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ACT ON ELECTIONS ENTRUSTED BY PUBLIC ORGANIZATIONS, ETC.

Act No. 12755, jun. 11, 2014

Amended by Act No. 13619, Dec. 24, 2015

Act No. 14523, Dec. 27, 2016

Act No. 14481, Dec. 27, 2016

Act No. 15327, Dec. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure that elections of public organizations, etc. are transparent and impartial, thereby contributing to the sound development of public organizations, etc. and the development of a democratic society.
 Article 2 (Basic Principles)
Where an election commission established under the Election Commission Act (hereinafter referred to as "election commission") manages elections entrusted by public organizations, etc. under this Act, the election commission shall ensure that the elections are impartial in accordance with the intentions of the constituents and democratic procedures and provide that the autonomy of the public organizations, etc. are respected.
 Article 3 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "public organizations, etc." means the following organizations:
(a) Cooperatives and the Federation specified in the Agricultural Cooperatives Act or the Fisheries Cooperatives Act and cooperatives specified in the Forestry Cooperatives Act;
(b) The Korea Federation of Small and Medium Business specified in the Small and Medium Enterprise Cooperatives Act, credit cooperatives and the Federation specified in the Community Credit Cooperatives Act, and associations and committees of promoters establishing an association specified in the Act on the Improvement of Urban Areas and Residential Environments;
(c) Organizations (excluding political parties that entrust either an intraparty competition under Article 57-4 of the Public Official Election Act or an intraparty competition for a party representative under Article 48-2 of the Political Parties Act) required or eligible to entrust the management of an election to elect executive officers, etc. to an election commission pursuant to relevant statutes;
(d) Any other organizations equivalent to the organizations specified in items (a) through (c) that intend to entrust the management of an election to elect executive officers, etc. to an election commission;
2. The term "entrusting organization" means a public organization, etc. that entrusts the management of an election to elect executive officers, etc. to an election commission;
3. The term "competent commission" means the Si/Gun/Gu election commission (including the election commission of Sejong Special Self-Governing City) provided for in the Election Commission Act that has jurisdiction over the location of the principal office of an entrusting organization: Provided, That where the competent commission is designated under relevant statutes, such election commission shall be the competent commission;
4. The term “entrusted election" means the management of election which is entrusted to the competent commission by a public organization, etc.;
5. The term "elector" means a person who has a voting right for the relevant entrusted election and who is listed on the relevant electoral register;
6. The term "election for public office, etc." means any of the following elections or voting:
(a) A presidential election or an election of National Assembly members, local government council members or the head of a local government pursuant to the Public Official Election Act; or an election of local government council members or the head of a local government pursuant to the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City or the Special Act on the Establishment, etc. of Sejong Special Self-Governing City;
(b) An election of a superintendent or members of a board of education pursuant to the Local Education Autonomy Act, the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, or the Special Act on the Establishment, etc. of Sejong Special Self-Governing City;
(c) A national referendum pursuant to the National Referendum Act;
(d) Voting of residents pursuant to the Residents' Voting Act;
(e) Resident recall voting pursuant to the Recall of Elected Officials Act;
7. The term "simultaneous elections of the heads of cooperatives" means elections of the heads of cooperatives held at the expiry of the terms of office, which are entrusted to the competent commission and held simultaneously pursuant to the Agricultural Cooperatives Act, the Fisheries Cooperatives Act, or the Forestry Cooperatives Act;
8. The term "articles of association, etc." means the articles of association, articles, rule and general standards of a entrusting organization, as well as other autonomous norms governing the composition, activities, etc. of the entrusting organization.
 Article 4 (Scope of Application)
This Act shall apply to the following entrusted elections:
1. Mandatorily entrusted elections: Elections entrusted by the public organizations, etc. falling under subparagraph 1 (a) of Article 3 and elections required to be entrusted by the public organizations, etc. falling under subparagraph 1 (c) of the same Article, to election commissions;
2. Voluntarily entrusted elections: Elections entrusted by the public organizations, etc. falling under subparagraph 1 (b) or (d) of Article 3 and elections that can be entrusted by public organizations, etc. falling under subparagraph 1 (c) of the same Article, to election commissions.
 Article 5 (Relationship to Other Acts)
This Act shall prevail over other Acts with regard to elections entrusted by public organizations, etc.
 Article 6 (Cooperation in Election Management)
Where State agencies, local governments, entrusting organizations, etc. receive a request from the election commissions to cooperate in providing through the provision of human resources, facilities, equipment, etc. in connection with the management of entrusted elections, compliance shall be mandated in the absence of special circumstances.
CHAPTER II ENTRUSTING, ETC. OF ELECTION MANAGEMENT
 Article 7 (Scope of Management of Entrusted Elections)
The scope of entrusted election affairs administered by the competent commission shall be as follows:
1. Affairs concerning overall election management: Provided, That affairs concerning the preparation and completion of an electoral register shall be excluded;
2. Affairs concerning participation in elections and voting procedures and other affairs concerning the promotion of entrusted elections;
3. Affairs concerning control and investigation of entrusted election offenses (referring to violations of this Act or any other statues (including the relevant articles of association, etc.) in relation to entrusted elections; hereinafter the same shall apply).
 Article 8 (Application for Entrusting Election Management)
Where a public organization, etc. intends to entrust the management of an election to elect executive officers, etc., a written application shall be filed with the competent commission by the following relevant deadline: Provided, That in instances of re-election, a special election, or an election caused by the establishment, division or merger of an entrusting organization, an application shall be filed within 5 days from the date a cause arises for the relevant election:
1. Mandatorily entrusted elections: No later than 180 days before the expiry of the terms of office of executive officers, etc. In such cases, simultaneous elections of the heads of cooperatives shall be deemed entrusted 180 days before the expiry of the terms of office without any separate application;
2. Voluntarily entrusted elections: No later than 90 days before the expiration of the terms of office of executive officers, etc.
 Article 9 (Decision on and Notification of Authorized Management for Voluntarily Entrusted Elections)
Upon receipt of an application for the authorization of election management under subparagraph 2 of Article 8, the competent commission shall decide whether to accept the entrusted management for the relevant election within seven days from the date such application is accepted, take into consideration of election affairs schedules, etc. for elections for public office, etc. and other entrusted elections, and shall promptly notify the relevant public organization, etc. of the decision.
 Article 10 (Impartiality Support Teams)
(1) The competent commission may organize an impartiality support team to conduct activities to prevent, monitor, and control entrusted election offenses, consisting of neutral and impartial persons within the following relevant period, taking into consideration the electoral district, the number of electors and other conditions: Provided, That in cases of simultaneous elections of the heads of cooperatives, an impartiality support team shall be organized during the period from 180 days before the expiry of the terms of office to the election day:
1. Mandatorily entrusted elections: From the date an application is received pursuant to Article 8 to the election day;
2. Voluntarily entrusted elections: From the date a decision to accept the authorized management for the relevant election is notified pursuant to Article 9 to the election day.
(2) An impartiality support team may provide preliminary guidance on entrusted election offenses and engage in activities to prevent, monitor, control, and investigate such offenses under the direction of the competent commission.
(3) The composition of an impartiality support team, method of conducting its activities, payment of allowances and actual expenses, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 11 (Management of Entrusted Elections)
(1) Except as otherwise expressly provided for in this Act, the National Election Commission shall exercise authority over and manage entrusted election affairs, and may revoke or change any illegal or unfair disposition issued by a lower election commission.
(2) A Special Metropolitan City/Metropolitan City/Do/Special Self-Governing Province election commission may revoke or change any illegal or unfair disposition relating to a entrusted election issued by a lower election commission.
(3) Where deemed necessary to administer elections, the competent commission may require a designated person, a lower election commission, or any other Si/Gun/Gu election commission to perform entrusted election affairs, as prescribed by the National Election Commission Regulations.
(4) Where the competent commission is unable to perform its functions due to a natural disaster or any other unavoidable cause, the immediate upper-level election commission may directly manage entrusted election affairs, or require another election commission to act on behalf of the competent commission until its functions are restored. In such cases, where another election commission is required to act on behalf of the competent commission, the immediate upper-level election commission shall determine the scope of affairs to be performed on behalf of the competent commission.
