ELECTION COMMISSION ACT
Wholly Amended by Act No. 3938, Nov. 7, 1987
Amended by Act No. 4088, Mar. 25, 1989
Act No. 4224, Apr. 7, 1990
Act No. 4496, Nov. 11, 1992
Act No. 4739, Mar. 16, 1994
Act No. 4796, Dec. 22, 1994
Act No. 4949, May 10, 1995
Act No. 5052, Dec. 29, 1995
Act No. 5454, Dec. 13, 1997
Act No. 5499, Jan. 13, 1998
Act No. 5625, Dec. 31, 1998
Act No. 6265, Feb. 16, 2000
Act No. 6622, Jan. 19, 2002
Act No. 7190, Mar. 12, 2004
Act No. 7574, May 31, 2005
Act No. 7614, Jul. 28, 2005
Act No. 7681, Aug. 4, 2005
Act No. 9577, Apr. 1, 2009
Act No. 9972, Jan. 25, 2010
Act No. 10303, May 17, 2010
Act No. 11530, Dec. 11, 2012
Act No. 12756, jun. 11, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13756, Jan. 15, 2016
The purpose of this Act is to provide for the organization and duties of election commissions responsible for the fair management of elections and referenda and supervision of the affairs related to political parties.
| Article 2 (Establishment) |
| (1) | The types of election commissions and the prescribed number of members of each commission shall be as follows: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005> |
| 1. | The National Election Commission shall be composed of nine members; |
| 2. | A Special Metropolitan City/Metropolitan City/Do Commission shall be composed of nine members; |
| 3. | A Si/Gun/Gu election commission shall be composed of nine members; |
| 4. | An Eup/Myeon/Dong election commission shall be composed of seven members. |
| (2) | A Special Metropolitan City/Metropolitan City/Do election commission (hereinafter referred to as "City/Do election commission"), Si/Gun/Gu election commission and Eup/Myeon/Dong election commission shall be respectively established in the Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as "City/Do"), Gus/Sis (excluding a Si in which Gus are established) and Guns, and Eups/Myeons (referring to an administrative district under Article 4-2 (3) of the Local Autonomy Act; hereinafter the same shall apply)/Dongs (referring to an administrative district under Article 4-2 (4) of the Local Autonomy Act; hereinafter the same shall apply): Provided, That two or more Si/Gun/Gu election commissions may be established in one Si/Gun/Gu in consideration of the population, the number of voting precincts, traffic, and other circumstances as prescribed by the National Election Commission Regulations. <Amended by Act No. 4739, Mar. 16, 1994; Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005; Act No. 9577, Apr. 1, 2009> |
| (3) | The jurisdiction of a City/Do election commission, a Si/Gun/Gu election commission, and an Eup/Myeon/Dong election commission shall be limited to each respective administrative district: Provided, That where two or more Si/Gun/Gu election commissions are established in one Si/Gun/Gu pursuant to the proviso to paragraph (2), the territorial jurisdiction of each commission shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | City/Do election commissions, Si/Gun/Gu election commissions and Eup/Myeon/Dong election commissions shall be named after the respective administrative districts: Provided, That where two or more Si/Gun/Gu election commissions are established in one Si/Gun/Gu, they shall be indicated as A, B, C, etc. following the names of the respective administrative districts. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | An office of a City/Do election commission or a Si/Gun/Gu election commission shall be located in the administrative district under the jurisdiction of each commission, and that of an Eup/Myeon/Dong election commission shall be located in the seat of the relevant Eup/Myeon/Dong office. In such cases, an office of a City/Do election commission or a Si/Gun/Gu election commission may be located outside of the administrative district under its jurisdiction if special grounds exist such as a joint use of an office with other election commissions. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | Where two or more Si/Gun/Gu election commissions exist in a single constituency, or a single constituency extends over the jurisdictional areas of two or more Si/Gun/Gu election commissions in various elections (excluding an election in which the whole country or a City/Do is a constituency; hereafter the same shall apply in this paragraph), the National Election Commission shall designate a Si/Gun/Gu election commission which shall attend to the election affairs for the constituency concerned. In this case, the Si/Gun/Gu election commission which shall attend to the election affairs for the constituency shall be the one immediately superior to the other Si/Gun/Gu election commissions in the same constituency for the election concerned. |
| Article 3 (Duties of Commissions) |
| (1) | Each election commission shall attend to the following affairs as prescribed in Acts and subordinate statutes: <Amended by Act No. 12756, Jun. 11, 2014> |
