ENFORCEMENT DECREE OF THE REFERENDUM ACT
Wholly Amended by Presidential Decree No. 12654, Mar. 25, 1989
Amended by Presidential Decree No. 14486, Dec. 31, 1994
Presidential Decree No. 21451, Apr. 30, 2009
Presidential Decree No. 26962, Feb. 11, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Referendum Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 21451, Apr. 30, 2009>
CHAPTER II DISTRICTS FOR REFERENDUM
| Article 2 (Publication of Voting Districts) |
The head of each Gu, Si and Gun shall publicly announce voting districts within his/her jurisdiction by using attached Form No. 1 within five days from the date on which the referendum day is publicly announced.
| Article 3 (Basic Documents for Preparation of Pollbooks) |
| Article 4 (Exceptions to Basic Documents for Preparation of Pollbooks) |
When a person is unable to be listed in the pollbook based on the resident registration card or domestic residence registration card due to natural disasters or other unavoidable causes equivalent thereto, he/she may be listed in the pollbook by the guarantee of the head of the Dong or Ri where the said voter lives and at least two voters living in such Dong or Ri. <Amended by Presidential Decree No. 21451, Apr. 30, 2009>
| Article 5 (Forms for Pollbooks) |
Attached Form Nos. 2 through 5 shall be used for pollbooks and reported absentee rolls.
| Article 6 (Absentee Report Forms) |
[This Article Wholly Amended by Presidential Decree No. 21451, Apr. 30, 2009]
| Article 7 (Receiving Written Absentee Reports) |
| (1) | Where the head of a Gu (including the heads of autonomous Gus, and limited to Dongs in cases of Sis in which urban and rural characteristics are mixed), Si (referring to the heads of Sis in which Gus are not established, and limited to Dongs in cases of Sis in which urban and rural characteristics are mixed), Eup or Myeon (hereinafter referred to as the "head of a Gu/Si/Eup/Myeon") receives a written absentee report, he/she shall list it in attached Form No. 7 which is a written absentee report register, and if the reported absentee is listed in the pollbook and complies with the requirements for reporting, list such absentee in the reported absentee roll and if not, specify the grounds therefor in the remarks column of the written absentee report register and notify the person in question of the purport thereof immediately. <Amended by Act No. 14486, Dec. 31, 1994> |
| (2) | Where a person is listed in the reported absentee roll pursuant to paragraph (1), "absentee" shall be written in the remarks column of the relevant person of the pollbook and the signature of the head of the Gu/Si/Eup/Myeon shall be affixed thereto. |
| Article 8 (Preparation of Pollbooks) |
The head of each Gu/Si/Eup/Myeon shall prepare pollbooks in quadruplicate and reported absentees rolls in duplicate for each voting district.
| Article 9 (Forms for Notification of Appointment and Dismissal of Public Officials, etc. Preparing Pollbooks) |
Attached Form No. 8 shall be used for the notification of appointment and dismissal of the heads of Gus/Sis/Eups/Myeons, and public officials engaging in the preparation of pollbooks, which is prescribed in Article 15 (2) of the Act.
| Article 10 (Reporting Seal Images to Be Affixed to Pollbooks) |
The head of each Gu/Si/Eup/Myeon shall use attached Form No. 9 to report his/her seal image to be affixed to the pollbook (including reported absentee rolls) to the competent Gu/Si/Gun election management commission within three days from the date on which the referendum day is published.