(5) Where the immediate upper-level election commission directly manages entrusted election affairs or requires another election commission to act on behalf of the competent commission pursuant to paragraph (4), the immediate upper-level election commission shall publicly announce the relevant election commission and the scope of affairs without delay.
CHAPTER III VOTING RIGHT AND ELIGIBILITY FOR ELECTION
 Article 12 (Voting Right and Eligibility for Election)
Relevant statutes or the articles of association, etc. shall apply to a voting right and eligibility for election (referring to the eligibility to become an executive officer, etc., regardless of how it is described for an election, such as the eligibility to contend for the relevant election) in entrusted elections.
CHAPTER IV ELECTION PERIOD AND ELECTION DAY
 Article 13 (Election Period)
(1) The election period for each election shall be as follows:
1. An election of the head of a cooperative pursuant to the Agricultural Cooperatives Act, the Fisheries Cooperatives Act, or the Forestry Cooperatives Act (hereinafter referred to as "election of the head of a cooperative"): 14 days;
2. An entrusted election other than elections of the heads of cooperatives: A period determined by the competent commission after consultation with the relevant entrusting organization.
(2) The term "election period" means the period from the day following the closing date of candidate registration to the election day.
 Article 14 (Election Day)
(1) The election day of simultaneous elections of the heads of cooperatives shall be the second Wednesday of March of the year during which the terms of office of the relevant heads of cooperatives expire.
(2) The election day of a entrusted election, other than simultaneous elections of the heads of cooperatives, shall be determined by the competent commission after consultation with the relevant entrusting organization.
(3) The competent commission shall not determine a day where an election for public office, etc. is held in its jurisdiction that falls within the period from 30 days before the election day or voting day of the election for public office, etc. to 20 days after the election day or voting day as the election day of any entrusted election: Provided, That where an election of a local council member or the head of a local government is held at the expiry of the term of office, a day falling within the period from 60 days before the election day to 20 days thereafter shall not be determined as the election day of any entrusted election.
(4) Where the schedules of election affairs overlap because a ground arises to hold an election for public office, etc. after the election day has been determined pursuant to paragraph (2), the competent commission may determine a new election day after re-consultation with the relevant entrusting organization. In such cases, for any voluntarily entrusted election, the competent commission may cancel its decision on the entrusted management therefor.
(5) Where a new election day is determined pursuant to paragraph (4), if the period for setting an election day in accordance with the relevant articles of association, etc. overlaps with the schedule of election affairs for any election for public office, etc., the election day of an entrusted election may be separately determined regardless of the articles of association, etc.
(6) The competent commission shall publicly announce the election day by the day immediately preceding the commencement date of preparation of an electoral register. In such cases, with regard to simultaneous elections of the heads of cooperatives, the election day thereof shall be deemed publicly announced on the day preceding the commencement date of preparation of an electoral register. <Amended by Act No. 15327, Dec. 26, 2017>
CHAPTER V ELECTORAL REGISTER
 Article 15 (Preparation, etc. of Electoral Register)
(1) An entrusting organization shall determine the period for preparing an electoral register and the date the electoral register is completed after consultation with the competent commission, and prepare and complete the electoral register: Provided, That in cases of an election of the head of a cooperative, an electoral register shall be prepared within five days from nineteen days prior to the election day, and the electoral register shall be completed ten days before the election day.
(2) An entrusting organization shall issue to the competent commission one certified copy (including a copy of the computerized data; hereafter in this Article the same shall apply) of an electoral register immediately if the entrusting organization prepares the electoral register, and one certified copy of a completed electoral register without delay if the entrusting organization completes the electoral register. In such cases, where at least two polling stations are installed, the electoral register shall be prepared and completed by dividing it into fascicles for each polling station.
(3) Notwithstanding paragraph (2), where simultaneous elections of the heads of cooperatives are held, the relevant entrusting organization shall prepare and complete electoral registers by the unit of district specified by the National Election Commission Regulations; and the National Election Commission shall receive copies of the computerized data of the completed electoral registers from the relevant cooperatives to prepare an integrated single electoral register using computer systems, and then use such electoral register at the polling stations.
(4) The preparation, correction and completion of an electoral register, notification of any misspelled entries, etc. in the completed electoral register, and other necessary matters shall be prescribed by the National Election Commission Regulations.
 Article 16 (Review of and Objection to Electoral Register and Decision)
(1) Where an entrusting organization has prepared an electoral register, the electors shall be guaranteed an opportunity to review the electoral register by setting a review period during the time period from the day following the expiration date of the period for preparing the electoral register to the day preceding the date the electoral register is completed.
(2) Any elector may file an objection verbally or in writing with the relevant entrusting organization during the review period, if any omitted or misspelled entry is made or any ineligible elector is listed on the electoral register.
(3) Upon receipt of an objection filed under paragraph (2), the relevant entrusting organization shall examine and provide a decision on the objection by the day following the date of receipt thereof; and the entrusting organization shall immediately correct the relevant electoral register and notify the competent commission, the person who has filed the objection, and relevant persons of the correction if the entrusting organization determines that a ground exists to file an objection; and notify the person who has filed the objection of the grounds for the decision if the entrusting organization decides that no ground exists to file an objection.
 Article 17 (Request for Delivery of Copy of Electoral Register)
A candidate may request the delivery of a copy of the relevant electoral register, as prescribed by the relevant statutes and articles of association, etc.
CHAPTER VI CANDIDATES
 Article 18 (Registration of Candidates)
(1) A person who intends to be a candidate shall file a written application for candidate registration with the competent commission for two days beginning from two days before the commencement date of the election period. In such cases, applications for candidate registration shall be received from 9 A.M. to 6 P.M. every day regardless of statutory holidays.
(2) A person who files an application for candidate registration shall submit the following documents, etc.:
1. An application for candidate registration;
2. Evidentiary documents on eligibility for election specified in the relevant statutes or articles of association, etc.;
3. Deposit money (limited to where a deposit must be paid under the relevant statutes or articles of association, etc.);
4. Any other documents, etc. required for the application for candidate registration under the relevant statutes or articles of association, etc.
(3) Upon receipt of an application for candidate registration, the competent commission shall immediately accept it: Provided, That the competent commission shall not accept any application for candidate registration unaccompanied by the documents, etc. specified in paragraph (2) 1 through 3.
(4) The competent commission shall investigate the eligibility of candidates for election after the deadline for candidate registration, and an agency or organization requested to conduct such investigation shall ascertain relevant facts without delay and provide a response to such competent commission.
(5) The competent commission may inquire with the head of a prosecutor's office having jurisdiction over the location of the principal office of the relevant entrusting organization about criminal records of the candidate (referring to criminal record specified in the relevant statues or articles of association, etc.) without delay after the deadline for candidate registration, and the head of the prosecutor's office shall provide the criminal records of the candidate without delay.
(6) The application form for candidate registration and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 19 (Invalidation of Registration)
(1) Where any of the following grounds are satisfied after a candidate is registered, the competent commission shall invalidate the registration of the candidate:
1. Where it is found that the candidate is ineligible for election;
2. Where it is found that the candidate has failed to submit the documents, etc. specified in Article 18 (2) 1 through 3.
(2) Where the competent commission invalidates the registration of any candidate, notification shall be given to the candidate and the relevant entrusting organization of such fact without delay, expressly specifying the grounds for invalidating the registration.
 Article 20 (Reporting on Resignation of Candidate)
Where a candidate intends to resign, a report for resignation in writing shall be filed with the competent commission.
 Article 21 (Public Announcement of Registration, etc. of Candidates)
Where any candidate is registered, resigns or deceases or where the registration of any candidate is invalidated, the competent commission shall publicly announce such fact without delay.