| 1. | Affairs concerning elections of the State and each local government; |
| 2. | Affairs concerning referenda; |
| 3. | Affairs concerning political parties; |
| 5. | Other affairs as prescribed in other Acts and subordinate statutes. |
| (2) | Each election commission shall ensure fairness in managing an election or referendum and attending to the affairs concerning political parties by faithfully observing the Acts and subordinate statutes. |
| (3) | The National Election Commission shall exercise overall control and supervision of the affairs as provided for in paragraph (1), and each election commission shall direct and oversee a lower election commission in attending to the affairs as provided for in paragraph (1). |
| (4) | and (5) Deleted. <by Act No. 12756, Jun. 11, 2014> |
| Article 4 (Appointment and Commission of Members) |
| (1) | The National Election Commission shall be composed of three members appointed by the President, three members elected by the National Assembly, and three members nominated by the Chief Justice of the Supreme Court. In this case, the members shall be so appointed, elected, or nominated after going through a confirmation hearing by the National Assembly. <Amended by Act No. 7614, Jul. 28, 2005> |
| (2) | A City/Do election commission shall be composed of members recommended by a political party which constitutes a negotiation group in the National Assembly from among those who have a right to elect a member of the National Assembly and are not members of any political party, three members, including two judges, recommended by the chief judge of the district court with jurisdiction over the area concerned, and three members commissioned by the National Election Commission from among educators or persons of knowledge and moral character. <Amended by Act No. 4088, Mar. 25, 1989> |
| (3) | A Si/Gun/Gu election commission shall be composed of members recommended by a political party constituting a negotiation group in the National Assembly from among those who reside in the corresponding district, who have a right to elect a member of the National Assembly, and who are not members of any political party, and six members commissioned by the City/Do election commission from among judges, educators or persons of knowledge and moral character: Provided, That the members recommended by the political party may be commissioned by the Si/Gun/Gu election commission concerned after the commencement of an election period (excluding an entrusted election; hereinafter the same shall apply) or the public announcement of a referendum. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4739, Mar. 16, 1994> |
| (4) | An Eup/Myeon/Dong election commission shall be composed of members recommended by a political party constituting a negotiation group in the National Assembly from among those who reside in the Eup/Myeon/Dong concerned, who have the right to elect a National Assembly member, and who are not members of any political party, and four members commissioned by the Si/Gun/Gu election commission from among persons of knowledge and moral character: Provided, That where no one but military servicemen has a voting right in the Eup/Myeon concerned, the members of the Eup/Myeon/Dong election commission may be commissioned from among the persons who reside in the Si/Gun/Gu with jurisdiction over the Eup/Myeon/Dong concerned and who have the right to elect a member of the National Assembly. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4796, Dec. 22, 1994; Act No. 7681, Aug. 4, 2005> |
| (5) | Judges, court officials, and educational public officials who are to be the members of a Si/Gun/Gu election commission and an Eup/ Myeon/Dong election commission shall not be subject to the residential requirements, and judges shall be commissioned on a preferential basis. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | A public official other than a judge, court official, and educational public official shall not be a member of each election commission. |
| (7) | As to the members recommended by a political party as provided for in paragraphs (2) through (4) (hereinafter referred to as a "party-recommended member"), each political party constituting a negotiation group in the National Assembly (referring to a case where one party constitutes one negotiation group; hereinafter the same shall apply) shall recommend one candidate in writing. In this case, if the number of political parties constituting a negotiation group in the National Assembly is more or fewer than three, so that the prescribed number of the members of each commission provided for in Article 2 (1) 2 through 4 becomes larger or smaller, the actual number shall be regarded as the prescribed number of its members. <Amended by Act No. 4088, Mar. 25, 1989> |