| Article 11 (Reading Pollbooks) |
| (1) | When the head of a Gu/Si/Eup/Myeon allows the reading of the pollbook pursuant to Article 16 (1) of the Act, the relevant public officials shall participate therein. |
| (2) | The head of each Dong/Ri may encourage the voters under his/her jurisdiction to inspect the pollbook. |
| Article 12 (Hours, Places, etc. of Reading Pollbooks) |
| (1) | Reading and inspecting pollbooks shall begin at nine o'clock in the morning and end at five o'clock in the afternoon everyday, excluding holidays. |
| (2) | Attached Form No. 10 shall be used to publicly announce the places and hours of reading and inspecting pollbooks. |
| Article 13 (Correction of Pollbooks) |
| (1) | No list in the pollbook shall be corrected after the lapse of the period of preparing the pollbook unless it falls under paragraphs (2) through (4). |
| (2) | When any correction is made to a list of the pollbook pursuant to Article 17 (2) or 18 (2) of the Act, the grounds therefor and the year/month/date thereof shall be written in the remarks column, and the head of the Gu/Si/Eup/Myeon shall affix his/her signature thereto. |
| (3) | When the name of a person listed in the pollbook is found to be misspelled or a person listed in the pollbook is found to be ineligible or deceased, after the period of reading the pollbook lapses but before the pollbook is declared final and conclusive, corrections shall be made, and the grounds therefor and the year/month/date thereof shall be written in the remarks column and the signature of the head of the Gu/Si/Eup/Myeon shall be affixed thereto, on condition that ineligible voters or deceased persons shall be erased. |
| (4) | Where the name of a person listed in the pollbook is found to be misspelled or a person listed in the pollbook is found to be ineligible or deceased after the pollbook is declared final and conclusive, such fact shall be written in the remarks column of the pollbook. |
| (5) | When a pollbook is corrected pursuant to paragraphs (2) through (4), such corrections shall be notified to the competent Gu/Si/Gun election management commission and to the voting district election management commission by using attached Form No. 11 after the pollbook is declared final and conclusive. |
| Article 14 (Notification of State of Preparation and Final and Conclusive Declaration of Pollbooks) |
| (1) | The head of each Gu/Si/Eup/Myeon shall notify the competent Gu/Si/Gun election management commission of the state of preparation of the pollbook and the state of final and conclusive declaration of the pollbook and reported absentee roll without delay by using attached Form Nos. 12 through 14. In such cases, he/she shall, if there is no Gu/Si/Gun election management commission having jurisdiction over the Gu/Si/Eup/Myeon, notify such fact to the election management commission of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province having jurisdiction over the Gu/Si/Eup/Myeon (hereinafter referred to as "City/Do election management commission"). |
| (2) | A Gu/Si/Gun election management commission notified pursuant to paragraph (1) shall report to the competent City/Do election management commission, and the City/Do election management commission to the National Election Commission, respectively. |
[This Article Wholly Amended by Presidential Decree No. 26962, Feb. 11, 2016]
| Article 15 (Sending Written Absentee Reports) |
The head of each Gu/Si/Eup/Myeon shall organize written absentee reports of persons listed in the reported absentee roll in the order of listing in the roll and send them to the competent Gu/Si/Gun election management commission immediately after the roll is declared final and conclusive.
| Article 16 (Sending Pollbooks) |
After the pollbook is declared final and conclusive, the head of each Gu/Si/Eup/Myeon shall send one copy of the pollbook to the relevant voting district election management commission immediately.
| Article 17 (Repreparation of Pollbooks) |
| (1) | When the head of a Gu/Si/Eup/Myeon re-prepares the pollbook or reported absentees roll pursuant to the main sentence of Article 20 (1) of the Act, Articles 14 through 19 of the Act shall apply mutatis mutandis thereto, and, where any unavoidable circumstances exist, matters necessary for re-preparation, such as the basic date of preparation, period of preparation, period of reading, place of reading, raising objections, making decisions on the examination of the objections, and declaring final and conclusive decisions, may be separately determined by undergoing resolutions of the Gu/Si/Gun election management commission having jurisdiction over the Gu/Si/Eup/Myeon. |
| (2) | Where a pollbook is re-prepared pursuant to the main sentence of Article 20 (1) of the Act due to the loss of the entire pollbook, the period of reading the pollbook shall be three days, and it shall be declared final and conclusive on the date on which three days elapse from the date on which reading the pollbook terminates. |
