadcasting facilities shall be borne by the National Treasury.
(9) Necessary matters, such as a written application, etc. for the use of broadcasting facilities, shall be determined by the Central Election Management Commission.
 Article 31 (Interview and Debate on Broadcasting Facilities)
(1) Any speech-maker designated by a political party may have an interview and debate on broadcasting facilities.
(2) For the purpose of paragraph (1), the term "interview and debate" means those in which two or more speech-makers designated by political parties participate and which are conducted.
(3) Any interview and debate as referred to in paragraph (1) shall be conducted under the supervision of a person operating broadcasting facilities, but decided through consultation with political parties which desire to have such interview and debate, and its hours shall not exceed 120 minutes each time.
(4) In cases as referred to in paragraph (3), the Korean Broadcasting System shall hold two or more interview and debate meetings on television and radio broadcasting facilities which the System operates.
(5) The interview and debate as referred to in paragraph (3) shall be impartial, and matters necessary for it shall be prescribed by Presidential Decree.
(6) Expenses for any interview and debate on broadcasting facilities shall be borne by a person who is in charge of such interview and debate and operates the broadcasting facilities.
(7) The provisions of the latter part of Article 30 (2) shall apply mutatis mutandis to interview and debate on broadcasting facilities.
(8) Any person operating broadcasting facilities shall conduct any interview and debate impartially for political parties on the supporting and opposing sides, and when the date, time, participants, method, etc. are decided, he shall report them to the Central Election Management Commission not later than two days before broadcasting or televising.
 Article 32 (Speech Meetings)
(1) Political parties may hold speech meetings during the election campaign period for the purpose of election campaigns.
(2) For the purpose of paragraph (1), the term "speech meeting" means an indoor or an outdoor meeting held by assembling many people at such place and time as fixed in advance.
(3) If a political party desires to hold a speech meeting under paragraph (1), it shall report it in writing to the Si/Gun/ election management commission not later than the day preceding the day such speech meeting is held, under the conditions as prescribed by the Presidential Decree.
(4) If two or more reports as referred to in paragraph (3) are made at the same place, the Si/Gun/ election management commission shall adjust the order among them according to the order in which they are received: Provided, That if they are received at the same time, the Si/Gun/ election management commission shall determine by lot the person who holds a speech meeting preferentially.
(5) The use of a place for a speech meeting shall not exceed five hours each time.
(6) Any speech meeting by any party shall not exceed three times in the Si/Gu, and the number of the Eup/ in the Gun, respectively.
(7) Reports on a speech meeting and other necessary matters shall be prescribed by the Presidential Decree.
(8) In order to notify a speech meeting, any political party may prepare and attach posters with the seals of approval of the Si/Gun/ election management commission.
(9) The number of sheets of posters as referred to in paragraph (8), shall be one hundred sheets for each speech meeting, and the dimension of such posters and matters to be mentioned thereon shall be determined by the Central Election Management Commission Regulations.
 Article 33 (Use of Public Facilities, etc.)
(1) Political parties may use without charge as a place of a speech meeting the facilities which fall under any of the following subparagraphs, under the conditions as prescribed by the Presidential Decree:
1. Schools, public halls, parks, playgrounds, markets, roadside squares; and
2. Other buildings or facilities as prescribed by the Presidential Decree.
(2) Any administrator of a school or other public facility shall, upon receiving a request for use under paragraph (1), permit it to be used in preference to other purposes unless there is any justifiable reason, and in case of a school, its use shall not be refused unless it is in normal class.
 Article 34 (Places where Speech is Prohibited)
No person may deliver a speech for an election campaign in the following places:
1. Buildings and facilities other than those as provided in Article 33, which are owned or managed by the State, the local government or government-invested institutions as provided in Article 2 of the Framework Act on the Management of Government-Invested Institutions.
2. Stopping places of trains, electric cars, aircraft, ships or omnibuses; and
3. Hospitals, clinics, libraries, institutes, laboratories and other medical, cultural and research facilities.
 Article 35 (Distribution of Small-sized Pamphlets)
Any person may make and distribute small-sized pamphlets indicating his views on the national referendum for the purpose of election campaigns.
 Article 36 (Restriction on Use of Loudspeaker System, Motor Vehicles, etc.)
(1) Except as required for a speech meeting and public announcement of a speech meeting, no election campaign may be carried on by using a loudspeaker system.
(2) When a speech meeting is held, no person may use a loudspeaker system within a distance of three hundred meters in the Si/Gu, and five hundred meters in the Gun, from the place of such speech meeting.
(3) If a political party desires to make a public announcement for a speech meeting by means of a loudspeaker system, it shall report to the Si/Gun/ election management commission concerned the public announcement by a loudspeaker system for one time only for each speech meeting with a fixed announced area and time. In this case, vehicles shall be limited to two vehicles for each time of a speech meeting, and the area of announcement shall be the Si/Gun/ concerned.
(4) Vehicles and loudspeaker systems to be used for the public announcement under paragraph (3) and expenses necessary for the operation of vehicles shall be borne by the political party which has reported the public announcement by a loudspeaker system.
 Article 37 (Ban on Publication of Debate, etc.)
The State or the local government may not carry any opinion supporting or opposing a national referendum in publications such as the Gazette, public bulletin, etc., published by the State or the local government.
 Article 38 (Prohibition of False Broadcasting, etc.)
No person shall prejudice the fairness of a national referendum by publicizing any false fact or making any publicity distorting a fact through broadcasts or publications for the purpose of an election campaign.
 Article 39 (Restriction on Illegal Utilization of Newspapers, Magazines, etc.)
No person may have any person who operates, edits, collects data or writes a publication, carry any supporting or opposing news, comments, etc., by offering or expressing the intention to offer or promising to offer him money, entertainment or other benefit for the purpose of supporting or opposing a national referendum.
 Article 40 (Prohibition of Campaign Taking Advantage of Special Relation)
No person may carry on an election campaign by taking advantage of a special relation such as an educational institution or religious or professional organization.
 Article 41 (Prohibition of House-to-House Visit)
(1) No person may make house-to-house visits for an election campaign.