| (8) | A division of the party concerned shall submit a written recommendation of a party-recommended member as provided for in paragraph (7) along with the documents certifying that he/she is not a member of the political party which has recommended him/her, his/her letter of acceptance, and a copy of his/her resident registration: Provided, That whether the person has the right to vote for a member of the National Assembly may be investigated after the commission as prescribed by the National Election Commission Regulations. In this case, the term "division of party" means a central party and City/Do parties as provided for in Article 3 of the Political Parties Act, and where there is no division of a party to submit such recommendation, a division superior thereto shall do so. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 7190, Mar. 12, 2004> |
| (9) | Where there is a vacancy in the party-recommended members, the election commission concerned shall notify thereof to the division of the party concerned as provided for in paragraph (8). |
| (10) | Where a change occurs in the political party constituting a negotiation group as provided for in paragraph (7), the Speaker of the National Assembly shall notify the National Election Commission thereof, and the National Election Commission shall immediately notify the political party concerned and the lower election commissions. <Amended by Act No. 4088, Mar. 25, 1989> |
| (11) | Where a political party which has recommended a member as provided for in paragraph (7) is no longer able to constitute a negotiation group and another party becomes able to constitute a new negotiation group, the member recommended by the former shall hold office until a person recommended by the latter is commissioned to become a member. <Amended by Act No. 4088, Mar. 25, 1989> |
| (12) | A Si/Gun/Gu election commission, upon receiving a written recommendation of a party-recommended member of the Si/Gun/Gu election commission concerned or an Eup/Myeon/Dong election commission after the beginning of an election or the pronouncement of a referendum, shall commission the person within 24 hours as provided for in the proviso to paragraph (3), and if the person is not commissioned within 24 hours, the chairperson of the Si/Gun/Gu election commission shall commission him/her and report the fact to a higher election commission, respectively: Provided, That if a member is to be replaced before the voting day or the beginning of ballot-counting, the political party concerned shall make a substitute recommendation at least two days beforehand and no member shall be replaced on the voting day or during ballot-counting. <Amended by Act No. 4739, Mar. 16, 1994; Act No. 7681, Aug. 4, 2005> |
| (13) | Where a Si/Gun/Gu election commission establishes two or more ballot-counting places under Article 173 (2) of Act on the Election of Public Officials and the Prevention of Election Malpractices, the Si/Gun/Gu election commission shall appoint up to three persons who have been recommended for each ballot-counting place by each political party constituting a negotiation group in the National Assembly as of the beginning of an election to assist in the ballot-counting affairs of the said Si/Gun/Gu election commission. In this case, the provisions of Article 13 shall apply mutatis mutandis to the status guarantee for such party-recommended assistant members, and the service period, actual expense compensation, appointment procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Newly Inserted by Act No. 4739, Mar. 16, 1994; Act No. 6265, Feb. 16, 2000> |
| (1) | Each election commission shall have a chairperson. |
| (2) | The chairperson of each election commission shall be elected from among the members of the election commission concerned. |
| (3) | The chairperson shall represent the commission and exercise overall control of its affairs. |
| (4) | Each Si/Gun/Gu election commission and Eup/Myeon/Dong election commission shall have a vice chairperson, who shall be elected by and from among the members of each commission: Provided, That a Si/Gun/Gu election commission may, notwithstanding the prescribed number of members under Article 4 (3), appoint a judge who is recommended for each ballot-counting place by the head of a district court or its branch court as a vice chairperson of the said Si/Gun/Gu election commission, for the management of an election in a case where one Si/Gun/Gu election commission has established two or more ballot-counting places under Article 173 (2) of the Public Official Election Act. In such cases, the service period, actual expense compensation, appointment procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (5) | If the chairperson is absent due to any accident, the standing member or the vice chairperson shall act on his/her behalf, and if the chairperson, standing member and vice chairperson are all absent due to any accident, an acting chairperson shall be elected from among the members to act on behalf of the chairperson. |