| (3) | Where matters necessary for the repreparation of pollbooks are separately determined pursuant to paragraph (1), such matters shall be publicly notified. |
| Article 18 (Preparation, Requests for issuance, etc. of Copies of Pollbooks) |
| (1) | A request to issue a copy of the pollbook (including reported absentee rolls: hereafter the same shall apply in this Article) prescribed in Article 21 (2) of the Act shall be made by using attached Form No. 15, on condition that the cost incurred in preparing the copy of the pollbook shall be paid at the time of making such request: Provided, That the cost incurred in preparing copies of reported absentee rolls shall be paid at the time of issuing such copies. |
| (2) | The head of each Gu/Si/Eup/Myeon shall determine the cost incurred in preparing copies of the pollbook on the date following the date on which the preparation of the pollbook terminates and publicly announce such cost by using attached Form No. 16. |
| (3) | Where the head of a Gu/Si/Eup/Myeon prepares a copy of the pollbook pursuant to Article 21 (1) of the Act, he/she shall certify that it is the same as the original at the bottom of the copy in accordance with attached Form No. 17. |
| (4) | Even when a pollbook is reprepared pursuant to Article 20 (1) of the Act, copies of the pollbook shall be issued: Provided, That where it is not possible to issue a copy of the pollbook due to unavoidable causes, the cost incurred in preparing the copy, which has been paid, shall be returned within ten days from the voting day. |
CHAPTER IV POSTING, ETC. OF REFERENDUM PROPOSALS
| Article 19 (Posting Referendum Proposals) |
A referendum proposal prescribed in Article 22 of the Act shall be posted within five days from the date on which the referendum day is publicly announced.
| Article 20 (Publication of Official Gazettes for Referendum) |
Each Gu/Si/Gun election management commission shall send the official gazette for referendum prescribed in Article 23 of the Act twice: Provided, That it shall send such official gazette to the voters listed in the reported absentee roll once.
CHAPTER V CAMPAIGNING FOR REFERENDUM
| Article 21 (Making Speeches by Using Broadcasting Facilities) |
| (1) | When a political party forming a floor negotiation group in the National Assembly (hereinafter referred to as "political party") intends to make a speech through television or radio broadcasting facilities (hereinafter referred to as "broadcasting facilities') by nominating a speech-maker pursuant to Article 30 (1) of the Act, it shall use the broadcasting facilities designated by the National Election Commission. |
| (2) | Where there are not less than three political parties submitting written requests to make a speech through broadcasting facilities in favor and in opposition pursuant to Article 30 (4) of the Act, respectively, three political parties to use broadcasting facilities shall be determined in the order of the requests received earlier and each political party shall use broadcasting facilities once: Provided, That where there are requests received in the same order, political parties to use broadcasting facilities shall be determined in the order starting with the party with largest number of seats in the National Assembly as of the date on which the referendum day is publicly announced, and in cases of the same order of requests received and the same number of seats in the National Assembly, political parties to use broadcasting facilities shall be determined in the order of a majority of votes obtained in the most recent general election. |
| (3) | Where there are three political parties submitting a written request to make a speech by using broadcasting facilities in favor and in opposition pursuant to Article 30 (4) of the Act, respectively, each of them shall use broadcasting facilities once, notwithstanding the number of times they request to make a speech by using broadcasting facilities. |
| (4) | Where there are two political parties submitting a written request to make a speech in favor and in opposition pursuant to Article 30 (4) of the Act, respectively, and the total number of times they request to make a speech exceeds three times, each of them shall use broadcasting facilities once and the remaining one time to use broadcasting facilities shall be given to the political party whose request was received earlier: Provided, That the proviso to paragraph (2) shall apply mutatis mutandis to requests received in the same order. |
| (5) | Where there is an overlap in the time of using broadcasting facilities prescribed in Article 30 (5) of the Act, the time, date and order thereof shall be adjusted in the order of requests received earlier: Provided, That the proviso to paragraph (2) shall apply mutatis mutandis to requests received in the same order. |
| Article 22 (Interviews and Debates Using Broadcasting Facilities) |