(2) No person may make house-to-house visits for the notification of a speech meeting.
 Article 42 (Prohibition of Signature and Seal Collecting Campaign)
No person may collect signatures or seals for the purpose of an election campaign.
 Article 43 (Prohibition of Giving Food and Drink)
No person may provide food and drink for an election campaign in any place or on any property.
 Article 44 (Restriction on Various Meetings)
No person may hold, during the election campaign period, a meeting to strengthen intra-party unity (excluding political party activities), hometown folks meeting, picnic, relatives meeting, an alumni meeting, etc. for the purpose of influencing the national referendum.
 Article 45 (Restriction on Official Tour of Public Officials, etc.)
Public officials and officers and employees of government-invested institutions may not make any official tour except for their normal duties, during the election campaign period.
 Article 46 (Prohibition of Clamorous Acts in Speech Meeting Place)
No person may disturb the order of a speech meeting place by violence, threat or other means and commit any act to obstruct the proceedings in a speech meeting place.
 Article 47 (Prohibition of Night Speech)
No person may hold a speech meeting during the night (referred to from 11:00 p.m. till 5:00 a.m.).
 Article 48 (Prohibition of Slandering Specified Person)
No person may, for the purpose of exerting influence on the results of the national referendum, state or spread false facts as to the status, career and personality of a specified person, or the political party to which such person belongs, and make any personal attack by publicly alleging a fact.
CHAPTER Ⅶ NATIONAL REFERENDUM DATE AND VOTING
 Article 49 (Public Announcement of National Referendum Date)
The President shall announce publicly at the same time the date and a proposal of national referendum at the latest eighteen days before the national referendum is held.
 Article 50 (Method of Voting)
(1) The national referendum shall be conducted by making a mark on a ballot paper.
(2) The vote shall be taken directly or by mail, but only on a one-person one-vote basis.
(3) In casting a vote, no name of a voter shall be indicated.
 Article 51 (Establishment and Public Announcement of Voting Places)
(1) The voting place shall be established in each voting district, but its name and location shall be announced publicly by the voting district election management commission not later than ten days before the voting day: Provided, That if there is a natural disaster or any other equivalent cause, it may be changed.
(2) In a case as referred to in the provisions of paragraph (1), it shall promptly be announced publicly, and made thereby known to the voters.
(3) Voting places shall be established in such places as may be convenient for casting votes, including schools, Eup/ or Dong/Ri offices, and public halls: Provided, That in a case where it is established in another place due to unavoidable circumstances, it shall be subject to the decision of the competent Si/Gun/ election management commission.
(4) No voting place shall be established in barracks.
(5) Voting booths at a voting place shall be provided in such a way that no other person can peep into them, and there shall be no mark.
(6) In order to assist voting affairs, voting assistants shall be assigned to voting places.
(7) Voting assistants shall be commissioned by the voting district election management commission from among public officials of the administrative agencies concerned or government employees in educational service, but their names shall be announced publicly not later than three days before the voting day.
 Article 52 (Voting Time)
(1) Any voting place shall be opened at 6:00 a.m. and closed at 6:00 p.m. But, if there are voters waiting to vote in the voting place at the time of closing, it shall be closed after they finish voting. <Amended by Act No. 8449, May 17, 2007>
(2) Upon starting voting, members of the voting district election management commission shall inspect whether there is any matter with the ballot boxes and inside and outside of voting booths, and the voting witnesses shall participate therein.
(3) Votes by mail shall reach the competent Si/Gun/ election management commission by 6:00 p.m. of the voting day. <Amended by Act No. 8449, May 17, 2007>
 Article 53 (Ballot Papers)
(1) Each ballot paper shall be provided with both the supporting and opposing columns.
(2) Ballot papers shall be numbered serially, and their form and dimension shall be determined by the Central Election Management Commission Regulations.
 Article 54 (Preparation, etc. of Ballot Papers and Boxes)
(1) Ballot papers and boxes shall be prepared by the competent Si/Gun/ election management commission, and sent to the voting district election management commission not later than the day preceding the voting day. The dimension of ballot boxes shall be determined by the Central Election Management Commission Regulations.
(2) The number of ballot boxes as referred to in paragraph (1) shall be not more than two by each voting district. But in voting, two ballot boxes shall not be used at the same time.
(3) Ballot boxes for votes by mail shall be prepared separately.
(4) The official seal of the competent Si/Gun/ election management commission shall be affixed to ballot papers under the conditions as determined by the Central Election Management Commission Regulations.
(5) Two representatives of the political parties, who are appointed by lots from among those recommended on a one-person one-party basis by political parties, shall affix their seals to ballot papers at the Si/Gun/ election management commission.
(6) If there is no representative of the political parties as referred to in paragraph (5), or he refuses to affix his seal without any justifiable reason, he shall be considered to waive his competence, and the head of the Si/Gun/ election management commission shall affix his seal with the reason specified.
 Article 55 (Public Announcement of Ballot Paper Model)
(1) The Si/Gun/ election management commission shall announce publicly the model of ballot papers in each voting place not later than seven days before the voting day.
(2) When the Si/Gun/ election management commission has decided a printing office to print ballot papers, it shall announce publicly without delay the name and place of the printing office.
 Article 56 (Delivery of Voting Notice Slips)
(1) The head of the Si/Gu/Eup/ shall deliver voting notice slips to voters registered in the pollbook (if a voter is absent, to any person of sense in the order of the head of the household, family members and persons living together under the same roof) not later than two days before the voting day. <Amended by Act No. 7427, Mar. 31, 2005>
(2) The voting notice slips as referred to in paragraph (1) shall include the address, name, sex, date of birth and registered number in the pollbook of the voter, and the voting place.
(3) The head of the Si/Gu/Eup/ shall, upon delivering the voting notice slips, get the receipts, and after completing the delivery of voting notice slips, prepare a voting notice slip delivery record by voting district, and send it without delay to the voting district election management commission with the receipts and remaining voting notice slips not yet delivered.
