RESIDENTS' VOTING ACT
Act No. 7124, Jan. 29, 2004
Amended by Act No. 8423, May 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9468, Feb. 12, 2009
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14192, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 16883, Jan. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning objects, proposers, requirements for proposal, procedures for residents' voting under Article 14 of the Local Autonomy Act to ensure a direct participation of residents in making primary decisions of local governments, thereby enhancing democracy in and accountability of administration of local autonomy and promoting welfare of residents. <Amended by Act No. 8423, May 11, 2007>
| Article 2 (Guarantee of Residents' Voting Right) |
| (1) | The State and local governments shall take necessary measures so that resident voters may exercise their voting right. |
| (2) | The State or local governments shall take necessary measures, such as offering relevant information in foreign languages as well as in Korean, so that overseas Koreans or foreigners who are given voting right may participate in the residents' poll pursuant to Article 5 (1). <Newly Inserted by Act No. 9468, Feb. 12, 2009> |
| (3) | Time required for public officials, students or those employed by others to read a pollbook or cast a ballot shall be guaranteed, and shall not be deemed a holiday or leave. <Amended by Act No. 9468, Feb. 12, 2009> |
| Article 3 (Administration of Affairs of Residents' Voting) |
| (1) | Except as otherwise provided for in this Act, the affairs of residents' voting of a Special Metropolitan City, Metropolitan City/Do shall be managed by a Special Metropolitan City/Metropolitan City/Do Election Commission, and the affairs of residents' voting of an autonomous Gu/Si/Gun shall managed by a Gu/Si/Gun Election Commission, respectively. |
| (2) | Where an administrative agency or other public agencies receive a request for cooperation on the affairs of residents' voting from a residents' voting administration office, it shall take priority in complying with such request. |
| Article 4 (Offering of Information) |
| (1) | The head of a local government shall offer various information and materials concerning residents' voting through diverse means, such as an official gazette of a local government, daily newspapers, the Internet, etc. so that residents may make a correct and objective judgment and reasonable decision in connection with residents' voting. |
| (2) | An election commission (hereinafter referred to as the "competent election commission") under Article 3 (1) shall hold a briefing session, debate, etc. in order to offer information on residents' poll. |
| (3) | When the competent election commission hold a briefing session, debate, etc. under paragraph (2), it shall arrange that those who have different opinions on matters referred to residents' poll may participate equally. |
| Article 5 (Residents' Voting Rights) |
| (1) | Residents over 19 years old and who fall under any of the following subparagraphs as of the base date of preparation of a pollbook pursuant to Article 6 (1) shall have the residents' voting right: Provided, That those who have no suffrage pursuant to Article 18 of the Public Official Election Act have no residents' voting right: <Amended by Act No. 9468, Feb. 12, 2009, Act No. 14192, May 29, 2016> |
| 1. | A person who has resident registration in a district over which the local government has jurisdiction; |
| 2. | A foreigner who is qualified for continuous residence in the Republic of Korea (including cases where he or she is qualified for continuous residence by permission for change of qualifications for staying or permission for extension of the period for staying) pursuant to Acts and subordinate statutes related to immigration control, and who is prescribed by ordinance of a local government. |
| (2) | The age of resident voters shall be calculated on the basis of a voting day. <Amended by Act No. 9468, Feb. 12, 2009> |
[Paragraph (1) of this Article was amended by Act No. 9468 (Feb. 12, 2009) following the decision of nonconformity to the Constitution by the Constitutional Court on Jun. 28, 2007.]