| (1) | When a person operating broadcasting facilities intends to hold an interview or debate (hereinafter referred to as "debate, etc.") under his/her supervision pursuant to Article 31 (3) and (4) of the Act, he/she shall determine speech-makers to participate in the debate, etc. (hereafter referred to as "participant" in this Article) in consultation with the political parties that intend to participate in the debate, etc., and determine matters necessary for the proceeding of the debate, etc., such as the details and scope of debate, etc., and duration time of speaking and number of times of speaking by participant, in consultation with the participants. |
| (2) | Every person operating broadcasting facilities shall, when determining participants in debate, etc. pursuant to paragraph (1), make the numbers of participants in favor and in opposition equal. |
| (3) | Every person operating broadcasting facilities shall, when broadcasting or televising debate, etc. prescribed in paragraph (1), be impartial in terms of duration time of broadcasting or televising, details of questions to participants, etc., and proceed with broadcasting or televising in a way that prevents participants from making false statements or slandering specific political parties or specific persons. |
| Article 23 (Speech Meetings) |
| (1) | Every report to hold a speech meeting prescribed in Article 32 (3) of the Act shall be filed in writing, including the organizer, place, date and time, duration time required, as well as the name, age, gender and occupation of speech-makers. |
| (2) | In cases of paragraph (1), when intending to hold a speech meeting at facilities other than the public facilities prescribed in Article 33 (1) of the Act, a written approval of the manager of the facility shall be attached. |
| (3) | The National Election Commission shall determine necessary matters, such as forms for reporting speech meetings. |
Every poster to provide information on speech meetings prescribed in Article 32 (8) of the Act shall be put up on an unmovable and fixed structure.
| Article 25 (Use of Public Facilities, etc.) |
| (1) | Public facilities, etc. prescribed in Article 33 (1) 2 of the Act shall be rivers, levees, state and public-owned forests and fields, and state and public-owned abandoned land. |
| (2) | When a political party intends to use public facilities, etc. as a place for speech meetings pursuant to Article 33 (1) of the Act, it shall obtain permission by submitting a written request for permission including the name and place of the public facilities, etc. to be used, date and time of use, and duration time to the manager of the public facilities, etc. through the competent Gu/Si/Gun election management commission not later than the day preceding the day on which the speech meeting is held. |
| (3) | Class hours prescribed in Article 33 (2) of the Act shall begin at seven o'clock in the morning and end at four o'clock in the afternoon on weekdays and begin at seven o'clock in the morning and end at two o'clock in the afternoon on Saturdays. |
| Article 26 (Contents of Small-Sized Pamphlets) |
Small-sized pamphlets prescribed in Article 35 of the Act shall contain only the opinions in favor of and in opposition to the referendum proposal and shall not contain false information or matters to slander specific political parties or specific persons.
CHAPTER VI REFERENDUM DAY AND VOTING
| Article 27 (Voting Place Equipment) |
The chairperson of each voting district election management commission shall furnish chairs for the members of the election management commission and have places necessary for comparing pollbooks, issuing and marking on ballot papers, installing ballot boxes, witnessing voting, etc. in the voting place by the date preceding the voting day.
| Article 28 (Forms for Public Announcement, etc. of Voting) |
The National Election Commission shall determine forms for publicly announcing the names and locations of voting places prescribed in Article 51 (1) of the Act and forms for publicly announcing the names of voting assistants prescribed in Article 51 (7) of the Act.
| Article 29 (Receipt of Postal Votes) |
| (1) | Every Gu/Si/Gun election management commission shall put postal votes received by six o'clock in the afternoon of the voting day into the ballot box after indicating the date and time they are received in the relevant columns of the reported absentee roll. |
| (2) | Postal votes that arrive by the time the preparation of the ballotcounting record is completed after the deadline for voting shall be indicated in the ballotcounting record, being kept separately without being put into the ballot box. |
| Article 30 (Keeping Ballot Boxes for Postal Votes) |
Each Gu/Si/Gun election management commission shall keep ballot boxes for postal votes in the office of the Gu/Si/Gun election management commission by the maximum rate of one ballot box for 3,000 voters listed in the reported absentee roll, on condition that it shall lock the inner lids thereof after checking if there are abnormalities inside and outside the ballot boxes, and close, lock and seal the inner lids with all members present.