(4) The voting district election management commission shall deliver the remaining voting notice slips by getting receipts for them, not later than the day preceding the voting day, in such manner as referred to in paragraph (1), and then prepare a voting notice slip delivery record. With respect to the voting notice slips not yet delivered, the reason shall be specified in the voting notice slips delivery record.
(5) Upon delivering voting notice slips, the head of the Si/Gu/Eup/ and the voting district election management commission shall have one person designated by each political party from among eligible voters resident in the area of the Si/Gu/Eup/ (hereinafter referred to as "voting notice slip delivery witness") attend except in a case where no voting notice slip delivery witness exists or is present.
(6) No voting notice slip delivery witness shall prevent, interfere with or delay the delivery of voting notice slips, or solicit support for or opposition against the proposal of the national referendum, or conduct any act to influence the national referendum in any way, and stick or carry with him any armband, breastband or other marks as to the national referendum.
(7) Voting notice slips and receipt papers shall be printed on one sheet with one hundred sheets bound in a unit, and numbered serially. Voting notice slips shall be cut off each time they are delivered to voters.
 Article 57 (Receiving of Ballot Paper)
(1) Voters shall go personally to the voting places, present their resident registration certificates and voting notice slips in the presence of voting witnesses, and after being identified themselves, affix seals or seal, with thumbs on the pollbook before the members of the voting district election management commission, and then receive one ballot paper.
(2) The head of the voting district election management commission shall keep in a sealed envelope ballot papers sent from the competent Si/Gun/ election management commission, and affix his private seal on the ballot paper each time he delivers it to a voter on the voting day. In this case, the voting district election management commission shall have the political party members who are recommended by two political parties decided by lot, affix seals on the ballot papers at the time as determined by the Central Election Management Commission Regulations not later than the time the voting begins: Provided, That if there is no member recommended by the political party concerned, or any member refuses to affix his seal without any justifiable reason, he shall be considered to waive his competence to do so, and such reason shall be specified in the voting record.
(3) Ballot papers for votes by mail shall be cut off from the serial numbers in front of the witnesses recommended by the political parties (hereinafter referred to as "witnesses of vote by mail"), in the competent Si/Gun/ election management commission, from 9:00 a.m. on a day nine days before the voting day, and sent within two days after putting them first in an envelope, and again putting them in a return envelope, and then in a sealed forwarding envelope. In this case, if a witness of vote by mail is not present at that time, he shall be considered to waive his competence.
(4) The forwarding and return of ballot papers for votes by mail shall be carried out by registered mail without charge.
(5) The chairman of the voting district election management commission shall not deliver a ballot paper to any voter who does not present his resident registration certificate.
(6) Even though a voter fails to bring with him the voting notice slip as referred to in paragraph (1), when he is identified as the person registered in the pollbook on the basis of a resident registration certificate, the chairman of the voting district election management commission shall deliver the ballot paper to him.
 Article 58 (Restriction on Voting)
(1) Any person who is not registered in the pollbook, shall not vote: Provided, That a person who brings with him a written decision under Article 17 (2) or 18 (2), is allowed to vote.
(2) Any person who has no right to vote on the voting day, shall not be allowed to vote, even though he is registered in the pollbook.
(3) Any voter who is registered on the list of reported absentees, may vote only by mail.
 Article 59 (Balloting Procedure)
(1) Voters shall receive ballot papers, tear off the numbered papers in the presence of the members of the voting district election management commission and voting witnesses, put the numbered papers into a box, and put a mark selecting support or opposition on the ballot paper in a voting booth, fold the ballot paper on the spot in such manner that other persons cannot see it, and then put it into the ballot box in the presence of the members of the voting district election management commission and the voting witnesses.
(2) Even when a voter defaces or ruins his ballot paper, he shall not be delivered a new one.
(3) The blind and other voters who are unable personally to put a mark on the ballot papers because of a physical handicap, may be accompanied by his family or two persons designated by him, and have them help him to vote.
(4) Except in a case as referred to in paragraph (3), two or more voters shall not enter the same voting booth at the same time.
(5) The head of the agency or institution in which those who fall under Article 14 (2) 2 and 3 and give votes by mail under Article 58 (3), shall establish voting booths in barracks, warships, hospitals, sanatoriums, asylums, prisons and vessels, so that they make marks on the ballot papers and put them in an envelope for vote by mail, and announce it publicly without delay. In this case, the voting booths shall conform to the provisions of Article 51 (5) .
(6) Matters necessary for the objects and standards of the voting booths for votes by mail under paragraph (5) shall be prescribed by the Presidential Decree.
 Article 60 (Balloting Method)
When any voter makes a mark selecting support or opposition on a ballot paper, he shall make it with an "O" mark.
 Article 61 (Number of Members Present)
In a voting place, there shall be present a majority of members of the voting district election management commission, and they shall attend at the latest one hour before the voting begins.
 Article 62 (Witness of Voting)
(1) The voting district election management commission shall have the voting witnesses witness the situation of the delivery of ballot papers and the voting.
(2) Each political party shall select three voting witnesses from among eligible voters, and report them to the voting district election management commission not later than three days before the voting day.
(3) The voting witnesses shall be twelve in number, but in a case where they are designated under paragraph (2), if the number of political parties exceeds twelve, the voting district election management commission shall designate by lot one witness for each political party and if it is under twelve, but the number of those selected by them exceeds twelve, the commission shall designate first one for each political party, and then the remaining ones, by lot. If the number of those selected by political parties is under twelve, those who are selected up to twelve with their acceptance from among eligible voters of learning and high moral character who are residents in the area of the Si/Gun/ having jurisdiction over the voting district, shall be the voting witnesses.
(4) Among those who are selected and reported under paragraph (2) or designated under paragraph (3), the voting witnesses who are selected by the political parties, if necessary, may be replaced at any time after reporting to the voting district election management commission, and on the voting day, a report may be made at the voting place.