CHAPTER VII ELECTION CAMPAIGNS
 Article 22 (Exclusion from Application)
This Chapter shall not apply to any entrusted elections other than elections entrusted by public organizations, etc. falling under subparagraph 1 (a) of Article 3: Provided, That Articles 31 through 34, 35 (1) through (4), and 37 shall apply to any election to elect executive officers, etc. the management of which must be entrusted by a public organization, etc. pursuant to subparagraph 1 (c) of Article 3 (excluding an election to recommend candidates for the head of a university referred to in Article 24-3 of the Educational Officials Act). <Amended by Act No. 14523, Dec. 27, 2016>
 Article 23 (Definition of Election Campaigns)
The term "election campaign" in this Act means an act of being elected or for electing or not electing another person: Provided, That none of the following acts shall be deemed an election campaign:
1. A simple statement of opinion or expression of an intention in relation to an election;
2. An act of preparing candidacy and an election campaign.
 Article 24 (Subject, Period and Methods of Election Campaigns)
(1) No one shall engage in an election campaign in any way, except where a candidate conducts an election campaign pursuant to Articles 25 through 30-2. <Amended by Act No. 13619, Dec. 24, 2015>
(2) An election campaign shall be conducted during the period from the day following the closing date of candidate registration to the day preceding the election day: Provided, That the same shall not apply in any of the following cases: <Amended by Act No. 13619, Dec. 24, 2015; Act No. 15327, Dec. 26, 2017>
1. Where a candidate running in an election for the president of a federation referred to in Article 24 (3) 3 conducts an election campaign by sending text messages under subparagraph 2 of Article 28 on the election day or on the run-off election day;
2. Where a candidate announces his/her opinion on the election day or on the run-off election day pursuant to Article 30-2.
(3) Methods of waging an election campaign in each election shall be as follows: <Amended by Act No. 13619, Dec. 24, 2015; Act No. 14481, Dec. 27, 2016; Act No. 15327, Dec. 26, 2017>
1. An election of the head of a cooperative occurring at a meeting other than a general meeting, among the methods specified in Article 45 (5) 1 of the Agricultural Cooperatives Act, Article 46 (3) 1 of the Fisheries Cooperatives Act, and Article 35 (3) 1 of the Forestry Cooperatives Act: Methods specified in Articles 25 through 30;
2. An election of the head of a cooperative occurring at a general meeting, among the methods specified in Article 45 (5) 1 of the Agricultural Cooperatives Act, Article 46 (3) 1 of the Fisheries Cooperatives Act, and Article 35 (3) 1 of the Forestry Cooperatives Act: Methods specified in Articles 25 through 30-2;
3. An election of the president of a federation specified in the Agricultural Cooperatives Act or the Fisheries Cooperatives Act, and an election of the head of a cooperative occurring at a meeting of the board of representatives under Article 45 (5) 2 of the Agricultural Cooperatives Act or Article 46 (3) 2 of the Fisheries Cooperatives Act: Methods specified in Articles 25, 28, 29, 30, and 30-2 (the method specified in Article 30 shall be limited to the election of the president of a federation).
 Article 24-2 (Preliminary Candidate)
(1) A person who intends to become a preliminary candidate to run in an election for the president of a federation under Article 24 (3) 3 shall submit a written application for preliminary candidate registration to the competent commission from 30 days before the commencement date of the election period.
(2) An applicant for preliminary candidate registration under paragraph (1) shall submit documents certifying his/her eligibility to run in an election prescribed in the relevant statues or the articles of association, etc.
(3) The competent commission upon receipt of the application for registration under paragraph (1) shall accept it without delay.
(4) The competent commission may inquire of the head of a relevant agency about matters concerning a preliminary candidate, a verification of whose eligibility to run in an election is deemed necessary. In such cases, the head of the relevant agency shall inquire such matters and, in return, notify the competent commission thereof.
(5) When it is found after the registration of a preliminary candidate is completed that the applicant for preliminary candidate registration is not eligible to run in an election, such registration shall be null and void.
(6) When a person intends to resign from his/her preliminary candidacy, he/she shall visit the competent commission and directly report his/her intention of resignation in writing.
(7) Notwithstanding Article 24, the preliminary candidate may engage in an election campaign in any of the following manners:
1. Methods prescribed in Articles 28 and 29;
2. Methods prescribed in Article 30 (limited to cases where the campaign is conducted in an event hall preannounced by the entrusted entity).
(8) A person who is registered as a candidate under Article 18 shall be deemed a preliminary candidate until the day immediately preceding the commencement date of the election period.
(9) The form of an application for preliminary candidate registration and other necessary matters shall be prescribed by the National Election Commission Regulation.
[This Article Newly Inserted by Act No. 15327, Dec. 26, 2017]
 Article 25 (Election Campaign Bulletins)
(1) Every candidate may prepare one type of election campaign bulletin for an election campaign. In such cases, the candidate shall submit the election campaign bulletin to the competent commission by the day preceding the date the electoral register is completed.
(2) The competent commission shall dispatch to the electors the election campaign bulletins submitted pursuant to paragraph (1), including voting guidance leaflets referred to in Article 43, within two days after the date the electoral register is completed.
(3) Where a candidate fails to submit an election campaign bulletin by the deadline in the latter part of paragraph (1) or submits an election campaign bulletin exceeding the standards, such election campaign bulletin shall not be dispatched.
(4) No election campaign bulletin submitted shall be corrected or withdrawn: Provided, that where any misspelled entry or any content violating this Act exists in the election campaign bulletin, the relevant candidate may correct it by the deadline for the submission.
(5) Where an elector files an objection on the grounds that any false information exists in an election campaign bulletin in connection with career, academic background, academic degrees, awards or punishments, an objection shall be filed in writing with the competent commission; the competent commission in receipt of such objection may require the relevant candidate and the person who has filed the objection to submit evidentiary documents; and where such documents are not submitted or the information is identified to be false, the competent commission shall publicly announce such fact.
(6) Where the competent commission has publicly announced the publication of false information pursuant to paragraph (5), one copy of the public announcement shall be affixed at the entrance of a polling station on the election day.
(7) The quantity of and standards for election campaign bulletins to be prepared, the number of pages and submission and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 26 (Campaign Posters)
(1) Every candidate may prepare one type of campaign poster to conduct an election campaign. In such cases, the candidate shall submit the campaign poster to the competent commission by the day preceding the date the electoral register is completed.
(2) The competent commission shall affix campaign posters submitted pursuant to paragraph (1) at the principal office building and branch office buildings or the bulletin board of the relevant entrusting organization, within two days after the deadline for the submission of campaign posters.
(3) Article 25 (3) through (6) shall apply mutatis mutandis to campaign posters. In such cases, "election campaign bulletins" shall be deemed "campaign posters," "dispatching" shall be deemed "affixing," and "exceeding the standards" shall be deemed "exceeding or insufficient of the standards," respectively.
(4) The quantity of campaign posters to be prepared and affixed, the standards for and submission of campaign posters, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 27 (Sash, Jackets and Props)
Every candidate may wear a sash or jacket or use props to conduct an election campaign during the election campaign period.
 Article 28 (Election Campaigns through Telephones)
Every candidate may conduct an election campaign in any of the following manners during the election campaign period: Provided, That the same shall not apply to the hours from 10 P.M. to 7 A.M.:
1. Direct telephone conversations between a caller and a receiver;
2. Sending text (excluding voice, images, videos, etc. other than text) messages.
 Article 29 (Election Campaigns through Information and Communications Networks)
(1) Every candidate may conduct an election campaign in any of the following manners during the election campaign period:
1. Posting articles, videos, etc. on the bulletin board, chat room, etc. of the web-site opened and operated by the relevant entrusting organization;
2. Transmitting e-mails (referring to a communication system by which computer users exchange text, voice, images, videos, and other information).
(2) The competent commission may request the manager or operator of the web-site or the relevant provider of information and communications services specified in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereafter in this Article referred to as "provider of information and communications services") to delete the relevant information where any information violating this Act has been posted on the bulletin board, chat room, etc. of any web-site. In such cases, the manager or operator of the web-site or the provider of information and communications services, the recipient of the request, shall comply with such request without delay.
(3) A person who has posted the information may file an objection in writing with the competent commission within three days from the date the information is deleted where any information is deleted pursuant to paragraph (2).