| Article 31 (Affixing Seals of Representatives of Political Parties, etc. to Ballot Papers) |
| (1) | Every Gu/Si/Gun election management commission shall have the seal images of representatives of political parties or of the chairperson of the Gu/Si/Gun election management commission who affix their seals to ballot papers pursuant to Article 54 (5) and (6) of the Act registered in the seal image register kept in the relevant election management commission just prior to the commencement of affixing seals on the very day of affixing seals (where at least two days are required for affixing seals, referring to the date on which affixing seals commences) in the presence of a majority of members of the relevant election management commission, as prescribed by National Election Commission Regulations, and when affixing seals to ballot papers, at least two members of the relevant election management commission shall check whether affixing seals is deleted and registered seals are affixed, and other conditions of affixing seals. |
| (2) | The chairperson of Gu/Si/Gun election management commission shall not bring the seals registered pursuant to paragraph (1) out of the place of affixing the seals until affixing the seals is completed as prescribed by the National Election Commission. |
| (3) | Where affixing seals is suspended for the day in the circumstance that it is continued on the following day due to failure to be completed in one day, the seal image register and registered seals shall be kept together at the relevant Gu/Si/Gun election management commission in a sealed condition, and affixing seals shall be resumed on the following day by taking off the seal and confirming that the seals are identical to those registered in the seal image register again in the presence of a majority of members of the relevant Gu/Si/Gun election management commission. |
| (4) | Every Gu/Si/Gun election management commission shall keep a seal affixture record and record the total number of ballot papers, the number of papers with seals affixed each day, the number of remaining papers, and other matters concerning the affixture of seals, as prescribed by the National Election Commission. |
| (5) | The chairperson of each Gu/Si/Gun election management commission shall keep the seal image register prescribed in paragraph (1) at the place of affixing seals until the affixture of seals is completed and keep it in a sealed condition when the affixture of seals is completed. |
| Article 32 (Forms for Public Announcement of Ballot Paper Models and Printing Offices) |
The National Election Commission shall determine forms for publicly announcing ballot paper models and ballot paper printing offices prescribed in Article 55 of the Act.
| Article 33 (Forms for Voting Notice Slips, etc.) |
Attached Form Nos. 18 through 21 shall be used for voting notice slips, receipts, voting notice slip delivery records prescribed in Article 56 of the Act.
| Article 34 (Voting Notice Slip Delivery Teams) |
Voting notice slips shall be delivered by voting district, on condition that the head of each Gu/Si/Eup/Myeon may, if necessary to complete delivery within the deadline, deliver them by organizing several voting notice slip delivery teams by voting district.
| Article 35 (Attending Voting Notice Slip Delivery) |
| (1) | When a political party intends to designate voting notice slip delivery witnesses prescribed in Article 56 (5) of the Act to have them attend the delivery, it shall confirm the number of voting notice slip delivery teams at the relevant Gu/Si/Eup/Myeon or at the voting district election management commission and report the names and addresses of the witnesses to the head of the relevant Gu/Si/Eup/Myeon and to the voting district election management commission by using attached Form No. 22 not later than two days before the date on which the pollbook is declared final and conclusive, and the voting notice slip delivery witnesses reported shall confirm the voting notice slip delivery schedule at the relevant Gu/Si/Eup/Myeon and voting district election management commission. |
| (2) | When there is no witness designated by political parties or there is a witness who fails to attend by the time designated, the head of the Gu/Si/Eup/Myeon and the voting district election management commission shall specify the grounds therefor in the voting notice slip delivery record, assuming that the right to attend is waived. |
| (3) | Every voting notice slip delivery witness may, when having an objection in the course of delivering voting notice slips, request the head of the relevant Gu/Si/Eup/Myeon or the voting district election management commission to make corrections, and the head of the Gu/Si/Eup/Myeon or the voting district election management commission requested to make the corrections shall make the corrections when recognizing such request is justifiable. |
| Article 36 (Proceeding with Voting Continuously) |
Where it takes time to verify identities prescribed in Article 57 (1) of the Act, the voting district election management commission shall proceed with the voting of other voters continuously even during the verification.