(5) Any person who has no right to vote, and who falls under any of subparagraphs of Article 53 (1) of the Act on the Election of Public Officials and the Prevention of Election Malpractice shall not be a voting witness. <Amended by Act No. 4739, Mar. 16, 1994>
(6) No voting witness selected by the voting district election management commission under paragraph (3) shall refuse the witnessing, or resign from his office without any justifiable reason.
(7) The voting district election management commission shall have the voting witnesses witness the voting by six persons in turns, but shall not have all witnesses selected by a political party witness it at the same time.
(8) The voting district election management commission shall establish the seats of voting witnesses in a place to see easily the circumstances of the delivery of ballot papers and the voting.
(9) No voting witness shall interfere with voting affairs, or solicit voting, or conduct any act to influence the voting in other ways.
(10) When a voting witness finds an interference with voting, illegal ballot or a fact violating the provisions of this Act, and requests a correction thereof, if such requests is deemed justifiable, the voting district election management commission shall correct it.
(11) If any accident takes place in a voting place, the voting witness may take a photograph of the voting situation.
(12) The allowances of the voting witnesses shall be borne by the National Treasury under the conditions as determined by the Central Election Management Commission.
 Article 63 (Prohibition of Access to Voting Place)
(1) No person may enter the voting place except voters, voting witnesses, members and personnel of the voting district election management commission and its superior commission, and persons engaged in voting affairs.
(2) When members and personnel of an election management commission, persons engaged in voting affairs and voting witnesses enter the voting place, they shall wear on their breasts a badge indicating their positions, duties and names under the conditions as determined by the Central Election Management Commission Regulations, and they shall not wear any signs connected to the voting except those as designated under this provision.
(3) No badge as referred to in paragraph (2) shall be transferred or conceded to others.
 Article 64 (Maintenance of Order in Voting Place)
(1) If it is deemed that the order in the voting place is so disturbed that a fair voting may not be made, the chairman, members or personnel of the voting district election management commission may demand any assistance from a uniformed policeman in order to maintain order in the voting place.
(2) Any policeman who receives a request for assistance under paragraph (1), shall immediately comply with it.
(3) Any policeman who enters the voting place because of a request for assistance under paragraph (1), shall be subject to the direction of the chairman of the voting district election management commission, and when order is restored, or the chairman demands him to do so, he shall immediately leave the voting place.
 Article 65 (Prohibition of Carrying Arms, Dangerous Weapons, etc.)
Except as provided in Article 64 (1), no person may carry arms, dangerous weapons or explosives in the voting place.
 Article 66 (Prohibition of Clamorous Speech and Behavior around Voting Place)
(1) If a person acts clamorously in the voting place or within one hundred meters from the voting place, the chairman of the voting district election management commission may keep him from doing so, and if the person refuses to comply with the order, the chairman may make him leave the voting place, or move him out of the restricted distance.
(2) Any voter who is forced to leave the voting place under paragraph (1), shall be allowed to vote at the last turn: Provided, That the chairman of the voting district election management commission may allow him to vote earlier, if he deems that there may be no concern about any disturbance of order.
(3) No person may make a mark that might have any effect on the national referendum, by wearing an armband or sash, or using other means except the badges as prescribed in Article 63 (2).
(4) Any policeman who receives a request for any action necessary for keeping order in the voting place under paragraph (1) from the chairman, member or personnel of the voting district election management commission, shall comply with it promptly.
 Article 67 (Guarantee of Secrecy in Voting)
(1) Secrecy of voting shall be guaranteed.
(2) Voters shall not be obliged to state to any person about their votes, and the State or any other agency may not ask about it, or demand them to state about it.
(3) No voter may disclose the contents of the ballot paper on which he has made a mark, and any disclosed ballot paper becomes null and void.
 Article 68 (Closing of Ballot Boxes, etc.)
(1) The chairman of the voting district election management commission shall shut the entry of the voting place at the designated closing time, and after the voters in the voting place finish their voting, he shall close, lock and seal the ballot boxes with all members present in the presence of the voting witnesses: Provided, That if there is any member refusing to close or seal, or voting witness refusing to participate without any justifiable reason, they shall be considered to waive their competence, and the reason shall be specified on the ballot record.
(2) Keys of ballot boxes, remaining ballot papers, voting notice slips and numbered papers shall be sealed, respectively, under paragraph (1).
 Article 69 (Preparation of Ballot Record)
The voting district election management commission shall prepare a ballot record, which is signed and sealed by the chairman and all the members present: Provided, That if a member refuses to sign or seal it without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the ballot record.
 Article 70 (Sending of Ballot Boxes, etc.)
(1) The chairman of the voting district election management commission shall send the ballot boxes, keys, ballot record and remaining ballot papers to the competent Si/Gun/ election management commission, without delay after the voting is completed.
(2) When the ballot boxes are sent under paragraph (1), the voting witnesses may accompany them, and uniformed policemen required for an escort may accompany them up to the limit of two persons.
 Article 71 (Transfer of Documents Relating to Voting)
The voting district election management commission shall hand over the pollbook after voting is completed, and transfer all documents related to voting to the chairman of the competent Si/Gun/ election management commission.
CHAPTER Ⅷ BALLOT COUNTING
 Article 72 (Supervision of Ballot-Counting)
(1) Ballot-counting affairs shall be performed by the competent Si/Gun/ election management commission.
(2) In counting ballots, a majority of members shall be present.
 Article 73 (Establishment and Public Notice of Ballot-counting Place)
(1) The Si/Gun/ election management commission shall announce publicly the ballot-counting places to be established at the seat of the Si/Gun/ office not later than five days before the voting day.
(2) In order to assist ballot-counting affairs, persons engaged in the ballot-counting shall be assigned by the Si/Gun/ election management commission.
(3) Persons engaged in the ballot-counting shall be commissioned by the Si/Gun/ election management commission from among public officials of the administrative agencies concerned, the court or educational institutions located in the area, and their names shall be announced publicly not later than three days before the voting day: Provided, That the number of the public officials of the administrative agencies concerned shall not exceed a third of the total persons engaged in the ballot-counting, unless the number of the public officials of the court and educational institutions are under two thirds of the total persons engaged in the ballot-counting.