| Article 6 (Preparation and Fixation of Pollbook) |
| (1) | When residents' poll is conducted, a pollbook shall be prepared within five days from the base date of preparation of a pollbook (referring to 22 days before a voting day). <Amended by Act No. 9468, Feb. 12, 2009, Act No. 14192, May 29, 2016> |
| (2) | Articles 37 through 46 of the Public Officials Election Act shall apply mutatis mutandis to preparation and decision of a pollbook under paragraph (1). <Amended by Act No. 14192, May 29, 2016> |
| (3) | Deleted. <by Act No. 14192, May 29, 2016> |
CHAPTER II OBJECTS OF AND PROCEDURES FOR RESIDENTS' VOTING
| Article 7 (Objects of Residents' Voting) |
| (1) | Major decisions of a local government which may excessively burden or significantly influence residents, which are prescribed by ordinance of the local government, may be put to the residents' voting. |
| (2) | Notwithstanding paragraph (1), matters referred to in the following subparagraphs shall not be referred to the residents' voting: <Amended by Act No. 14192, May 29, 2016> |
| 1. | Matters, in violation of Acts and subordinate statutes, or under trial; |
| 2. | Matters falling under the authority of the State or another local government or affairs thereof; |
| 3. | Matters concerning the budget, accounts, contracts and asset management of a local government, and matters concerning the imposition or reduction or exemption of various public charges, such as local taxes, rental fees, commission, allotted charges; |
| 4. | Matters concerning the installation and change of administrative organizations and matters concerning status and remuneration of public officials, such as personnel affairs, fixed number of personnel; |
| 5. | Matters concerning the installation of public facilities in which a representative of residents may participate as a direct decision-making entity under other Acts: Provided, That this shall not apply where a local council requests to conduct residents' poll under Article 9 (5); |
| 6. | Matters in which two years have not passed since the residents' poll was taken on the same matter (including cases where the matter and purpose thereof are identical). |
| Article 8 (Residents' Voting on National Policies) |
| (1) | When the head of a central administrative agency deems it necessary to hear opinions of residents on the formulation of national policies, such as discontinuance, division and amalgamation of a local government, or district change, installation of major facilities thereof, he or she may demarcate a district where residents' voting is to be conducted and request the head of the relevant local government to conduct the residents' voting. In such cases, the head of the central administrative agency shall consult with the Minister of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | When the head of a local government is requested to conduct the residents' voting pursuant to paragraph (1), he or she shall publish it without delay and hear opinions of its local council within 30 days from the publication date. |
| (3) | The head of a local government who hears opinions of a local council pursuant to paragraph (2) shall notify the head of the relevant central administrative agency of the result thereof. |
| (4) | Articles 7, 16, 24 (1), (5) and (6), 25 and 26 shall not apply to residents' voting pursuant to paragraph (1). |
| Article 9 (Requirements to Initiate Residents' Voting) |
| (1) | The head of a local government may conduct residents' poll at the request of residents or a local council, or ex officio. |
| (2) | Those who fall under any of the subparagraphs of Article 5 (1) (excluding those who have no residents' voting right pursuant to the proviso to the head sentence of the subparagraphs of the same paragraph; hereinafter referred to as "petitioners for residents' voting") among residents over 19 years old may petition the head of a local government for residents' voting with signatures of more than the number of people prescribed by ordinance of the local government, within the extent of not less than 1/20 but not more than 1/5 of the total number of petitioners for residents' voting: <Amended by Act No. 9468, Feb. 12, 2009> |
| 1. | Deleted; <by Act No. 9468, Feb. 12, 2009> |
| 2. | Deleted. <by Act No. 9468, Feb. 12, 2009> |
| (3) | The total number of petitioners for residents' voting shall be calculated in accordance with resident registration cards and foreigners' registration cards as of December 31 of the preceding year. <Amended by Act No. 9468, Feb. 12, 2009; Act No. 14192, May 29, 2016> |
| (4) | The head of a local government shall publish the total number of petitioners for residents' voting calculated pursuant to paragraph (3) by January 10 each year. |
| (5) | A local council may request the head of a local government to take residents' poll with the attendance of a majority of the incumbent members and by consent of not less than 2/3 of the members present. |
| (6) | When the head of a local government intends to conduct residents' voting ex officio, he or she shall obtain attendance of a majority of the incumbent members of the local council and consent from a majority of the members present. |