| Article 37 (Affixing Seals to Ballot Papers) |
| (1) | Every postal ballot paper shall have the signature of the chairperson of the Gu/Si/Gun election management commission in the column of the signature of the chairperson of the voting district election management commission. |
| (2) | The image of the signature of the chairperson of each voting district election management commission prescribed in Article 57 (2) of the Act shall be registered with the seal image register kept by the relevant election management commission in the presence of a majority of members of the relevant voting district election management commission just prior to the commencement of voting on the voting day, as prescribed by National Election Commission Regulations. |
| (3) | No voting district election management commission shall bring seals registered pursuant to paragraph (2) out of the voting place until the affixture of the seals is completed, as prescribed by the National Election Commission. |
| (4) | Every seal image register prescribed in paragraph (2) shall be kept at the place of affixing seals by the relevant voting district election management commission until the affixture of seals is completed, and shall be sent to the Gu/Si/Gun election management commission in a sealed condition along with ballot boxes, and the Gu/Si/Gun election management commission shall keep it in a sealed condition. |
| Article 38 (Affixing Seals of Political Party Members Recommended by Political Parties to Ballot Papers) |
| (1) | The political party members recommended by political parties shall affix their seals to ballot papers pursuant to the latter part of Article 57 (2) of the Act at the place the relevant voting district election management commission determines, on condition that even if all political party members fail to appear at the time the voting district election management commission determines to commence the affixture of seals, the political party member present shall commence the affixture of his/her seal, and where a political party member recommended by a political party appears after the affixture of seals begins, such member shall affix his/her seal to ballot papers, starting from the first ballot paper to which the other political party member have already affixed his/her seal. |
| (2) | When a political party member recommended by a political party fails to complete the affixture of his/her seal within the time the voting district election management commission determines, he/she shall continue to affix his/her seal before the time when voting begins, on condition that when he/she fails to complete the affixture of his/her seal by the time when voting begins, the chairperson of the voting district election management commission shall declare the termination of affixing the seal and specify the grounds for the failure in the completion of affixing the seal, the number and serial numbers of ballot papers to which the seal is not affixed in the voting record. The same shall also apply where there exists no political party member recommended by political parties, and where political party members recommended by political parties refuse to affix their seals without justifiable grounds or are unable or fails to affix their seals due to other causes. |
| (3) | Where a seal fails to be affixed pursuant to paragraph (2), voting shall proceed, leaving the column in which the political party member should have affixed his/her seal as a blank. |
| (4) | Every voting district election management commission shall have the images of the seals the political party members recommended by political parties affix to ballot papers registered with the seal image register kept at the relevant election management commission in the presence of a majority of members of the voting district election management commission just prior to the commencement of affixing the seals as prescribed by National Election Commission Regulations, and at least two members of the voting district election management commission who are not political party members recommended by political parties affixing their seals shall check if the affixture of seals is omitted and registered seals are affixed, and other conditions of affixing seals. |
| (5) | No chairperson of voting district election management commissions shall bring seals registered pursuant to paragraph (4) out of the place of affixing the seals until the affixture of the seals is completed, as prescribed by the National Election Commission. |
| (6) | Every seal image register prescribed in paragraph (4) shall be kept by the relevant voting district election management commission at the place of affixing seals until the affixture of seals is completed, and shall be sent to the Gu/Si/Gun election management commission in a sealed condition along with ballot boxes after being kept at the relevant voting district election management commission until voting is completed, and the Gu/Si/Gun election management commission shall keep it in a sealed condition. |
| Article 39 (Forwarding of Postal Ballot Papers) |
Every postal ballot paper shall be forwarded through the post office the National Election Commission designates based on the reported absentee roll.
| Article 40 (Specifications of Envelopes for Postal Voting) |
The specifications of envelopes for forwarding and returning postal ballot papers and matters to be indicated on the envelopes shall be determined by National Election Commission Regulations.
| Article 41 (Marking on Postal Ballot Papers) |
Every voter who receives a postal ballot paper shall make a mark on the ballot paper, put it into the inner envelope, seal it, put the inner envelope into the outer envelope, seal the outer envelope, and write his/her name in the designated space on the front side of the outer envelope.