 Article 74 (Restriction on Access to Ballot-counting Place and Maintenance of Order)
(1) No person may enter the ballot-counting place except members or personnel of the Si/Gun/ election management commission and its superior commission, persons engaged in the ballot-counting and ballot-counting witnesses.
(2) When members and personnel of the election management commissions, persons engaged in the ballot-counting and ballot-counting witnesses enter the ballot-counting places, they shall wear on their breasts a badge indicating their positions, duties and names under the conditions as determined by the Central Election Management Commission Regulations.
(3) When the chairman of the Si/Gun/ election management commission deems that the order in the ballot-counting place is too disturbed to hold a fair ballot-counting, he may request by a resolution of the commission the assistance of uniformed policemen to keep order in the ballotcounting place.
(4) The policemen who enter the ballot-counting place in response to the request under paragraph (3), shall be subject to the direction of the chairman of the Si/Gun/ election management commission, and when order is restored, or the chairman demands them to do so, they shall immediately leave the ballot-counting place.
(5) Except in the case as referred to in paragraph (3), no person may carry arms, dangerous weapons or explosives in the ballot-counting place.
 Article 75 (Commencement of Ballot-counting)
(1) Ballot-counting shall be carried out according to the order of arrival of the ballot boxes, after all boxes have arrived from the voting district election management commissions, unless there is any special circumstance: Provided, That in a case where the arrival of some ballot boxes is delayed due to traffic or other unavoidable circumstances, if two thirds or more of the ballot boxes have arrived, the ballot-counting may be commenced.
(2) When the ballot boxes have arrived, the ballot-counting witnesses may inspect the closing and sealing of them, and witness the situation of supervision over them.
(3) When the Si/Gun/ election management commission has received the votes by mail, it shall immediately deposit and keep them in the ballot box for votes by mail, and after confirming whether they were sent by the right person in the presence of the ballot-counting witnesses from 6:00 p.m. on the voting day, open the outer envelope, mix the ballot papers contained in it with those contained in the general ballot boxes, and then begin the ballot-counting.
 Article 76 (Opening of Ballot Boxes)
(1) Upon opening the ballot boxes, the chairman shall declare it, and after inspecting the state of closing and sealing of the ballot boxes with all members present, open them: Provided, That if there is any member refusing to inspect it, or any ballot-counting witness refusing to participate therein without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the ballotcounting record.
(2) The chairman shall count the number of votes after opening the ballot boxes, and compare those with the number of the delivered ballot papers that are specified on the voting record.
(3) Ballot-counting shall be carried out by voting district, but the ballot boxes shall be opened in consecutive order, and the number of ballot boxes to be opened at the same time shall be less than two.
(4) The number of supporting and opposing votes obtained shall be announced publicly by the voting district unit, but members present of the Si/Gun/ election management commission shall examine the number of supporting, opposing and invalid votes before the public announcement: Provided, That if a member delays the ballot-counting affairs without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the ballot-counting record.
 Article 77 (Witness of Ballot-counting)
(1) The Si/Gun/ election management commission shall have the ballot-counting witnesses witness the ballot-counting situation in the ballot-counting place.
(2) Each political party shall select six ballot-counting witnesses as referred to in paragraph (1) and report them to the Si/Gun/ election management commission not later than three days before the voting day.
(3) The Si/Gun/ election management commission shall, upon receiving a report on the ballot-counting witnesses under paragraph (2), have them witness by three persons in turns by political party.
(4) Each political party, if necessary, may replace at any time any ballotcounting witness among those selected and reported under paragraph (2) after reporting him to the Si/Gun/ election management commission, and on the ballot-counting day, it may report the replacement in the ballot-counting place.
(5) No person who has no right to vote, or falls under any of the subparagraphs of Article 53 (1) of the Act on the Election of Public Officials and the Prevention of Election Malpractices may be appointed a ballot-counting witness. <Amended by Act No. 4739, Mar. 16, 1994>
(6) The Si/Gun/ election management commission shall install the seats of ballot-counting witnesses opposite to the persons engaged in ballot-counting affairs so as to witness at a close distance (more than one meter, but within two meters) to identify the details of the ballot-counting.
(7) The ballot-counting witnesses may, at all times, go around and keep watch.
(8) When a ballot-counting witness finds out any illegal matter on the ballot-counting, and demands a correction thereof, if such demand is deemed justifiable, the Si/Gun/ election management commission shall correct it.
(9) Any ballot-counting witness may take a photograph of the ballotcounting situation in the ballot-counting place.
(10) The general public may observe the ballot-counting situation in a divided place with admission tickets issued by the Si/Gun/ election management commission.
(11) The number of admission tickets as referred to in paragraph (10) shall be proper, taking into consideration the ballot-counting place, but the tickets shall be distributed evenly by each political party.
(12) The Si/Gun/ election management commission shall provide seats for the general public with equipment necessary for maintaining order.
(13) The allowances of the ballot-counting witnesses shall be borne by the National Treasury under the conditions as determined by the Central Election Management Commission.
 Article 78 (Invalid Votes)
(1) In a case which falls under any of the following subparagraphs, the vote shall be invalid:
1. Where the regular ballot paper is not used;
2. Where a mark is not put in any column for support or opposition;
3. Where marks are put in both columns for support and opposition;
4. Where it is impossible to distinguish in which column for support and opposition the mark is put;
5. Where a character, shape or form of a thing is written without the "O" mark;
6. Where any other matter is written in addition to the "O" mark; and
7. Where it is not disclosed, or it is not confirmed whether or not the voter is the right person, in case of a vote by mail.
(2) A vote shall not be invalid in the following cases:
1. Where the "O" mark is shown partially, or the inside of the "O" mark is filled up but it is obvious that it is marked on the ballot paper using a marking instrument of the voting district election management commission;
2. Where two or more marks are put or overlapped in the same column;
3. Where the mark is put outside of the column, but it is obvious in which column the mark is put;
4. Where the mark is put on the dividing line of the supporting and opposing columns, but it is obvious in which column the mark is put;
5. Where the mark is transcribed, but it is obvious in which column the mark is put; and
6. Where it is stained with seal-ink, but it is obvious in which column the mark is put.
 Article 79 (Decision on Objection against Effect of Vote)
If an objection against the effect of a vote is raised, the Si/Gun/ election management commission shall decide it by the attendance of a majority of all the members and a concurrent vote of a majority of members present.