(4) Requests for deletion of illegal information posted, objections, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 30 (Election Campaigns through Name Cards)
Every candidate may conduct an election campaign by personally offering name cards for an election campaign that of which is not more than nine centimeters long or more than five centimeters wide to electors or appeal for support in public locations where many persons pass or gather during the election campaign period: Provided, That the same shall not apply to locations provided for by the National Election Commission Regulations.
 Article 30-2 (Introduction of Candidates and Presentation of Opinions on Election Day)
(1) An official in charge of voting management or a person designated by the official in charge of voting management (hereinafter in this Article referred to as "official, etc. in charge of voting management") shall introduce to the electors all candidates in the order of the assigned number for the candidate and request each candidate to present an opinion on the operation of the cooperative at a polling station or a place where a general meeting or a meeting of the board of representatives occurs (hereinafter in this Article referred to as "polling station, etc.") for an election of the head of a cooperative specified in Article 24 (3) 2 or an election of the president of a federation specified in Article 24 (3) 3, before the voting commences on the election day or on the run-off election day referred to in Article 52 (limited to the election of the president of a federation referred to in Article 24 (3) 3). In such cases, each candidate shall be allotted ten minutes for the presentation. <Amended by Act No. 15327, Dec. 26, 2017>
(2) Where any candidate fails to arrive at the relevant polling station, etc. when presentation of an opinion by the candidate occurs, withdrawal from the presentation of an opinion shall be deemed.
(3) Where any candidate provides a statement violating Article 61 or 62, the official, etc. in charge of voting management shall request the discontinuance of such statement and where the candidate fails to comply with such request, an official, etc. in charge of voting management shall take necessary measures, such as preventing the presentation of such opinion.
(4) Where any person obstructs a candidate from presenting an opinion or disrupts order at a polling station, etc., an official, etc. in charge of voting management may require such person to abstain from such act and compel such person to vacate the polling station, etc., if such order is not complied with.
(5) Introduction of candidates, progress for presentation of opinions by candidates referred to in paragraph (1), and other necessary matters shall be provided for by the National Election Commission Regulations.
[This Article Newly Inserted by Act No. 13619, Dec. 24, 2015]
 Article 31 (Prohibition, etc. of Election Campaigns by Using Status)
No executive officer or employee of a entrusting organization shall engage in any of the following activities:
1. Conducting an election campaign through status or position;
2. Participating in planning an election campaign or implementing such planning through status or position;
3. Surveying or publishing an approval rating of a candidate (including a person who intends to be a candidate) among the electors.
 Article 32 (Definition of Contributions)
The term "contribution" in this Act means the provision of money, goods or other proprietary benefits, expressing an intention to provide such benefits or the provision of a promise of such benefits to any of the following persons, institutions, organizations, or facilities:
1. An elector (including eligible persons to be listed on the relevant electoral register if the electoral register has yet to be prepared; hereinafter in this Article the same shall apply) or related persons (referring to the spouse of the elector, lineal ascendants or descendants and siblings of the elector or the spouse of the elector, and the spouses of lineal ascendants or descendants and siblings of the elector; hereinafter the same shall apply);
2. An institution, organization, or facility established or operated by an elector or related persons.
 Article 33 (Acts Not Construed as Contributions)
(1) None of the following acts shall be deemed contributions:
1. Functional acts:
(a) Offering ceremonial money or goods (including awards, but excluding offering a wreath or flower arrangement; hereinafter in item (b), the same shall apply) by an institution, organization or facility (excluding any entrusting organization referred to in item (b)) in the name of such institution, organization or facility under its business plan and with its budget;
(b) Offering money or goods by a entrusting organization, which is executed under the business plan or according to the budget for income and expenditure specified in the relevant statutes or the articles of association, etc. in the name of such entrusting organization;
(c) Performing obligations, such as payment for the purchase of goods, construction work, provision of services, etc. or payment of expenses, etc.;
(d) Supporting, donating, or offering goods, etc. under the relevant statutes, other than acts falling under items (a) through (c);
2. Ceremonial acts:
(a) Offering money or goods for congratulatory or condolence purposes at a ceremony for coming-of-age, marriage, funeral and ancestral worship of relatives referred to in Article 777 of the Civil Act (hereinafter in this Article referred to as "relatives") or other congratulatory or condolence purposes;
(b) Offering money or goods (excluding wreaths and flower arrangements) within the ordinary limits for congratulatory or condolence purposes at a ceremony of coming-of-age, marriage, funeral and ancestral worship of persons other than relatives, or officiating a wedding;
(c) Providing food or returning gifts within the ordinary limits to congratulators or guests for condolences, etc., who attend a ceremony of coming-of-age, marriage, funeral or ancestral worship or any other ceremony for congratulatory or condolence purposes;
(d) Providing courtesy gifts to full-time employees of affiliated institutions, organizations or facilities (excluding entrusting organizations) or to the relatives of such persons at the end of the year, New Year’s Day, or Chuseok (Korean Thanksgiving Day);
(e) Payment of membership fees of various social or benevolent groups and social organizations, such as a benevolent club, native folks society, relatives society and alumni association within the previous limits in accordance with the relevant articles of association, etc. of the organization or under the operational practices;
(f) Donation of money (including the provision of goods) as an ordinary practice to a chapel, Catholic church, temple, etc. a person usually attends;
3. Acts similar to remedial or charitable acts referred to in Article 112 (2) 3 of the Public Official Election Act;
4. Any other acts similar to those referred to in subparagraphs 1 through 3, which are provided for by the National Election Commission Regulations.
(2) The scope of an amount of money or goods for congratulatory or condolence purposes, food, returning gifts, and courtesy gifts permitted to be offered to one person within the ordinary limits pursuant to paragraph (1) shall be provided for by the National Election Commission Regulations.
 Article 34 (Period subject to Restriction on Contributions)
The period for which contribution is not permitted (hereinafter referred to as "period subject to restriction on contributions") shall be as follows:
1. An election occurring at the expiry of the term of office: 180 days before the expiry of the term of office to the election day;
2. A reelection, a special election, and an election caused by the establishment, division or merger of an entrusting organization specified in the relevant statues or articles of association, etc.: The day a cause arises to hold the relevant election to the election day.
 Article 35 (Restriction on Contributions)
(1) A candidate (including a person who intends to be a candidate; hereinafter in this Article the same shall apply), the spouse of a candidate, and an institution, organization or facility to which a candidate belongs shall not make contributions during the period subject to restriction on contributions.
(2) No person shall make contributions or have another person make contributions for a candidate in connection with the relevant entrusted election during the period subject to restriction on contributions. In such cases, making contributions by disclosing the name of the candidate or the presumption that a candidate makes contributions shall be construed as a contribution for the candidate in connection with the relevant election.
(3) No person shall receive contributions from a person specified in paragraph (1) or (2) or accept the intention of such person to make contributions in connection with the relevant entrusted election during the period subject to restriction on contributions.
(4) No person shall instruct, solicit, mediate, or demand any act specified in paragraphs (1) through (3).
(5) The head of a cooperative or the president of a federation defined in the Agricultural Cooperatives Act or the Fisheries Cooperatives Act, or the head of a cooperative defined in the Forestry Cooperatives Act shall not make contributions while in office.
 Article 36 (Restriction on Provision of Money or Goods for Congratulatory or Condolence Purposes by Head of Cooperative, etc.)
Where money or goods for congratulatory or condolence purposes are offered at a ceremony of coming-of-age, marriage, funeral and ancestral worship or other congratulatory or condolence purposes at the expense of a cooperative or federation defined in the Agricultural Cooperatives Act or the Fisheries Cooperatives Act or a cooperative defined in the Forestry Cooperatives Act (hereinafter in this Article referred to as "cooperative, etc."), such act shall be performed in the name of the relevant cooperative, etc., expressly stating that such money or goods are offered at the expense of the cooperative, etc.; and any act performed by disclosing the official title or name of the representative of the relevant cooperative, etc. or the presumption that the representative engages in such act shall be deemed a contribution.