| Article 6 (Standing Member) |
| (1) | The National Election Commission and each City/Do election commission shall each have one standing member, who shall assist the chairperson and supervise the affairs of the Secretariat under the jurisdiction of the relevant commission by order from the chairperson. <Amended by Act No. 4496, Nov. 11, 1992; Act No. 9972, Jan. 25, 2010> |
| (2) | Any standing member of the National Election Commission shall be elected by and from among its members. |
| (3) | Any standing member of a City/Do election commission shall be nominated by the National Election Commission from among the members of the commission concerned who fall under any of the following subparagraphs and who have appropriate knowledge of and experience in elections and affairs of political parties, and he/she may serve as a standing member up until the age of 60: <Amended by Act No. 5625, Dec. 31, 1998> |
| 1. | A person who has served as a judge, public prosecutor, or attorney-at-law for five or more years; |
| 2. | A person who has served as an associate professor or higher in the fields of public administration, political science, or the science of law at a college or university for five or more years; |
| 3. | A person who has served as a public official of Grade III or higher for two or more years. |
| Article 7 (Full-Time Service of Party-Recommended Members) |
Any party-recommended member of a Si/Gun/Gu election commission may serve full-time from the beginning of an election period or the pronouncement of a referendum to the completion of ballot-counting. <Amended by Act No. 4739, Mar. 16, 1994>
| Article 8 (Members’ Term of Office) |
The term of office for members of each election commission shall be six years: Provided, That the term of office of the members of each Si/Gun/Gu election commission shall be three years, which may be renewed only once. <Amended by Act No. 13756, Jan. 15, 2016>
| Article 9 (Grounds for Dismissal of Members) |
A member of each election commission shall not be dismissed, de-commissioned, or removed unless he/she falls under any of the following cases: <Amended by Act No. 4088, Mar. 25, 1989; Act No. 5454, Dec. 13, 1997>
| 1. | Where he/she joins a political party or is involved in politics; |
| 2. | Where he/she is released from his/her office by impeachment; |
| 3. | Where he/she is sentenced to imprisonment without labor or greater punishment; |
| 4. | Where he/she, as a party-recommended member, is demanded by the political party, which has recommended him/her, is no longer able to constitute a negotiation group in the National Assembly, or he/she is found to have no right to vote for a member of the National Assembly; |
| Article 10 (Commission’s Quorum) |
| (1) | A meeting of each election commission shall be commenced with the present of a majority of the members of the meeting, and any resolution thereof shall require the concurring votes of a majority of the members present. |
| (2) | The chairperson shall have a vote and, in the event of a tie, have a casting vote. |
| Article 11 (Convocation of Meetings) |
| (1) | A meeting of each election commission shall be convened by the chairperson: Provided, That when requested by a third or more of its members, the chairperson shall convene a meeting, and if the chairperson refuses to do so, a third or more of the members who has made the request may convene a meeting on their own. |
| (2) | With respect to the convocation of the first meeting of the commission newly formed due to an amendment of the Acts and subordinate statutes, or the expiration of a member’s term of office, the Secretary General, Chief of the Secretariat, the director of the executive office, the section chief, and the commissioned secretary shall each act on behalf of each relevant chairperson with regard to his/her affairs. <Amended by Act No. 9972, Jan. 25, 2010> |
| (3) | Where both the chairperson and vice chairperson of a Si/Gun/Gu election commission or an Eup/Myeon/Dong election commission are absent due to a vacancy or an accident, the director of the executive office, the section chief, or the commissioned secretary shall convene a meeting as proxy to elect a chairperson, vice-chairperson, or acting chairperson by and from among the members. <Amended by Act No. 4496, Nov. 11, 1992; Act No. 7681, Aug. 4, 2005> |
| Article 12 (Treatment of Members) |
| (1) | The office of members of each election commission, other than the standing members, shall be honorary: Provided, That they may be reimbursed daily allowances, travel expenses, and compensation for other actual expenses. |
| (2) | A standing member of the National Election Commission shall be in political service and receive the same remuneration as a member of the State Council, and a standing member of a City/Do election commission who is a public official of Grade I in general service shall be a public official in a fixed term position under Article 26-5 of the State Public Officials Act. <Amended by Act No. 6622, Jan. 19, 2002; Act No. 13756, Jan. 15, 2016> |