 Article 80 (Distinction of Ballot Papers)
When the ballot-counting is completed, the ballot papers shall be distinguished into valid and invalid ones by the voting district, of which the valid ones shall be distinguished again by supporting or opposing ones, and then they shall be put into separate envelopes, which shall be sealed by the chairman and all members present of the Si/Gun/ election management commission: Provided, That if a member refuses to seal it without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the ballot-counting record.
 Article 81 (Preparation of Ballot-counting Record)
The Si/Gun/ election management commission shall prepare a ballotcounting record, and the chairman and all the members present shall sign and seal it: Provided, That if a member refuses to sign and seal it without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the ballot-counting record.
 Article 82 (Publication and Report on Results of Ballot-counting)
The Si/Gun/ election management commission shall immediately publish the results of the ballot-counting, and at the same time report it to the City/Do election management commission with the ballot-counting record.
 Article 83 (Preservation of Documents, etc.)
The Si/Gun/ election management commission shall preserve ballot papers, voting records, ballot-counting records and all other documents related to the national referendum for one year from the voting day.
CHAPTER Ⅸ FINAL DECISION
 Article 84 (Intermediate Totalization)
(1) When the City/Do election management commission receives a report under Article 82 from the Si/Gun/ election management commission, it shall immediately totalize the number of voters, persons who have voted, and the supporting, opposing and invalid votes.
(2) In a case as referred to in paragraph (1), a majority of all members shall be present.
 Article 85 (Preparation of Intermediate Totalization Record)
The City/Do election management commission shall prepare an intermediate totalization record, and the chairman and all the members present shall sign and seal it: Provided, That if a member refuses to sign and seal it without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the intermediate totalization record.
 Article 86 (Publication and Report on Results of Totalization)
The City/Do election management commission shall immediately publish the result of totalization, and at the same time report it to the Central Election Management Commission with the intermediate totalization record.
 Article 87 (Totalization of Results)
(1) When the Central Election Management Commission receives a report under Article 86 from the City/Do election management commissions, it shall promptly totalize the number of voters, persons who have voted, and the supporting, opposing and invalid votes.
(2) In a case as referred to in paragraph (1), a majority of members shall be present.
 Article 88 (National Referendum Record)
The Central Election Management Commission shall prepare a national referendum record, and the chairman and all the members present shall sign and seal it: Provided, That if a member refuses to sign and seal it without any justifiable reason, he shall be considered to waive his competence, and the reason shall be specified on the national referendum record.
 Article 89 (Publication and Notification of Total Results)
The Central Election Management Commission shall publish the results immediately after the totalization as provided in Article 87 (1) is completed, and notify it to the President and the Speaker of the National Assembly.
 Article 90 (Revoting due to Natural Disaster, etc.)
(1) If it is impossible to hold the voting in one or several voting districts because of a natural disaster or any other cause, or if it is deemed that the results of the national referendum might be changed by losing or burning of ballot boxes, the Central Election Management Commission shall publish the total results of the national referendum after holding the ballot again in the voting district, and notify the President and the Speaker of the National Assembly thereof.
(2) The voting as referred to in paragraph (1) shall be held within ten days after the cause is eliminated, but the Central Election Management Commission shall announce publicly the voting day five days before the voting day.
 Article 91 (Promulgation of Final Decision)
The President shall, upon receiving a notification of the results of the national referendum under Article 89 or 90, promulgate them immediately.
CHAPTER Ⅹ ACTION
 Article 92 (Action for Invalidity of National Referendum)
Any voter, who has an objection to the validity of the national referendum, may bring an action to the Supreme Court against the chairman of the Central Election Management Commission with the support of one hundred thousand or more voters within twenty days from the voting day.
 Article 93 (Judgment of Invalidity of National Referendum)
Even though there is a fact violating this Act or an order issued under this Act with respect to the national referendum, in an action under Article 92, the Supreme Court shall decide on the whole or partial invalidity of the national referendum, only when it is deemed to have influenced the results of the national referendum.
 Article 94 (Preferential Settlement of National Referendum Action)
Any action concerning the national referendum shall be brought to judgment rapidly in preference to other lawsuits.
 Article 95 (Proceedings)
Except as provided in this Act, the provisions of Article 8 of the Administrative Litigation Act shall apply mutatis mutandis to actions concerning the national referendum: Provided, That the provisions of Articles 145, 147 (2), 149, 150 (1), 220, 225 through 232, 284 (1), 285 and 288 of the Civil Procedure Act shall not apply mutatis mutandis. <Amended by Act No. 6626, Jan. 26, 2002>
 Article 96 (Notification of Action Concerning National Referendum)
When an action is instituted under this Act, the Chief Justice of the Supreme Court shall notify it to the President, the Speaker of the National Assembly and the chairman of the Central Election Management Commission. This provision shall also apply when it is pending no longer, or a judgment becomes definite.
CHAPTER XI REVOTING
 Article 97 (Revoting)
(1) If the national referendum is judged invalid wholly or partially under Article 93, a new vote shall be taken.
(2) If the votes are judged invalid wholly, a new vote shall be taken within thirty days after the judgment becomes definite, and the revoting day shall be announced publicly by the President at the latest eighteen days before the voting date.
(3) If the votes are judged invalid partially, the Central Election Management Commission shall hold a new vote in the voting district where the voting is invalid, and after making the totalization anew, notify the President and the Speaker of the National Assembly of the result.
(4) The revoting as referred to in paragraph (3) shall be held within twenty days after the judgment becomes definite, but the Central Election Management Commission shall announce publicly the revoting day before seven days.
(5) Despite the provisions of Article 19, the revoting as referred to in paragraph (3) shall use the pollbook used for the preceding voting, unless it is specified in the judgment. <Amended by Act No. 5454, Dec. 13, 1997>
(6) The President shall, upon receiving a notification under paragraph (3), make without delay a new promulgation of the final decision on the national referendum under Article 91.