 Article 37 (Prohibition of Return Courtesy after Election Day)
A candidate, the spouse, or an institution, organization or facility to which a candidate belongs shall not be involved in any of the following acts to offer congratulations, consolation, or other return courtesy to the electors in connection with the success or defeat in an election after the election day:
1. Offering money, goods, or entertainment;
2. Gathering the electors to hold a meeting for celebrating the success or for consolation for the defeat in the election.
 Article 38 (Restriction on Personal Visits, etc.)
No one shall make personal visits for the electors (including persons eligible to be recorded on the relevant electoral register if the electoral register has yet to be prepared) or encourage a gathering at a particular place for an election campaign.
CHAPTER VIII VOTING AND BALLOT COUNTING
 Article 39 (Method of Election, etc.)
(1) An election shall be made by voting.
(2) Voting shall be made by each elector directly marking the ballot.
(3) Every elector shall cast one vote: Provided, That the same shall not apply where a person specified by the relevant statues or articles of association, etc. casts a vote on behalf of a corporation.
 Article 40 (Establishment, etc. of Polling Stations)
(1) The competent commission shall establish polling stations by the day preceding the election day after consultation with the relevant entrusting organization on the number of polling stations, locations of establishment, etc.
(2) The competent commission shall commission one official in charge of voting management who administers voting affairs and voting clerks who assist in voting affairs at each polling station from among impartial and neutral persons.
 Article 41 (Establishment of Polling Stations for Simultaneous Elections of Heads of Cooperatives)
(1) Where simultaneous elections of the heads of cooperatives occur, the competent commission shall establish and operate one polling station in each Eup/Myeon/Dong (Myeon refers to an administrative Myeon if an administrative Myeon is operated pursuant to Article 4-2 (3) of the Local Autonomy Act; and Dong refers to an administrative Dong if an administrative Dong is operated pursuant to Article 4-2 (4) of the same Act) under its jurisdiction, notwithstanding Article 40 (1): Provided, That for Dong, the competent commission may establish polling stations for only some Dongs after consultation with the relevant cooperatives.
(2) For simultaneous elections of the heads of cooperatives, an elector may cast a vote at any polling station established in the district unit which has prepared the electoral register on which such elector is listed.
(3) An official in charge of voting management shall require an elector who intends to vote pursuant to paragraph (2) to present an identification card to verify the identity of the elector; request the elector to imprint a thumbmark or sign electronically; print out a ballot paper for the relevant election for which the elector has the voting franchise by using a ballot printer; affix a seal thereon; and then issue the ballot to the elector.
(4) The National Election Commission shall ensure that any elector with a voting right for at least two elections of the heads of cooperatives can vote without impediment, and shall take technical measures required to ensure that the same person does not vote two times or more.
(5) Where any electors have difficulty going to a polling station due to domicile on islands or in remote and secluded areas in the mountains or due to any other extenuating circumstances, the competent commission may enable such electors to vote by a method provided for by the National Election Commission Regulations, such as voting on circuit, abode polling or Internet voting, through a resolution. In such cases, the competent commission shall consult with the relevant cooperatives in relation to a voting method, etc.
(6) Electors eligible for voting on circuit, abode polling, Internet voting, etc. referred to in paragraph (5), the procedures, period and methods for implementing such voting, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 42 (Ballots)
(1) The numbers and names of candidates shall be indicated on the ballot, with the numbers indicated as numerical values, such as "1, 2, and 3" in the order of candidates by which candidates are recorded on the ballot and names recorded in Korean: Provided, That if any candidates have the same name in Korean, the Chinese characters shall also be recorded in parentheses.
(2) The competent commission shall determine the order of candidates to be printed on the ballot by lottery in the presence of the candidates or agents, after the candidate registration is closed: Provided, That where any candidate or agent fails to participate in the lottery on the specified date, a person designated by the chairperson of the competent commission may draw a lot on behalf of such candidate.
(3) Ballots may be prepared by writing or by printing through a ballot printer.
 Article 43 (Mailing of Voting Guidance Leaflets)
The competent commission shall dispatch by mail to each elector voting guidance leaflets, including the name of electors, the registration number in the electoral register, the location of the polling station, balloting hours, materials necessary for the elector to vote, the voting procedure, other contents to invite the elector to participate in the voting, etc., within two days after the date the electoral register is completed.
 Article 44 (Balloting Hours)
(1) Balloting hours by election shall be as follows:
1. Simultaneous elections of the heads of cooperatives: From 7 A.M. till 5 P.M.:
2. Entrusted elections other than simultaneous elections of the heads of cooperatives: Hours determined by the competent commission after consultation with the relevant entrusting organization.
(2) Where any electors are waiting to vote at a polling station when it is closed, number tickets shall be given to finish voting, and afterwards the polling station shall be closed.
 Article 45 (Witnessing of Voting and Ballot Counting)
(1) Every candidate shall select less than two voting witnesses for each polling station and less than two ballot counting witnesses for each ballot-counting place from among the electors, and shall report in writing to the competent commission on the selected voting witnesses two days before the election day and on the selected ballot counting witnesses by the day preceding the election day. In such cases, voting witnesses may concurrently serve as ballot counting witnesses.
(2) The competent commission shall have the voting witnesses and ballot counting witnesses reported pursuant to paragraph (1) witness the voting and ballot counting, respectively.
(3) A candidate failing to report voting witnesses and ballot counting witnesses under paragraph (1) shall be deemed to abandon witnessing of voting and ballot counting.
(4) A candidate, the spouse, or an executive officer or employee of the relevant entrusting organization shall not be a voting witness or ballot counting witness.
(5) Notwithstanding paragraph (1), the number of voting witnesses for each polling station shall be 12 in cases of simultaneous elections of the heads of cooperatives; where the number of candidates exceeds 12, one person for each candidate shall be first selected and thereafter 12 of such persons shall be designated by lottery; and where the number of candidates is fewer than 12 but the number of persons selected and reported by the candidates exceeds 12, those candidates that selected only one person shall be first designated and thereafter the remaining number shall be filled by lottery.
(6) Detailed procedures and methods for selecting and reporting voting witnesses and ballot counting witnesses, those for designating voting witnesses, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 46 (Establishment, etc. of Ballot Counting Places)
(1) The competent commission shall establish a ballot counting place at a facility, etc. of the relevant entrusting organization in its jurisdiction: Provided, That where it is impracticable to transport any ballot box to the ballot counting place due to the installation of the ballot box on an island or in a remote and secluded area in the mountains, the competent commission may establish a ballot counting place in the relevant polling station by a resolution.
(2) The competent commission may commission impartial and neutral persons capable of assisting in ballot counting as ballot-counting assistants to support ballot counting.
(3) Voting clerks may concurrently serve as ballot counting assistants.
(4) The ballot counting procedures, entrusting of ballot counting assistants, witnessing of ballot counting, and other necessary matters where a ballot counting place is established at a polling station under the proviso to paragraph (1) shall be provided for by the National Election Commission Regulations.
 Article 47 (Ballot Counting)
(1) When the ballots are counted, the number of votes shall be calculated separately for each entrusting organization.
(2) To assist in ballot counting affairs, the competent commission may sort ballots into valid votes and invalid votes or sort ballots for each candidate, or may use machines or computer systems necessary for computing.
(3) The number of votes obtained by each candidate shall be publicly announced based on a ballot-counting briefing chart to which the chairperson of the competent commission has affixed a signature or seal. In such cases, all the members of the competent commission present shall inspect the number of votes obtained before public announcement is made; and where any member of the commission delays ballot counting without just cause, withdrawal form the inspection shall be deemed from the inspection and the grounds for such interpretation shall be stated in the ballot-counting records.
(4) A person, lower election commission, or any other Si/Gun/Gu election commission designated to manage ballot counting affairs pursuant to Article 11 (3) shall immediately dispatch the results of the ballot counting to the competent commission, which shall be publicly announced as to the number of votes obtained by each candidate, including the results of ballot counting received.
(5) Preparation and dispatch of the results of ballot counting referred to in paragraph (4) and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 48 (Observation of Ballot Counting)
(1) Any person may observe the proceeding of ballot counting at a demarcated place with a spectator ticket issued by the competent commission.