| Article 10 (Selection of Representative of Petitioners and Solicitation for Signature) |
| (1) | When a resident intends to petition for residents' voting pursuant to Article 9 (2), they shall select the representative of petitioners for residents' voting (hereinafter referred to as "representative of petitioners"), and the selected representative of petitioners shall file an application for issuance of a certificate of the representative of petitioners with the head of the local government, stating his or her personal details and the purpose of and grounds for the petition for residents' voting. |
| (2) | The head of a local government, upon receiving an application for issuance of a certificate of the representative of petitioners pursuant to paragraph (1), shall ascertain whether the representative of petitioners is a petitioner for residents' voting before issuing a certificate of the representative of petitioners and publish such fact. |
| (3) | The representative of petitioners and those delegated the right to solicit signatures by the representative of petitioners in writing may solicit residents to sign their names on a petition book during the period of solicitation for signatures prescribed by municipal ordinance of the local government. In such cases, the period during which signatures are restricted pursuant to Article 11 (1) shall not be included in the period of solicitation for signatures. |
| (4) | When any person who has signed his or her name on a petition book intends to withdraw his or her signature, the person shall withdraw his or her signature before the petition book is submitted to the head of a local government. In such cases, the representative of petitioners shall omit that signature from the petition book without delay. |
| Article 11 (Restrictions on Activities of Soliciting Signatures) |
| (1) | When an election under the Public Official Election Act is held for the whole or part of a district over which a local government has jurisdiction, no signature shall be solicited in the election district within 60 days before an election day of such election. <Amended by Act No. 14192, May 29, 2016> |
| (2) | No public official (excluding a member of the local council concerned) shall be the representative of petitioners, or conduct activities of soliciting signatures, or participate in such activities, such as planning or leading the activities of request for signatures. |
| (3) | Any person who is not the representative of petitioners or not those delegated the right to solicit signatures by the representative shall not solicit signatures. |
| Article 12 (Examination and Confirmation of Petition Book) |
| (1) | The representative of petitioners shall submit a written request for residents' voting and a petition book to the head of a local government within 10 days from the expiration date of the period of solicitation for signatures pursuant to Article 10 (3) in cases of a Special Metropolitan City/Metropolitan City/Do, and within five days in cases of an autonomous Gu/Si/Gun. |
| (2) | Any signature falling under any of the following subparagraphs shall be null and void: <Amended by Act No. 14192, May 29, 2016> |
| 1. | A signature of a person who is not a petitioner for residents' voting; |
| 2. | A signature which is illegible to identify whose signature it is; |
| 3. | A signature written at the request of a person without the right to solicit signatures; |
| 4. | Where the same person has written not less than two valid signatures on the same matter, the remaining signature excluding one signature among them; |
| 5. | A signature written during a period other than the period of solicitation for signatures pursuant to Article 10 (3) or a signature written during the period of solicitation for signatures is restricted pursuant to Article 11 (1); |
| 6. | A signature procured by coercion, fraud or other unlawful means; |
| 7. | A signature in violation of methods and procedures prescribed by municipal ordinance of the local government by delegation under this Act. |
| (3) | When a written petition for residents' voting and a petition book pursuant to paragraph (1) have been submitted, the head of a local government shall publish such request for residents' voting without delay and keep a petition book or copy thereof in a place open to the public for seven days so that residents may read such. |
| (4) | Any person who has an objection to a signature in the petition book may file an objection with the head of the local government in writing within the period for public inspection pursuant to paragraph (3). |
| (5) | When an objection is filed pursuant to paragraph (4), the head of a local government shall examine such within 14 days from the date when the period for public inspection pursuant to paragraph (3) expires, and notify a demurrant and the representative of petitioners of the result thereof without delay. |
| (6) | When deemed necessary in connection with a formal objection pursuant to paragraph (5), the head of a local government may request an interested person to state his or her opinions or bear testimony. |