(7) Even when a part of the national referendum is invalid under Article 93, if it is possible to decide the results of the national referendum without a new vote, a partial new vote shall not be taken.
(8) Matters necessary for the campaign in a partial new vote shall be determined by the Central Election Management Commission under the limit of this Act.
CHAPTER XII ADJOURNMENT OF VOTING
 Article 98 (Adjournment of Voting)
If a vote is unable to be held or has not been held because of a natural disaster, the President shall adjourn it, or fix the new voting day. In this case, it shall not be restricted by the period as prescribed in Article 49.
CHAPTER ⅩⅢ PENAL PROVISIONS
 Article 99 (Offences of Corruption and Inducement to Interests)
(1) Any person, who falls under any of the following subparagraphs, shall be punished by imprisonment or imprisonment without prison labor for not more than three years, or a fine not exceeding 1,500,000 won:
1. A person who offers, or expresses an intention to offer, or promises to offer money, goods, horses and vehicles, entertainment, other proprietary interests, or public or private office for the purpose of making another person support or oppose the national referendum;
2. A person who commits an act as referred to in subparagraph 1 against any eligible voter for the purpose of obtaining compensation for giving or not giving a vote, or for making or not making any campaign, or for mediating or inducing a vote;
3. A person who commits an offence as referred to in subparagraph 1 against any eligible voter as a compensation for having or not having voted;
4. A person who offers or expresses an intention to offer money, goods or other interests in property to schools, other public agencies and public organizations for the purpose of influencing the results of the national referendum;
5. A person who mediates or induces acts as referred to in subparagraphs 1 through 4; and
6. A person who receives or demands to offer, or accepts a declaration of intention to offer, any interest or office as referred to in subparagraphs 1 through 4.
(2) If a member or employee of the election management commission, public official or policeman related to the national referendum commits any offence as referred in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not more than seven years.
 Article 100 (Offences of Corruption and Inducing Interests to Many Persons)
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment or imprisonment without prison labor for not more than five years, or a fine exceeding 500,000 won but not exceeding 2,500,000 won:
1. A person who, for the purpose of seeking a proprietary interest, commits or induces another person to commit any offence as referred to in subparagraphs of Article 99 (1) against many eligible persons so as to influence the results of the national referendum; and
2. A person who receives or induces another person to receive a solicitation to commit any offence as referred to in subparagraph 1.
 Article 101 (Confiscation of Profits Derived from Offers of Corruption and Inducement to Interests)
Profits received by a person who commits offences as referred to in Articles 99 and 100 shall be confiscated: Provided, That if it is impossible to confiscate the whole or part of such profits, the value thereof shall be collected additionally.
 Article 102 (Offence of Obstructing Freedom of Vote)
(1) Any person who falls under any of the following subparagraphs with respect to the national referendum, shall be punished by imprisonment or imprisonment without prison labor for not more than five years, or a fine exceeding 500,000 won but not exceeding 2,500,000 won:
1. A person who assaults, threatens or induces any voter, or arrests or detains him unlawfully; and
2. A person who obstructs the freedom of vote by means of a deceptive scheme, fraudulent trick, or other unlawful means.
(2) If a public prosecutor, policeman or military man commits any offence as referred to in any subparagraphs of paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than ten years, and a suspension of qualification for not less than five years.
 Article 103 (Offence of Obstructing Freedom of Vote by Military Man)
If a military man has, for the purpose of making a campaign, prevented his subordinates or military personnel from exercising their voting right by violence, threat, or other means, he shall be punished by imprisonment or imprisonment without prison labor for not less than three years.
 Article 104 (Offence of Obstructing Freedom of Vote by Misfeasance)
If a member of staff of the election management commission, policeman or public official concerned, or person engaged in preparation of a pollbook obstructs the freedom of vote in connection with the national referendum by abusing his authority, in such manner that he interferes on purpose with a public inspection of the pollbook, abandons his duties, or refuses to deliver the voting notice slips, and the like, he shall be punished by imprisonment or imprisonment without prison labor for not more than seven years.
 Article 105 (Offence of Obstruction to Proposal of National Referendum, etc.)
(1) If a member or staff of the election management commission, public official or policeman related to affairs of the national referendum under Article 22, or damages or removes it, shall be punished by imprisonment or imprisonment without prison labor for not more than two years, or a fine not exceeding one million won.
(2) If a member or staff of the election management commission, public official or policeman related to affairs of the national referendum commits the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not more than five years.
 Article 106 (Offence of Unlawful Preparation on Proposal of National Referendum, etc.)
If a member or staff of the election management commission, or a person engaged in the affairs of the national referendum prepares, posts or distributes unlawfully or unreasonably the proposal of the national referendum under Article 22 or the bulletins of the national referendum under Article 23 and posters under Article 32, or fails to carry them out without any justifiable reason, he shall be punished by imprisonment or imprisonment without prison labor for not more than three years, or a fine not exceeding 1,500,000 won.
 Article 107 (Offence of Infringement on Secrecy of Vote)
(1) Any person who infringes on the secrecy of the vote, or compels any voter to show the column on which he has voted or desires to vote, shall be punished by imprisonment or imprisonment without prison labor for not more than two years, or a fine not exceeding one million won.
(2) If a member or staff of the election management commission, policeman, military man or other public official commits the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not more than seven years.
 Article 108 (Offence of Interference with Voting or Ballot-Counting)
(1) Any person who interferes, without any justifiable reason, with voting or ballot-counting in a voting or ballot-counting place, or solicits voting or otherwise commits an act affecting the voting or ballot-counting, shall be punished by imprisonment or imprisonment without prison labor for not more than three years.
(2) If a member or staff of the election management commission, or public prosecutor, policeman, military man or public official related to affairs of the national referendum commits the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not more than seven years.
 Article 109 (Offence Concerning Ballot Boxes, etc.)