(2) Where both voting and ballot counting are implemented at a concurrent place on the same day, the competent commission shall not issue spectator tickets. In such cases, the competent commission shall delineate the spectator gallery from the place for voting and ballot counting to ensure that spectators cannot enter the place for voting and ballot counting.
 Article 49 (Preparation, etc. of Voting Records, Ballot-Counting Records and Election Records)
(1) The competent commission shall prepare both voting records and ballot-counting records: Provided, That where voting and ballot counting are implemented at a concurrent place on the same day, integrated voting and ballot-counting records may be prepared.
(2) Where the competent commission has a person, etc. that it has designated pursuant to Article 11 (3) manage the voting or ballot counting affairs, a designated person, lower election commission, or any other Si/Gun/Gu election commission shall immediately prepare the voting records and ballot-counting records, or integrated voting and ballot-counting records under paragraph (1) and dispatch such records to the competent commission without delay.
(3) Upon receipt of the voting records and ballot-counting records or integrated voting and ballot-counting records under paragraph (2), the competent commission shall count without delay the number of votes obtained by each candidate and prepare election records.
(4) The voting records, ballot-counting records, integrated voting and ballot-counting records, and election records may be prepared, reported, or dispatched through the use of computer systems.
 Article 50 (Preservation of Election-Related Documents)
The competent commission shall preserve the ballots, voting records, ballot-counting records, integrated voting and ballot-counting records, election records, and all other documents related to the relevant entrusted election during the term of the elected persons: Provided, That the preservation period may be shortened, as provided for by the National Election Commission Regulations.
 Article 51 (Application Mutatis Mutandis, etc. of Public Official Election Act)
(1) Except as otherwise provided for in this Act, Chapters X and XI of the Public Official Election Act shall apply mutatis mutandis to the management of voting and ballot counting to the extent that the scope is compatible with those provisions.
(2) Procedures, etc. for the voting and ballot counting of a voluntarily entrusted election may be determined otherwise after consultation with the relevant entrusting organization.
 Article 52 (Run-Off Elections)
(1) Whether to hold a run-off election shall be governed by the relevant statutes or articles of association, etc.
(2) The run-off election day shall be determined by the competent commission after consultation with the relevant entrusting organization.
(3) The original electoral register used for a entrusted election shall be used for a run-off election referred to in paragraph (1) except in extenuating circumstances.
(4) Where it is impossible to hold an election or an election has not been held due to a natural disaster or any other extenuating circumstances, the competent commission shall postpone the election after consultation with the relevant entrusting organization. In such cases, the election procedure shall be reinstated; and where only the election day is rescheduled, the election procedure shall resume from the point that cessation occurred.
 Article 53 (Special Cases concerning Election of Head of Cooperative Held at General Meeting, etc.)
(1) Where simultaneous elections of the heads of cooperatives are held, the following shall apply to the preparation and completion of the electoral register of an election of the head of a cooperative referred to in Article 24 (3) 2 or 3 (hereinafter in this Article referred to as "election of the head of a cooperative held at a general meeting, etc.") as well as to the voting and ballot counting for such election: <Amended by Act No. 13619, Dec. 24, 2015>
1. In an election of the head of a cooperative referred to in Article 24 (3) 3, the "electoral register" referred to in Articles 15, 16 and 17 shall be deemed a "register of the representatives": Provided, That the same shall not apply to Article 15 (3);
2. Notwithstanding Article 41 (1), one polling station shall be established at a place where the electors can vote conveniently;
3. Notwithstanding Article 41 (2), the electors of the relevant cooperative shall vote at the polling station referred to in subparagraph 2;
4. Notwithstanding Article 44 (1) 1, the balloting hours shall be determined by the competent commission after consultation with the relevant cooperative, and the closing time of balloting shall be 5 P.M.;
5. Notwithstanding Article 52 (2), a run-off election shall be held on the relevant election day, and the balloting hours for the run-off election shall be determined by the competent commission after consultation with the relevant cooperative;
6. Except as otherwise provided for in this Act, matters concerning the procedures, etc. for voting and ballot counting shall be governed by the relevant statutes or articles of association, etc.
(2) Notwithstanding paragraph (1), the competent commission may determine other procedures, etc. for voting and ballot counting for a re-election or special election of the head of a cooperative held at a general meeting, etc., as well as for an election caused by the establishment, division or merger, after consultation with the relevant cooperative. <Amended by Act No. 13619, Dec. 24, 2015>
 Article 54 (Holding Entrusted Elections Simultaneously)
Where the competent commission has decided to accept the authorized management of at least two elections for which the same day can be set as an election day, simultaneous entrusted elections may occur after consultation with the relevant entrusting organizations.
 Article 55 (Filing Objection to Validity, etc. of Entrusted Elections)
For an entrusted election, an objection to the validity or the elected shall be filed with the relevant entrusting organization: Provided, That an objection to misconduct of management and execution of entrusted election affairs or to the validity of the voting shall be filed with the immediate upper-level election commission.
CHAPTER IX ELECTED PERSONS
 Article 56 (Decision on Elected Persons)
A decision on the elected person shall be made in accordance with the relevant statues or articles of association, etc.
CHAPTER X PENALITY PROVISIONS
 Article 57 (Exclusion from Application)
(1) This Chapter shall not apply to entrusted elections other than elections entrusted by the public organizations falling under subparagraph 1 (a) of Article 3: Provided, That the same shall not apply to Article 65, subparagraph 12 of Article 66, and Article 68 (1), (2) 2, (4) and (5). <Amended by Act No. 14523, Dec. 27, 2016>
(2) Notwithstanding the main sentence of paragraph (1), Articles 58 through 65, subparagraphs 8, 10, 12 and 13 of Article 66, Articles 67, and 68 (1), (2) 2 and (3) through (5) shall apply to any election to elect executive officers, etc. the management of which must be entrusted by a public organization, etc. pursuant to subparagraph 1 (c) of Article 3 (excluding an election to recommend candidates for the head of a university referred to in Article 24-3 of the Educational Officials Act). <Newly Inserted by Act No. 14523, Dec. 27, 2016>
 Article 58 (Corrupt Practices and Inducement by Interest)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who offers, manifests an intention to offer, or promises to offer money, goods, entertainment, other proprietary benefits, or a public or private position to an elector (including persons eligible to be recorded on the relevant electoral register if the electoral register has yet to be prepared; hereinafter in this Article the same shall apply), related persons, or to an institution, organization or facility established or operated by an elector or related persons;
2. A person who commits any act specified in subparagraph 1 against a person who intends to be a candidate or a candidate, with the intention of inducing the withdrawal of or resignation from the candidacy;
3. A person who receives, or accepts an intention to offer, any benefits or position specified in subparagraph 1 or 2;
4. A person who instructs, solicits, mediates, or demands an act specified in subparagraphs 1 through 3;
5. A person who possesses money for distribution to electors readily (including related persons of electors or institutions, organizations or facilities established or operated by electors or related persons), such as packed gifts or enveloped money, from the period of commencement of candidate registration to the election day.
 Article 59 (Violation of Prohibition, Restriction, etc. on Contributions)
Any person who violates Article 35 (excluding persons falling under Article 68 (3)) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
 Article 60 (Confiscation of Benefit from Corrupt Practices, Inducement by Interest, etc.)
Any benefits received by a person who has committed any crime specified in Article 58 or 59 shall be confiscated: Provided, That if it is impracticable to confiscate all or some of such benefits, the value shall be collected.
 Article 61 (Publication of False Information)
(1) Any person who publishes false information about a candidate (including a person who intends to be a candidate; hereinafter in this Article the same shall apply), the spouse, lineal ascendants or descendants, or siblings in the election campaign bulletins or any other means which is favorable to the candidate, and with the intention of electing the candidate shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
(2) Any person who publishes false information about a candidate, the spouse, lineal ascendants or descendants, or siblings in the election campaign bulletins or any other means which is unfavorable to the candidate and with the intention to prevent the candidate from being elected shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
 Article 62 (Slander against Candidates, etc.)