| (7) | When signatures on a petition book submitted pursuant to paragraph (1) are judged as invalid signatures and fail to meet the requirements pursuant to Article 9 (2), the head of a local government may have the representative of petitioners correct such within the period prescribed by municipal ordinance of the local government. |
| (8) | Where a request for residents' voting pursuant to paragraph (1) falls under any of the following subparagraphs, the head of a local government shall reject such. In such cases, the head of a local government shall notify the representative of petitioners of the grounds therefor and publish the same: <Amended by Act No. 14192, May 29, 2016> |
| 1. | Where the total number of valid signatures (when a correction is requested pursuant to paragraph (7), including the corrected signatures) fails to meet the requirements pursuant to Article 9 (2); |
| 2. | Where a written request for residents' voting and a petition book have been submitted after the lapse of the period pursuant to paragraph (1); |
| 3. | Where corrections have not been made within the period for correction pursuant to paragraph (7). |
| (9) | In addition to matters prescribed under this Act, matters necessary for a petition for residents' voting by residents, such as issuance of a certificate of the representative of petitioners, request for signatures, method of preparation and presentation of a petition book, examination and verification of signatures, shall be prescribed by ordinance of the relevant local government. |
| Article 13 (Proposal for Residents' Voting) |
| (1) | Where the head of a local government falls under any of the following subparagraphs, he or she shall publish such fact and notify the competent election commission without delay: <Amended by Act No. 14192, May 29, 2016> |
| 1. | Where he or she has notified the head of a central administrative agency of his or her intention to propose residents' voting pursuant to Article 8 (3); |
| 2. | Where he or she deems a petition for residents' voting pursuant to Article 9 (2) or (5) lawful; |
| 3. | Where he or she has obtained the consent pursuant to Article 9 (6). |
| (2) | When the head of a local government intends to propose residents' voting, he or she shall publicly announce a voting day and a proposal for residents' voting within seven days (the period during which a proposal for residents' voting is prohibited pursuant to paragraph (3) shall not be included) from the publication date pursuant to paragraph (1): Provided, That when the head of a local government of a local council has decided to accept the purpose of a petition for residents' voting, he or she shall not propose residents' voting. |
| (3) | When an election under the Public Official Election Act is held for the whole or part of a district over which a local government has jurisdiction, the head of a local government shall not propose the residents' voting during the period within 60 days before the election day. <Amended by Act No. 14192, May 29, 2016> |
| Article 14 (Voting Day of Residents' Voting) |
| (1) | The head of a local government shall decide a voting day of the residents' voting in consultation with the competent election commission within the extent of not less than 23 days but not more than 30 days (excluding the period during which a voting day cannot be fixed pursuant to paragraph (2)) from the proposal date of the residents' voting pursuant to Article 13 (2). <Amended by Act No. 14192, May 29, 2016> |
| (2) | When an election under the Public Officials Election Act is held for the whole or part of a district over which a local government has jurisdiction, the head of a local government shall not fix a voting day during the period from 60 days before an election day of such election. <Amended by Act No. 14192, May 29, 2016> |
| (3) | When not less than two local governments should conduct residents' voting on the same matter, the heads of the relevant local governments shall do so simultaneously, in consultation with each other: Provided, That when they cannot reach an agreement, they shall take residents' voting as determined by the Minister of the Interior and Safety in cases of a Special Metropolitan City/Metropolitan City/Do, and as determined by a Special Metropolitan City Mayor/Metropolitan City Mayor/Do governor in cases of an autonomous Gu/Si/Gun. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 15 (Form of Residents' Voting) |
Residents' voting shall be conducted in the form of a declaration of intention of ayes or noes on a specific matter or of selecting one of two matters.
| Article 16 (District where Residents' Voting is Taken) |
Residents' voting shall be conducted for the whole district over which the local government has jurisdiction: Provided, That in cases of matters in which only specific districts or residents have interests, when the head of a local government has obtained consent of a local council, he or she may conduct residents' voting for the relevant Si/Gun/Gu or Eup/Myeon/Dong.