| (3) | Matters necessary for daily allowances, travel expenses, and compensation for other actual expenses for the members and commissioned members of each election commission shall be prescribed by the National Election Commission Regulations. |
| Article 13 (Status Guarantee for Members) |
No member of each election commission shall be arrested or detained unless he/she is a flagrant offender, and he shall be granted a deferment of the call for military service during the period from the base date for preparing the electoral register or the pronouncement of a referendum to the completion of ballot-counting, unless he/she commits a crime related to internal rebellion, foreign invasion, diplomatic relations, explosives, arson, narcotics, currency, securities, stamps, seals, murder, battery, arrest, detention, theft, robbery, or violation of the National Security Act. <Amended by Act No. 4739, Mar. 16, 1994>
| Article 14 (Guidance of Elections) |
| (1) | Each election commission shall provide regular guidance to the electorate to enhance their sense of sovereignty. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | When an election or referendum is held, each election commission shall provide the guidance regarding the voting method, the prevention of abstention from voting, and other relevant matters through documents, books, pictures, facilities, newspapers, broadcasting, etc., under its supervision. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The National Election Commission may entrust an organization deemed appropriate with regular guidance as provided for in paragraph (1). |
| Article 14-2 (Suspension, Warning, etc. for Violations of Election Laws) |
Where a member or staff of each election commission discovers a violation of an election law in the course of performing his/her duties, he/she shall halt the violation, issue a warning or corrective order, and may request a competent investigation authority to launch an investigation or file a criminal charge if such violation is deemed significantly detrimental to the impartiality of an election or an order of suspension, warning, or correction is not complied with.
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
| Article 15 (Executive Organs and Other Relevant Matters) |
| (1) | The Secretariat shall be established under the National Election Commission. |
| (2) | The Secretariat shall have a Secretary General and a Deputy Secretary General. |
| (3) | The Secretary General shall be in charge of the affairs of the Secretariat under the leadership of the chairperson, and direct and oversee public officials under his/her jurisdiction. |
| (4) | The Secretary General shall be appointed as a public official in political service, and shall receive the same remuneration as a member of the State Council. <Amended by Act No. 4496, Nov. 11, 1992> |
| (5) | The Deputy Secretary General shall assist the Secretary-General, and shall act on his/her behalf where he/she is absent due to an accident. |
| (6) | The Deputy Secretary General shall be appointed as a public official in political service, and shall receive the same remuneration as a vice minister. <Amended by Act No. 4496, Nov. 11, 1992> |
| (7) | The Secretariat shall have offices, departments, and divisions, which shall respectively have chief officers, department heads, and division heads: Provided, That a chief officer and department head may be named otherwise, such as the headquarters’ head, the group’s head, the bureau’s head, the team’s head, etc. (hereinafter referred to as the "headquarters’ head, etc.") as prescribed by the National election Commission Regulations. In this case, the headquarters’s head, etc. whose title has been otherwise provided shall be deemed to be the chief officer or the head of a department in the application of this Act. <Amended by Act No. 7574, May 31, 2005> |
| (8) | A staff agency may be placed under the Secretary General, the Deputy Secretary General, a chief officer, or the head of a department to assist in policy planning, drafting of plans, research, investigation, review, evaluation, publication relations, etc. <Amended by Act No. 7574, May 31, 2005> |
| (9) | A chief officer shall be appointed as a Grade I state public official in general service, the head of a department as a Grade II or III state public official in general service, a staff agency as any of Grade II through IV state public officials in general service, and the head of a division as a Grade III or IV state public official in general service: Provided, That one of the staff agencies may be appointed as a state public official in extraordinary civil service who hold a rank equivalent to Grade III or IV. <Newly Inserted by Act No. 7574, May 31, 2005> |