Any person who slanders a candidate (including a person who intends to be a candidate), the spouse, lineal ascendants or descendants, or siblings by expressing any fact openly by election campaign bulletins or any other means to conduct an election campaign shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: Provided, That where such fact is true and concerns the public interests, the relevant person shall not be punished.
 Article 63 (Fraudulent Entry)
(1) Any person who aids and abets recording of the name of a candidate on the electoral register in a deceitful manner shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.
(2) Where any person related to the preparation of an electoral register intentionally fails to record an elector on the electoral register, or enters or compels another person to enter false facts, such person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
 Article 64 (Fraudulent Voting)
(1) Any person who assumes a false name, uses an altered or forged identification card, casts or makes another person cast a vote, or attempts to cast a vote in a fraudulent manner shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.
(2) Where a member or employee of an election commission, an official in charge of voting management, or a voting clerk commits or compels another person to commit any act specified in paragraph (1), the penalty shall be imprisonment with labor for not more than three years.
 Article 65 (Assault or Disturbance against Persons Engaged in or Facilities Related to Election Affairs)
Any of the following persons shall be punished by imprisonment with labor for not less than one year but no more than seven years or by a fine of not less than ten million won but no more than 70 million won:
1. A person who assaults, threatens, entraps or unlawfully arrests or detains a member or employee of an election commission, a member of an impartiality support team, or any other person engaging in entrusted election affairs, in connection with any entrusted election;
2. A person who disrupts a polling station, ballot counting place, or election commission office through the use of violence or threats;
3. A person who conceals, destroys, damages, or seizes any facilities, installations, equipment, documents, seals related to the election management and supervisory affairs, such as ballots, balloting aids and computer systems, or an electoral register.
 Article 66 (Violation of Various Restrictive Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 13619, Dec. 24, 2015; Act No. 15327, Dec. 26, 2017>
1. A person who conducts an election campaign although not a candidate in violation of Article 24; conducts an election campaign by any means other than the means of election campaign specified in Articles 25 through 30-2; or conducts an election campaign during a period other than the election campaign period: Provided, That a preliminary candidate who conducts an election campaign pursuant to Article 24-2 (7) of the Act shall be excluded therefrom;
1-2. A person who engages in an election campaign, in violation of Article 24-2 (7);
2. A person who engages in an election campaign in violation of the type, quantity, number of pages of election campaign bulletins, or the method of attachment referred to in Article 25;
3. A person who engages in an election campaign in violation of the type or quantity of campaign posters, or the method of attachment referred to in Article 26;
4. A person who conducts an election campaign, in violation of Article 27;
5. A person who conducts an election campaign, in violation of the method of telephone conversations or the hours referred to in Article 28;
6. A person who conducts an election campaign, using a web-site opened and operated by a person other than the relevant entrusting organization, in violation of Article 29;
7. A person who conducts an election campaign, in violation of the standards for name cards or the method of distribution referred to in Article 30;
7-2. A person who fails to comply with a cessation order issued by an official, etc. in charge of voting management, in violation of Article 30-2 (4);
8. A person who violates Article 31;
9. A person who offers money or goods for congratulatory or condolence purposes, in violation of Article 36;
10. A person who violates Article 37;
11. A person who violates Article 38;
12. A person who obstructs entry, fails to comply with a request for submission of materials, or submits false data, in violation of Article 73 (3);
13. A person who violates Article 75 (2).
 Article 67 (Joint Penalty Provisions)
If the representative of a corporation or organization, or an agent or employee of, or any other person employed by, a corporation or organization commits any offense violating this Act in connection with the affairs of the corporation or organization, not only shall such offender be punished accordingly, but the corporation or organization shall also be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or organization has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such offense.
 Article 68 (Imposition, Collection, etc. of Administrative Fines)
(1) A conspicuous offender or a quasi-conspicuous offender referred to in Article 211 of the Criminal Procedure Act who fails to comply with a request for accompanying referred to in Article 73 (4) shall be subject to an administrative fine not exceeding three million won.
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who fails to comply with a request from the competent commission referred to in Article 29 (2);
2. A person who fails to comply with a request for attendance referred to in Article 73 (4) without just cause.
(3) A person who receives money, goods, or other proprietary benefits (excluding persons who have been provided with money or goods with a value exceeding one million won) in violation of Article 35 (3) shall be subject to an administrative fine of not less than ten times but not more than 50 times the money or the value of goods provided, which shall not exceed 30 million won: Provided, That where the relevant person returns the money, food, goods, etc. provided (referring to an amount of money equivalent to the value of food, goods, etc. provided if impracticable for return) to an election commission and voluntarily surrenders to the police, the administrative fine imposed may be reduced or disposed of.
(4) Administrative fines shall be imposed by the competent commission (hereinafter in this Article referred to as "imposing authority"), as provided for by the National Election Commission Regulations. In such cases, if the person subject to the disposition of an administrative fine fails to make payment by the payment deadline, the competent commission shall entrust the collection thereof to the head of the competent tax office, who in turn shall collect such payment in the same manner as delinquent national taxes are collected and transfer such payment to the State.
(5) Notwithstanding Article 5 of the Act on the Regulation of Violations of Public Order, the following provisions shall apply to the procedures for the collection, imposition, etc. of administrative fines under this Act:
1. A party (referring to a party defined in subparagraph 3 of Article 2 of the Act on the Regulation of Violations of Public Order; hereinafter in this paragraph the same shall apply) shall submit an opinion within three days from an advance notice is received from the imposing authority, notwithstanding the former part of Article 16 (1) of the Act on the Regulation of Violations of Public Order;
2. Any party that has any objections to the disposition of an administrative fine taken under the former part of paragraph (4) shall file an objection with the imposing authority within 20 days from the date a notice of such disposition is received, however filing such objection shall not affect the effects of the disposition of the administrative fine, the execution of the disposition, or the continuation of the procedure;
3. Notwithstanding Article 24 of the Act on the Regulation of Violations of Public Order, if a party fails to make payment of an administrative fine by the payment deadline, the imposing authority shall delegate the collection of the delinquent administrative fine supplemented by an additional charge equivalent to 5/100 of the delinquent administrative fine to the head of the competent tax office in which the head of the competent tax office shall collect such payment in the same manner as delinquent national taxes are collected and transfer it to the State;
4. Notwithstanding the main sentence of Article 21 (1) of the Act on the Regulation of Violations of Public Order, if a party who has received a disposition of an administrative fine pursuant to paragraph (4) files an objection pursuant to subparagraph 2, the imposing authority shall notify the competent court of such fact without delay.
CHAPTER XI SUPPLEMENTARY PROVISIONS
 Article 69 (Electronic Voting and Ballot Counting)
(1) The competent commission may implement voting and ballot counting in a manner that permits processing of votes and computation of the number of votes obtained by each candidate through the use of computer systems (hereinafter in this Article referred to as "electronic voting and ballot counting") after consultation with the relevant entrusting organization.
(2) Where the competent commission intends to implement electronic voting and ballot counting pursuant to paragraph (1), public announcement shall be made of such fact without delay and the relevant entrusting organization and candidates shall be notified, and the announcement of such facts shall be provided for to ensure that electors vote without impediments.
(3) Where electronic voting and ballot counting are implemented, the procedures and methods for voting and ballot counting and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 70 (Invalidation of Election Result due to Entrusted Election Crimes)
In any of the following cases, the election of the relevant person shall be invalidated:
1. Where an elected person is sentenced to imprisonment with labor or a fine exceeding one million won for committing any crime specified in this Act in connection with the relevant entrusted election;
2. Where the spouse or a lineal ascendant or descendant of an elected person is sentenced to imprisonment with labor or a fine exceeding three million won, in violation of Article 58 or 59, in connection with the relevant entrusted election: Provided, That the same shall not apply where the relevant crime is committed with the intention of invalidating by inducement or provocation of the elected by another person.
 Article 71 (Prescription of Prosecution)
The prescription of prosecution against any crime specified in this Act shall be completed in six months (six months from the date a crime is committed, if the crime is committed after the election day) after the relevant election day: Provided, That if the accused absconds or aids and abets an accomplice or witness required to prove the crime to abscond, the period shall be three years.