| Article 17 (Issuance of Official Gazette of Residents' Voting) |
| (1) | The competent election commission shall issue an official gazette for residents' voting more than once, which reports the details of a proposal for residents' voting, opinions on matters referred to residents' voting and the grounds therefor, procedures for voting and other necessary matters. |
| (2) | The standard for an official gazette for residents' voting, methods of preparation, time of distribution thereof pursuant to paragraph (1) and other necessary matters shall be prescribed by the Rules of the National Election Commission. |
| Article 18 (Methods of Vote) |
| (1) | A vote shall be cast by filling in a ballot pursuant to Article 159 of the Public Officials Election Act. <Amended by Act No. 14192, May 29, 2016> |
| (2) | The vote shall be taken directly or by mail, but only on a one-person one-vote basis. |
| (3) | Affairs of voting and ballot counting may be administered by computerization. In such cases, matters necessary for procedures for and methods of voting and ballot counting by computerization shall be prescribed by the Rules of the National Election Commission. |
| (4) | When casting a vote, no one shall make a mark that can identify a voter, such as the name of a voter. |
| Article 19 (Procedures for Voting and Ballot Accounting) |
Chapters 10 and 11 of the Public Official Election Act shall apply mutatis mutandis to administration of voting and ballot counting, such as time of voting, ballots, installation of ballot boxes and ballot counting boxes, procedures for and witnessing of the voting and ballot counting. <Amended by Act No. 14192, May 29, 2016>
CHAPTER III CAMPAIGN ON RESIDENTS' VOTING
| Article 20 (Principles of Electoral Campaign) |
| (1) | "Electoral campaign" in this Act means activities to have residents approve or disapprove matters referred to residents' voting, or support one of two matters referred to residents' voting: Provided, That a simple statement of his or her views and expression of intention on matters referred to residents' voting shall not be deemed an electoral campaign. |
| (2) | Except the cases where an electoral campaign is prohibited or restricted under this Act or the provisions of other Acts, anyone may freely conduct an electoral campaign. |
| Article 21 (Period for Electoral Campaign and Persons who cannot Conduct Electoral Campaign) |
| (1) | Anyone can conduct an electoral campaign only from the proposal day of the residents' voting to the day preceding the residents' voting day. |
| (2) | Any person who falls under any of the following subparagraphs shall not conduct an electoral campaign: <Amended by Act No. 14192, May 29, 2016> |
| 1. | A person who has no residents' voting right; |
| 2. | A public official (excluding a member of the local council concerned); |
| 3. | A member at various levels of election commission; |
| 4. | A person who runs a broadcasting business (in cases of a business using a broadcasting channel, limited to a business using a broadcasting channel making specialized programming on news) under the Broadcasting Act, or who is a regular employee thereof, engaged in editing, production, collecting news, writing or reporting news; |
| 5. | A person who publishes or runs newspaper, online newspaper, or online news which shall be registered Article 9 of the Act on the Promotion of Newspapers, Etc. and periodicals which shall be registered under Article 15 and 16 of the Act on Promotion of Periodicals, including Magazines (excluding newspaper, online newspaper, online news, or periodicals published not more than once a quarter, or published for no purpose of news, comments on politics or formation of public opinion, such as school newspapers, other pure academic journals and information journals on specialized fields), or who is a regular employee thereof, engaged in editing, collecting news, writing or reporting news. |
| Article 22 (Restrictions on Electoral Campaign) |
| (1) | No one shall conduct an electoral campaign by methods falling under any of the following subparagraphs: <Amended by Act No. 14192, May 29, 2016> |
| 1. | House-to-house canvassing at night or an outdoor rally at night; |
| 2. | Receiving signatures and seals for the purpose of an electoral campaign; |
| (2) | Periods during which a house-to-house canvass at night and an outside rally at night are prohibited pursuant to paragraph (1) 1 shall be prescribed by ordinance of the local government. |
| Article 23 (Suspension of or Warning to Unlawful Electoral Campaign) |
When a member or an employee of the competent election commission finds an offense against this Act or the Rules of the National Election Commission by delegation of this Act, he or she shall issue a suspension, warning or corrective order, and when such offense seriously compromises the fairness of voting or an offender fails to obey suspension, warning or corrective orders, he or she shall request the competent investigative authorities to investigate the offender or shall accuse the offender.