(1) Any person who opens a ballot box disregarding the Acts and subordinate statutes, or takes out, destroys, damages, conceals or seizes by force the ballot box or the ballot paper in a ballot box, shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than seven years.
(2) If a public prosecutor, policeman or military man commits the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than ten years.
 Article 110 (Offence of Violence and Disturbance to Persons and Facilities Related to National Referendum Affairs)
Any person who assaults or threatens a member or staff of the election management commission, or public official related to the national referendum affairs, or disturbs a voting or ballot-counting place, or detains, damages or seizes by force the ballot papers, pollbook or other documents or seals related to the national referendum, shall be punished by imprisonment or imprisonment without prison labor for not more than seven years or a fine exceeding 500,000 won but not exceeding 3,500,000 won.
 Article 111 (Offence of Intrusion with Arms into Voting Place, etc.)
(1) Any person who intrudes into a voting or ballot-counting place with arms, dangerous weapons, explosives or other things capable of killing or injuring any person, shall be punished by imprisonment or imprisonment without prison labor for not more than five years.
(2) If the offence as referred to in paragraph (1) is committed, the things carried shall be categories.
 Article 112 (Offence of Obstructing Vote by Many Persons)
(1) If many persons get together and commit any offence as referred to in Article 109 (1), 110 or 111, they shall be punished according to the following categories:
1. The leader shall be punished by imprisonment or imprisonment without prison labor for a definite term of not less than three years;
2. A person who commands other persons or takes the initiative in acting, shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than ten years; and
3. Participants who simply follow the leader, shall be punished by imprisonment or imprisonment without prison labor for not more than one year, or a fine not exceeding 500,000 won.
(2) When many persons get together for the purpose of committing such act as referred to in Articles 102, 109 (1), 110 or 111, if they are ordered three or more times to disperse by a public official concerned, but they refuse to comply with it, the leader shall be punished by imprisonment or imprisonment without prison labor for not more than five years, and other persons, by imprisonment or imprisonment without prison labor for not more than six months, or a fine not exceeding 300,000 won.
 Article 113 (Offences of Deceptive Registration and False Sealing, etc.)
(1) Any person who is registered on the pollbook in a deceptive manner, or affixes a false seal or thumb seal in a case as referred to in Article 57 (1), shall be punished by imprisonment or imprisonment without prison labor for not more than six months, or a fine not exceeding 300,000 won.
(2) If a public official related to the preparation of the pollbook does not register on purpose a voter on the pollbook, or writes in a false fact, he shall be punished by imprisonment or imprisonment without prison labor for not more than three years.
 Article 114 (Offence of Deceptive Voting)
(1) If a person assumes a false name; or gives a vote or attempts to vote in other deceptive manner, or if a person who is not a voter, gives a vote in other deceptive manner, he shall be punished by imprisonment or imprisonment without prison labor for not more than two years, or a fine not exceeding one million won.
(2) If a member or staff of the election management commission, or a public official related to the affairs of the national referendum commits or makes another person commit the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not more than five years.
 Article 115 (Offence of Forging, Adding, or Reducing Votes)
(1) Any person who forges the votes, or adds or reduces the number of votes, shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than seven years.
(2) If a member or staff of the election management commission, or a public official related to the affairs of the national referendum commits the offence as referred to in paragraph (1), he shall be punished by imprisonment or imprisonment without prison labor for not less than one year but not more than ten years.
 Article 116 (Offence of Contravention of Various Restrictive Provisions)
Any person who violates the provisions of Articles 28, 32 (3), (5), (6), (8) and (9), 33 (2), 34 and 36 through 47, shall be punished by imprisonment or imprisonment without prison labor for not more than two years, or a fine not exceeding one million won.
 Article 117 (Offence of Slander against Specified Person)
Any person who violates the provisions of Article 48, shall be punished by imprisonment or imprisonment without prison labor for not more than three years, or a fine not exceeding 1,500,000 won.
 Article 118 (Offence of Pre-campaign, etc.)
Any person who carries on a campaign in contravention of the provisions Articles 26 and 27, shall be punished by imprisonment or imprisonment without prison labor for not more than two years, or a fine not exceeding one million won.
 Article 119 (Offence of Neglecting Duties of Witness)
If a voting witness selected by the voting district election management commission under Article 62 (3) refuses or neglects to witness without any justifiable reason, he shall be punished by a fine not exceeding 500,000 won.
 Article 120 (Offence of Contravention of Various Restrictions)
Any person who violates the restrictive provisions of this Act concerning the national referendum other than those of Articles 99 through 119, shall be punished by a fine not exceeding 200,000 won.
 Article 121 (Offence of Instigating in National Referendum)
Any person who instigates another to commit any offence as referred to in this Chapter using posters, newspapers or magazines, or by any other means, shall be punished by imprisonment or imprisonment without prison labor for not more than three years, or a fine not exceeding 1,500,000 won.
CHAPTER ⅩⅣ SUPPLEMENTARY PROVISIONS
 Article 122 (Prescription of Public Action)
The prescription of public action against an offence as referred to in this Act shall expire after the lapse of three months after the voting day: Provided, That if the offender has fled, the period shall be one year.
 Article 123 (Jurisdiction of Trial)
The first trial of the national referendum offender and his accomplice shall fall under the jurisdiction of the collegiate division of a district court.
 Article 124 (Obligation of Accusation)
If the chairman, members and personnel of each election management commission admit, in performing their duties, that there exists any act violating the provisions of Articles 99 through 121, they shall accuse it.
 Article 125 (Time for Report, etc. on National Referendum)
Except as otherwise prescribed in this Act, reports, applications, presentations, reports, etc. to the administrative agencies and election management commissions at all levels under this Act or the Presidential Decree of this Act and the Central Election Management Commission Regulations shall be made during the regular service hours of national government employees in general service in the working day regardless of a legal holiday.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Any pending case of offence committed or any person who is punished pursuant to the previous provisions at the time of the enforcement of this Act shall not be affected.
ADDENDA <Act No. 4739, Mar. 16, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 4796, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That …
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8449, May 17, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 9467, Feb. 12, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.