 Article 72 (Suspension of and Warning against Offenses)
(1) Where a member or employee of the competent commission identifies any entrusted election offense in the performance of duties, a suspension, warning or corrective order shall be issued by such member or employee.
(2) Where an entrusted election offense is deemed to seriously harm the impartiality of an election or where a suspension, warning or corrective order is not complied with, the competent commission may request the competent investigation agency to investigate such offense or file a complaint with the investigation agency.
 Article 73 (Investigation, etc. of Offenses)
(1) A member or employee of an election commission may enter the relevant place to inquire of or investigate relevant persons, or request submission of relevant documents or other materials necessary for investigations in any of the following cases which relate to entrusted election offenses:
1. Where an entrusted election offense is deemed likely;
2. Where the explanation by a candidate for a possible entrusted election offense is deemed based on good reason;
3. Where a report on a conspicuous offender is received.
(2) Where a member or employee of an election commission deems that evidence used for an occurring entrusted election offense is likely to be destroyed, such evidence may be collected immediately as such offense occurs within the scope necessary for investigations. In such cases, the member or employee of the election commission shall dispatch collected evidence to an investigation agency if a complaint is filed with the agency against the entrusted election offense or has requested the agency to conduct investigations, and shall return such evidence without delay to the person who owns, occupies or manages such evident if no complaint or request has been filed or made.
(3) No person may obstruct entry into the place referred to in paragraph (1), and a person who is subject to any inquiries or investigation or requested to submit materials under the same paragraph shall comply with such request.
(4) Where deemed necessary to inquire of or investigate relevant persons in connection with investigations of entrusted election offenses, a member or employee of an election commission may request accompaniment or attendance at election commission: Provided, That no such request shall be made to candidates during the election period.
(5) Where a member or employee of an election commission enters the place referred to in paragraph (1), inquires of or investigates the relevant persons, or requests the submission of materials, an identification certificate shall be presented to such persons, state the position and name of such member or employee and explain the purpose and reason of such activity.
(6) The procedure and method for giving an explanation, collection of evidential materials, standards for the certificate, and other necessary matters shall be provided for by the National Election Commission Regulations.
 Article 74 (Special Cases concerning Persons Who Voluntarily Surrender to Police)
(1) Where a person who has received or consented to receive money, goods, or other benefits among persons who have violated Article 58 or 59 voluntarily surrenders to the police, the punishment imposed shall be mitigated or disposed of: Provided, That the same shall not apply to any of the following persons:
1. A candidate and the spouse;
2. Lineal ascendants or descendants and siblings of a candidate or the spouses of such persons;
3. Spouses of lineal descendants and siblings of a candidate;
4. A person who receives or consents to receive benefits, etc. in a fraudulent manner.
(2) Where the person specified in the main sentence of paragraph (1) voluntarily reports a crime to an election commission and the election commission notifies the relevant investigation agency thereof, the time such report is made to the said commission shall be deemed the time of voluntary surrender.
 Article 75 (Protection of Informants, etc. of Entrusted Election Crimes)
(1) Where substantial grounds exist to acknowledge that a person who has offered assistance to examinations or investigations by filing a report, petition, complaint or accusation, provides a statement or testimony, or has engaged in any other activities, such as submitting data, providing information to arrest the accused, or arresting the accused, in connection with any crime specified in this Act sustains or is likely to sustain damage due to such activity, Articles 5, 7, 9 through 12, and 16 of the Act on Protection of Specific Crime Informants, Etc. shall apply mutatis mutandis to the criminal procedures for such crime in addition to the processes of investigations by the competent commission.
(2) No person shall provide to another person, disclose, or report personal information of an informant, etc. or any fact indicating an informant, etc., with the knowledge that the relevant person is an informant, etc. protected under paragraph (1).
 Article 76 (Payment of Reward Money to Informants of Entrusted Election Offenses)
The competent commission may provide payment of reward money to a person who has filed a report on an entrusted election offense before the commission becomes aware of such offense, as provided for by the National Election Commission Regulations.
 Article 77 (Report, etc. in Relation to Entrusted Elections)
(1) Except as otherwise expressly provided for in this Act, a report, application, submission, etc. filed or made to an election commission during the election period under this Act or under the National Election Commission Regulations to implement this Act shall be filed or made from 9 A.M. to 6 P.M. daily, regardless of statutory holidays.
(2) Where a report, application, submission, etc. provided for in this Act or the National Election Commission Regulations to implement this Act is filed or made, an election commission may require such report, application, submission, etc. to be stored on a magnetic disk or in a similar medium according to the form provided by the election commission or to be posted on a web-site designated by the election commission.
 Article 78 (Expenses for Election Management)
(1) An entrusted election shall be borne by the relevant entrusting organization, which shall pay the expenses to the competent commission by no later than 60 days before the commencement date of the election period (ten days from the date an application for entrusting an election is filed, in cases of a reelection, a special election, or an election caused by the establishment, division, or merger of an entrusting organization) in cases falling under subparagraph 1; and by no later than ten days from the date a decision on entrusted management is notified (the date an application for entrusting an election is filed, in cases of a mandatorily entrusted election) in cases falling under subparagraphs 2 and 3, so as not to impede the implementation of such election for any of the following expenses:
1. Expenses incurred in preparing and managing the entrusted election;
2. Expenses incurred in relation to guidance and publicity about the entrusted election;
3. Expenses incurred in controlling and investigating entrusted election offenses.
(2) Expenses incurred in payment of reward money under Article 76 in simultaneous elections of the heads of cooperatives shall be borne equally by the relevant cooperatives and the federation.
(3) Any of the following expenses incurred in managing entrusted elections shall be borne by the State:
1. Expenses incurred in preparing and amending a manual on entrusted election affairs;
2. Any other expenses incurred in conducting affairs uniformly, such as guidance about and supervision of entrusted election affairs.
(4) The National Election Commission shall establish criteria for calculating expenses for election management after attaining opinions of the relevant entrusting organization and notify the competent commission thereof; and the competent commission shall calculate the expenses based on such criteria.
(5) Where a run-off election is held pursuant to Article 52, the competent commission shall calculate expenses for election management, separately from the expenses referred to in paragraph (4).
(6) Where the competent commission calculates expenses for election management pursuant to paragraph (4), an amount shall be appropriated not exceeding 5/100 of the total expenses for election management calculated for additional expenses, so as to cover unforeseeable expenses or expenses that exceed the calculation criteria due to unavoidable circumstances.
(7) The payment made under paragraph (1) shall not be subject to a disposition on default or compulsory implementation and matters necessary for the criteria for calculating expenses, procedures and method for making the payment, implementation, examination, return, etc. thereof shall be provided for by the National Election Commission Regulations.
 Article 79 (Enforcement Rule)
Matters necessary for the enforcement of this Act in relation to entrusted elections shall be provided for by the National Election Commission Regulations.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on August 1, 2014.
Article 2 (Applicability)
This Act shall begin to apply from the first entrusted election for which an application for entrustment has been filed with the competent commission after this Act enters into force.
Article 3 (Transitional Measures concerning Invalidation of Election)
The former provisions shall apply where an election invalidated pursuant to the former provisions before this Act enters into force.
Article 4 (Transitional Measures concerning Penalty Provisions, etc.)
The former provisions shall apply where penalties and fines are imposed for acts committed before this Act enters into force.
Article 5 Omitted.
ADDENDUM <Act No. 13619, Dec. 24, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14481, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14523, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Elections for which Application for Entrusting Election Management has Been Filed under Subparagraph 2 of Article 2)
Notwithstanding the amended proviso to Article 57 (1), the former provisions shall apply where penalties and fines are imposed in relation to a voluntarily entrusted election for which an application for entrustment has been filed with the election commission pursuant to subparagraph 2 of Article 8 before this Act enters into force.
Article 3 (Transitional Measures concerning Penalties and Administrative Fines)
The former provisions shall apply where penalties and administrative fines are imposed for acts committed before this Act enters into force.
ADDENDA <Act No. 15327, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Penalty Provisions)
The former provisions shall apply where penalties are imposed for acts committed before this Act enters into force.