CHAPTER IV VALIDITY OF RESIDENTS' VOTING
| Article 24 (Decision of Result of Residents' Voting) |
| (1) | Matters referred to the Residents' voting shall be decided by vote of not less than 1/3 of the total number of resident voters and by obtaining votes of a majority of the number of valid votes: Provided, That it shall be deemed to have decided not to accept both ayes and noes, nor chose both matters subject to choice between two things in any of the following cases: <Amended by Act No. 14192, May 29, 2016> |
| 1. | Where the total number of votes is less than 1/3 of the total number of resident voters; |
| 2. | Where the number of valid votes on matters referred to residents' voting are evenly divided. |
| (2) | When the total number of votes is less than 1/3 of the total number of resident voters, the ballots shall not be counted. |
| (3) | When ballot counting is completed, the competent election commission shall publish the result thereof and then notify the head of a local government, without delay. The same shall also apply when the ballots are not counted pursuant to paragraph (2). |
| (4) | When the head of a local government is notified of the result of residents' voting pursuant to paragraph (3), he or she shall notify a local council thereof, and in cases of residents' voting concerning national policies pursuant to Article 8, he or she shall notify the head of the relevant central administrative agency of the result of the residents' voting. |
| (5) | The head of a local government and a local council shall take necessary administrative and financial measures according to the details decided as a result of the residents' voting. |
| (6) | The head of a local government and a local council shall neither alter matters decided by residents' voting nor make a new decision within two years: Provided, That this shall not apply when the head of a local government and a local council has decided not to accept both ayes and noes or not to choose both matters subject to choice between two things pursuant to the proviso to paragraph (1). |
| Article 25 (Lawsuit of Residents' Voting) |
| (1) | Any resident voter who has an objection to the validity of the residents' voting may file a request for judgment, with signatures of not less than 1/100 of the total number of resident voters, referring to the chairperson of the competent election commission as a judge, with a Special Metropolitan City/Metropolitan City/Do Election Commission in cases of a Si/Gun/autonomous Gu, and with the National Election Commission in cases of a Special Metropolitan City/Metropolitan City/Do, within 14 days from the date when the result of the residents' voting is published pursuant to Article 24 (3). |
| (2) | Any requester who is not satisfied with a decision on a request for judgment referred to in paragraph (1) may institute a lawsuit against the chairperson of the competent election commission, with the Supreme Court of Korea in cases of a Special Metropolitan City/Metropolitan City/Do, and with the competent high court in cases of a Si/Gun/autonomous Gu, within ten days from the date when he or she receives the written decision (when he or she does not receive the written decision, referring to the date when the period for decision expires). |
| (3) | With respect to procedures for a request for judgment and a trial on the residents' voting, the provisions on the head of a local government and members of a local council from Articles 219 through 229 of the Act on the Public Official Election Act shall apply mutatis mutandis, except otherwise prescribed in this Act. <Amended by Act No. 14192, May 29, 2016> |
| Article 26 (Revoting and Postponement of Voting) |
| (1) | When an irrevocable judgment on the nullification of the whole or part of the residents' voting is made, the head of a local government shall take a revote on ballot boxes nullified, within 20 days from the date of such judgment. In such cases, a voting day shall be announced officially not later than seven days before a voting day at latest. |
| (2) | When the head of a local government takes a vote again pursuant to paragraph (1), unless no specific clear statement exists in such judgment, the head of a local government shall use a pollbook used for the original voting, notwithstanding Article 6. |
| (3) | When the head of a local government cannot take or failed to take a vote due to a natural disaster, he or she shall postpone voting or redesignate a voting day in consultation with the competent election commission. |
| Article 27 (Expenses for Residents' Voting) |
| (1) | A local government (in cases of the residents' voting on national policies pursuant to Article 8, referring to the State)to which the head of a local government who proposes the residents' voting belongs shall bear expenses referred to in the following subparagraphs required for affairs of the residents' voting: <Amended by Act No. 14192, May 29, 2016> |