| (10) | A City/Do election commission shall have a secretariat and necessary divisions, and the director general of secretariat shall be appointed as a Grade II or III state public official in general service, and a division chief as a Grade IV or V state public official in general service. <Amended by Act No. 9972, Jan. 25, 2010> |
| (11) | A Si/Gun/Gu election commission shall have an executive bureau and sections, and the director of the executive bureau shall be appointed as a Grade IV state public official in general service, and the chief of a section as a Grade IV or V state public official in general service. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4496, Nov. 11, 1992> |
| (12) | The appointment and dismissal of a Grade V or higher-ranked public official shall be decided by the National Election Commission and enforced by the Chairperson of the National Election Commission, and the appointment and dismissal of a Grade VI or lower-ranked public official shall be enforced by the Secretary General. <Amended by Act No. 11530, Dec. 11, 2012> |
| (13) | The organizations to be established under each election commission, scope of their duties, the prescribed number of public officials, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7574, May 31, 2005> |
| (14) | Unless otherwise expressly prescribed in this Act, the provisions concerning public officials belonging to the Executive under the State Public Officials Act shall apply to the public officials belonging to each election commission. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005> |
| (15) | Where deemed necessary for performing the affairs concerning an election and referendum, each election commission may request a government agency or local government to dispatch its officials for assistance. <Newly Inserted by Act No. 4224, Apr. 7, 1990> |
| (16) | The chairperson of each election commission may commission a few persons each as secretaries, clerks and election affair assistants, from among the public officials in charge of election affairs after consultation with the heads of the administrative agencies to which they belong. |
| (17) | The director general of secretariat as provided for in paragraph (10), the director of the executive bureau or the chief of a section as provided for in paragraph (11), and the commissioned secretaries as provided for in paragraph (16) shall be in charge of the affairs under his/her control and shall direct and oversee the subordinate staff and personnel as ordered by the chairperson concerned. <Amended by Act No. 4224, Apr. 7, 1990; Act No. 4496, Nov. 11, 1992; Act No. 7681, Aug. 4, 2005; Act No. 9972, Jan. 25, 2010> |
| Article 15-2 (Election Training Institute) |
| (1) | The Election Training Institute may be established under the Secretariat for the purpose of teaching public officials about elections and political party affairs, and training persons related to elections or political parties. |
| (2) | The Election Training Institute shall have a president, who shall be appointed as a Grade II or III state public official in general service. |
| (3) | Matters necessary for the organization and operation of the Election Training Institute shall be prescribed by the National Election Commission Regulations. |
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
| Article 15-3 (Hiring, etc. of Public Officials) |
| (1) | Examination for hiring, promoting, or other purposes shall be conducted for public officials belonging to an election commission by the Secretary General under the State Public Official Act, but such examinations may be totally or partially entrusted to the Minister of Personnel Management. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005; Act No. 12844, Nov. 19, 2014> |
| (2) | Where a public official belonging to the National Assembly, the Court, or the Executive is to be appointed based upon his/her transfer to an election commission, he/she shall pass a required examination: Provided, That if the qualification requirements for appointment or the minimum service years required for promotion, and examination subjects are the same for a corresponding position, he/she may be completely or partially exempted from such examination. |
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
| Article 16 (Instructions and Requests for Cooperation concerning Election Affairs, etc.) |
| (1) | Each election commission may give the relevant administrative agency instructions on election and referendum affairs, such as preparing an electoral register. |
| (2) | Where personnel or equipment is needed, each election commission may issue an instruction or request for cooperation to an administrative agency, and a request for cooperation to a public organization and a bank as provided for in Article 2 of the Banking Act (limited to the cases where a person is commissioned to serve as a ballot counter). <Amended by Act No. 4496, Nov. 11, 1992; Act No. 5499, Jan. 13, 1998; Act No. 7681, Aug. 4, 2005; Act No. 10303, May 17, 2010> |