| Article 42 (Treatment of Postal Voting) |
Postal voting shall be treated preferentially to other mail.
| Article 43 (Installation of Voting Booths for Postal Voting) |
| (1) | Voting booths shall be installed in institutions or facilities having at least one hundred persons who vote by mail, pursuant to Article 59 (5) of the Act: Provided, That if necessary, voting booths may be installed even in institutions or facilities having less than one hundred persons who vote by mail. |
| (2) | The head of each institution or facility prescribed in paragraph (1) shall install voting booths at places convenient to vote within barracks, naval vessels, hospitals, sanitariums, camps, prisons, or ships not later than nine days before the voting day, on condition that he/she may install voting booths at two separate places or more, depending on the circumstances of the institution or facility. |
| (3) | The head of each institution or facility shall, when installing voting booths prescribed in paragraph (2), post necessary matters, such as the location and year/month/day of installing the voting booths at a conspicuous place of the institution or facility, as prescribed by the National Election Commission. |
| (4) | The head of each institution or facility shall, when installing voting booths under Article 59 (5) of the Act, immediately notify such installation to the competent Gu/Si/Gun election management commission. |
| Article 44 (Monitoring Voting) |
Where a voting witness raises an objection against a voter in the middle of monitoring the voting, he/she shall request the correction thereof through the relevant voting district election management commission.
| Article 45 (Monitoring of Voting and Maintenance of Order) |
A voting witness shall neither ask questions directly to voters in the middle of monitoring the voting, hinder, interfere with or postpone the voting or administrative affairs concerning the voting, recommend to vote in favor or in opposition, nor conduct a deed affecting the voting by any other means.
| Article 46 (Reporting Voting Witnesses) |
| (2) | Forms for reports prescribed in paragraph (1) shall be prescribed by National Election Commission Regulations. |
CHAPTER VII BALLOT-COUNTING
| Article 47 (Ballot-Counting Equipment) |
The chairperson of each Gu/Si/Gun election management commission shall provide ballot-counting places with facilities necessary for receiving and opening ballot boxes, checking and calculating ballot papers, observation by ballot-counting witnesses, etc.
| Article 48 (Forms for Public Announcement of Ballot-Counting Places, etc.) |
Forms for publicly announcing ballot-counting places and names of staff members engaging in administrative affairs concerning ballot-counting under Article 73 (1) and (3) shall be prescribed by National Election Commission Regulations.
| Article 49 (Opening Ballot Boxes of Postal Ballot Papers) |
The chairperson of each Gu/Si/Gun election management commission shall, after opening ballot boxes of postal ballot papers, count the number of votes, compare it with the number of votes by the reported absentee roll, and publish the results thereof.
| Article 50 (Opening, Checking, etc. of Ballot Boxes) |
When the chairperson of each Gu/Si/Gun election management commission inspects the closed and sealed conditions of ballot boxes pursuant to the main sentence of Article 76 (1) of the Act, he/she shall announce such conditions; when the said chairperson completes comparison prescribed in Article 76 (2) of the Act, he/she shall announce the results thereof; and when a decision is made under Article 79 of the Act, he/she shall announce the details thereof whenever such occasion occurs.
| Article 51 (Publication of Voting Results) |
| Article 52 (Witnessing Ballot-Counting) |
Where a ballot-counting witness raises an objection to ballot counting in the middle of witnessing ballot-counting, he/she shall request the correction thereof through the relevant Gu/Si/Gun election management commission.
| Article 53 (Reports on Ballot-Counting Witnesses) |
| (2) | Forms for reports prescribed in paragraph (1) shall be prescribed by National Election Commission Regulations. |
ADDENDUM
This Decree shall enter into force on the date of promulgation.
ADDENDUM <Presidential Decree No. 14486, Dec. 31, 1994>
This Decree shall enter into force on January 1, 1995.
ADDENDUM <Presidential Decree No. 21451, Apr. 30, 2009>
This Decree shall enter into force on the date of promulgation.
ADDENDUM <Presidential Decree No. 26962, Feb. 11, 2016>
This Decree shall enter into force on the date of promulgation.