| 1. | Expenses for preparation, administration and execution of the residents' voting; |
| 2. | Expenses for issuance of an official gazette, holding of a briefing session, etc. of the residents' voting, and for crackdown on unlawful electoral campaign; |
| 3. | Expenses related to a request for judgment and a trial on residents' voting; |
| 4. | Expenses for sorting out materials on the residents' poll results and for operation of the competent election commission and handling of affairs thereof to deal with other business affairs of the residents' voting. |
| (2) | A local government shall pay expenses pursuant to paragraph (1) to the competent election commission within three days from the proposal day for the residents' voting. |
| (3) | The standard of calculation, procedures for and method of payment, execution, examination of accounts, and refund of expenses for residents' voting pursuant to paragraph (1), and other necessary matters shall be prescribed by the Rules of the National Election Commission. |
CHAPTER V PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 14192, May 29, 2016; Act No. 16883, Jan. 29, 2020>
| 1. | A person who offers money, goods, entertainments and the benefit of assets or a public or private position, or expresses an intention to make such offer or promises such offer, or directs, recommends, requests or arranges such conduct to voters (before preparation of a pollbook, including those qualified for entering on the pollbook) for the purpose of having influence on the result of residents' voting; |
| 2. | A person who commits violence to, threatens or arrests or confines voters illegally, or interferes with freedom of voting of voters by unlawful means; |
| 3. | A person who opens a ballot box, eliminates, destroys, damages, conceals or seizes a ballot box (including an empty ballot box) or ballot papers in a ballot box contrary to Acts and subordinate statutes; |
| 4. | A person who spreads false information for the purpose of having influence on the result of residents' voting; |
| 5. | A person who has unfair influence on residents' voting by taking advantage of occupation, religion, education, other special relationship or position. |
| Article 29 (Penalty Provisions) |
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: <Amended by Act No. 14192, May 29, 2016; Act No. 16883, Jan. 29, 2020>
| 1. | A person who is offered a benefit or a public or private position prescribed in Article 28 (1) 1, or accepts such offer; |
| 2. | A person who casts a vote or intends to cast a vote by false assumption of another's name, forgery or falsification of an identification card, or other unlawful means; |
| 3. | A person who supports, recommends or opposes a specific political party or a person who intends to be a candidate of an election of public officials under the Public Official Election Act by taking advantage of soliciting signatures and an opportunity to conduct an electoral campaign on the residents' voting, or does other acts leading to an election campaign. |
| Article 30 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14192, May 29, 2016; Act No. 16883, Jan. 29, 2020>
| 1. | A person who solicits signatures, in violation of Article 11; |
| 2. | A person who conducts an electoral campaign, in violation of Article 21; |
| 3. | A person who conducts an electoral campaign, in violation of the restrictions on electoral campaign pursuant to Article 22. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9468, Feb. 12, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Total Number of Petitioners for Residents' Voting) The head of a local government shall publish the total number of petitioners for the residents' voting calculated pursuant to the amended provisions of Article 9 (3) within one month after this Act enters into force. |
| (3) | (Transitional Measures concerning Residents' Voting in Progress as at the Time This Act Enters into Force) The previous provisions shall apply to residents' voting in progress as at the time this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14192, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Expenses for Residents' Voting)
The amended provisions of Article 27 (1) shall begin to apply to resident’s voting initiated by the head of a local government after this Act enters into force. Article 3 (Transitional Measures concerning Residents’ Voting Right of Reporters on Domestic Place of Residence)
Article 4 (Transitional Measures concerning Preparation of Pollbook for Residents’ Voting in Progress)
Notwithstanding the amended provisions of Articles 6 (1) and 14 (1), the previous provisions shall apply to residents’ voting in progress after being initiated as at the time this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendmentsto the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16883, Jan. 29, 2020>
This Act shall enter into force on the date of its promulgation.