| (3) | An administrative agency or public organization, in receipt of an instruction or request for cooperation as provided for in paragraphs (1) and (2), shall preferentially comply therewith. <Amended by Act No. 4496, Nov. 11, 1992> |
| Article 17 (Expression of Opinion on Acts and Subordinate Statutes) |
| (1) | An administrative agency, which intends to enact, amend, or repeal any Act or subordinate statute relating to an election (including an entrusted one; hereinafter, the same shall apply in this Article), referendum and political party, shall send the a bill in question to the National Election Commission in advance and ask for its opinion thereon. <Amended by Act No. 4496, Nov. 11, 1992> |
| (2) | The National Election Commission may submit its opinion in writing to the National Assembly, if it deems it necessary to enact or amend any of the following Acts: <Newly Inserted by Act No. 4496, Nov. 11, 1992; Act No. 13756, Jan. 15, 2016> |
| 1. | Acts relating to election, referendum, or political party; |
| 2. | Acts relating to resident referendum and recall of elected officials. In such cases, its opinion shall be limited to the scope of management by election commissions. |
| Article 18 (Expenses of National Election Commission) |
| (1) | The expenses of the National Election Commission shall be independently appropriated in the national budget. |
| (2) | The expenses provided for in paragraph (1) shall include reserve funds. |
| (3) | The reserve fund of the National Election Commission shall be disbursed by resolution of the Commission. |
[This Article Newly Inserted by Act No. 4224, Apr. 7, 1990]
| Article 19 (Bearing Expenses) |
| (1) | The following expenses required to perform the duties of an election commission shall be borne by the State, and disbursed to the National Election Commission so that the Commission experiences no difficulty in conducting its affairs: <Amended by Act No. 4739, Mar. 16, 1994> |
| 1. | Expenses incurred in operating of the election commission and performing research on elections, referenda, political parties, and political funds system; |
| 2. | Expenses incurred in preparing and holding a referendum, sorting out the results thereof, providing required guidance, promoting and monitoring a referendum; |
| 3. | Expenses incurred in a lawsuit associated with a referendum and expenses to be borne as a result of the lawsuit; |
| 4. | Expenses incurred in performing affairs concerning political parties and support therefor; |
| 5. | Expenses incurred in providing training and education on fair elections. |
| (2) | and (3) Deleted. <by Act No. 12756, Jun. 11, 2014> |
| Article 19-2 (Payment of Special Bounties) |
| (1) | A special bounty may be paid to public officials belonging to an election commission and dispatched or commissioned officials within budgetary limits during various elections and referenda (including a preparatory period). |
| (2) | The special bounty to be paid under paragraph (1) shall be borne by the State in the case of an election or referendum held by the State, and by the relevant local government in the case of an election held by a local government: Provided, That the special bounty for public officials belonging to an election commission superior to the one having jurisdiction over the area under the control of a local government shall be borne by the State. |
| (3) | The special bounty as provided for in paragraphs (1) and (2) shall be paid between three months before the beginning of the period in which an election can be held and one month after the election, and the matters necessary for the object, period, amount, etc. of payment by election type shall be prescribed by the National Election Commission Regulations. |
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
| Article 20 (Enforcement Regulations) |
Matters necessary for the enforcement of this Act shall be prescribed by the National Election Commission Regulations.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 8 shall enter into force on February 25, 1988. |
| (2) | (Transitional Measures concerning Election Commissions) An election district election commission existing, at the time this Act enters into force, shall be the Si/Gun/Gu election commission having jurisdiction over the seat concerned pursuant to the provisions of this Act, and shall be regarded as the Si/Gun/Gu election commission that is to carry out the election affairs for the district constituency for the National Assembly members as provided for in Article 2 (6). |
| (3) | (Transitional Measures concerning Members) The members of each election commission, at the time this Act enters into force, shall be deemed commissioned as prescribed by this Act, but the term of their offices shall be subject to the previous provisions; and the same shall apply to the term of office for those members who are commissioned until February 24, 1988 after this Act enters into force: Provided, That of those members of a City/Do election commission, election district election commission, and Si/Gun/Gu election commission at the time this Act enters into force, a member who is commissioned upon recommendation of or recommended by the fourth and succeeding political parties, at the time this Act enters into force, shall be deemed decommissioned on the fifth day from the date this Act is promulgated, and of the three largest political parties at the time this Act enters into force, the one which has no party-recommended member shall recommend a succeeding member without delay. |
| (4) | (Recommission of Voting Precinct Election Commission Members) The members of a voting precinct election commission shall be recommissioned, without delay, after this Act enters into force, and the members of the voting precinct election commission, at the time this Act enters into force, shall be deemed decommissioned on the day when a majority of the members of the voting precinct election commission are commissioned as prescribed by this Act. |
| (5) | (Transitional Measures concerning the Enforcement Decree and Others) The Presidential Decree enacted for the implementation of the Election Commission Act, at the time this Act enters into force, shall be valid until the National Election Commission Regulation are enacted under this Act. |
| (6) | (Relationship to Other Acts and Subordinate Statutes) An election district election commission cited by other Act or subordinate statute, as at the time this Act enters into force, shall be deemed the Si/Gun/Gu election commission concerned which attends to the election affairs for the district constituency for the National Assembly members as prescribed by this Act. |
ADDENDUM <Act No. 4088, Mar. 25, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 4224, Apr. 7, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4496, Nov. 11, 1992>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The affairs of a clerical organ, the system for their division of work and its prescribed number at the time when this Act enters into force shall be governed by the previous provisions until the regulations are enacted and enforced as prescribed by this Act. |
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.
ADDENDA <Act No. 4949, May 10, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 5052, Dec. 29, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5499, Jan. 13, 1998>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on April 1, 1998. (Proviso Omitted.) |
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 5625, Dec. 31, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6265, Feb. 16, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but the amended provisions related to the Broadcasting Act, such as Article 82 (1), shall enter into force on the enforcement date of the Broadcasting Act (No. 6139). [Enforcement Date of the Broadcasting Act (No. 6139) promulgated on Jan. 12, 2000: Mar. 13, 2000]
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6622, Jan. 19, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7190, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 7574, May 31, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 7614, Jul. 28, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 7681, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 12 Omitted.
ADDENDA <Act No. 9577, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 9972, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11530, Dec. 11, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12756, Jun. 11, 2014>
This Act shall enter into force on August 1, 2014.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13756, Jan. 15, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Term of Office of Members of Gu/Si/Gun Election Commissions)
Notwithstanding the amended provisions of Article 8, the term of office of members of Si/Gun/Gu election commissions as at the time this Act enters into force shall end on the expiry date under the previous provisions. Article 3 (Transitional Measures concerning Appointment of Standing Members of City/Do Election Commissions as Public Officials in Fixed Term Position)
A public official in extraordinary civil service who is serving as a standing member of a City/Do election commission under the previous provisions, as at the time this Act enters into force, shall be deemed appointed as a public official in a fixed term position under Article 26-5 of the State Public Officials Act on the enforcement date of this Act. In such cases, the term of office of such official shall be the remainder of his/her designation period as a standing member.