PUBLIC OFFICIAL ELECTION ACT
Act No. 7850, Mar. 2, 2006
Act No. 7681, Aug. 4, 2005
Amended by Act No. 7849, Feb. 21, 2006
Act No. 7850, Mar. 2, 2006
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the development of democratic politics by making sure that an election as prescribed by the Constitution of the Republic of Korea and the Local Autonomy Act is held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 2 (Scope of Application) |
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This Act shall apply to the presidential election, the election of National Assembly members, the election of local council members, and the election of the heads of local governments.
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| Article 3 (Definition of Elector) |
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For the purpose of this Act, the term "elector" means a person who holds the right to vote and is registered on the electoral register.
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| Article 4 (Basis of Population) |
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The population constituting a basis of an election affairs management under this Act shall be subject to the recent population statistics surveyed on the basis of resident registration cards as prescribed by the Resident Registration Act. In this case, the number of foreigners who hold the rights to vote pursuant to the provisions of Article 15 (2) 2 shall be included in the population consisting a basis of the election of the local council members and the head of any local government. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>
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| Article 5 (Cooperation for Election Affairs) |
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A government agency and other public institutions shall, upon a request by the election commission to cooperate for election affairs, preferentially comply with it. <Amended by Act No. 6265, Feb. 16, 2000>
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| Article 6 (Guarantee for Exercise of Franchise) |
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| (1) | The State shall take necessary measures to enable an elector to exercise his voting franchise. |
| (2) | A public official, a student or a person employed by another shall be guaranteed the time necessary for reading the electoral register or casting a vote, and it shall not be regarded as a suspension of service or business. |
| (3) | An elector shall faithfully participate in an election and exercise his franchise. |
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| Article 7 (Responsibilities of Political Parties, Candidates, etc. for Fair Competition) |
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A political party and a candidate taking part in an election (including a person who intends to become a candidate; hereafter in this Article, the same shall apply) and a person who canvasses for votes on behalf of a candidate, in conducting an election campaign, shall witness this Act and engage in fair competition, and shall not do anything detrimental to the good morals and other social orders in supporting, propagandizing, criticizing or opposing the platform and policy of a political party or the political views of a candidate. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 8 (Responsibilities of Press for Fair Reports) |
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where a person who manages and controls broadcasting, a newspaper, wire service, magazine or other publications, a person who edits, gathers data, writes or reports, or any Internet press agency provided for in the provisions of Article 8-5 (1) reports or comments on the platform or policy of a political party, political views or other matters of a candidate (including a person who wishes to be a candidate; hereafter the same shall apply in this Article) and broadcasts or reports the interview or discussion in which a representative of a political party, a candidate or his proxy participates, he or it shall be fair. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7681, Aug. 4, 2005>
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| Article 8-2 (Election Broadcast Deliberative Committee) |
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| (1) | The Broadcast Committee established under Article 20 of the Broadcasting Act (hereinafter referred to as the "Broadcast Committee") shall set up an Election Broadcast Deliberative Committee, so as to keep election broadcast impartial, by 120 days before the election day of the election at the expiration of term (in case of the election or reelection due to a vacancy of the President, by 20 days from the time of confirming causes for holding the relevant election), and operate it until 30 days after the election day. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | The Election Broadcast Deliberative Committee shall consist of not more than nine members including each person recommended by broadcasting companies (referring to a person operating or managing the broadcasting facilities under Article 70 (1); hereafter in this Article and Article 8-4 the same shall apply), the community of journalism scholars, the Korea Bar Association, journalists' associations, and civil groups, etc. and each person recommended by the political parties that form their negotiating groups in the National Assembly. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (3) | No member of the Election Broadcast Deliberative Committee may join a political party. |
| (4) | The Election Broadcast Deliberative Committee shall determine necessary matters to maintain political neutrality, equality, objectivity of election broadcast, and balance in respect of production technology, to redress injuries of rights, and other necessary matters to secure the impartiality of election broadcast, and shall publish them. |
| (5) | The Election Broadcast Deliberative Committee shall inspect whether the election broadcast is impartial, and shall determine the sanctions, etc. pursuant to any subparagraphs of Article 100 (1) of the Broadcasting Act, in case where deemed that the contents of election broadcast were not impartial as a result of inspection, and notify the Broadcast Committee of these measures, and the Broadcast Committee shall make, without delay, orders for the notified sanctions, etc. against the broadcasting company which made an election broadcast unfair. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (6) | Where a candidate or a person wishing to be a candidate regards contents of election broadcast unfair, he may request the Election Broadcast Deliberative Committee to make corrections from 120 days prior to the election day, and the latter shall make, without delay, a deliberation and resolution as to the request. |
| (7) | The composition and operation of the Election Broadcast Deliberative Committee, and other necessary matters shall be prescribed by the Rules of the Broadcast Committee. |
[This Article Added by Act No. 5412, Nov. 14, 1997]
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| Article 8-3 (Election News Deliberative Committee) |
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| (1) | The Press Arbitration Committee referred to in the provisions of Article 7 of the Act on Press Arbitration and Damage Relief, etc. (hereinafter referred to as the "Press Arbitration Committee") shall set up an Election News Deliberative Committee, so as to keep impartiality of election news (including editorials, comments, advertisements and other contents related to election; hereafter in this Article the same shall apply), by 120 days before the election day of the election at the expiration of term (in case of the election or reelection due to a vacancy of the President, by 20 days from the time of confirming causes for holding the relevant election), and operate it until 30 days after the election day. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The Election News Deliberative Committee shall consist of not more than nine members including each person recommended by the community of journalism scholars, the Korea Bar Association, journalists' associations, and civil groups, etc. and each person recommended by the political parties that form negotiating groups in the National Assembly. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The Election News Deliberative Committee shall inspect whether or not the election news printed on the periodicals referred to in subparagraph 1 of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions (hereafter in this Article and Article 8-4, referred to as the "periodicals") are impartial, and shall, in case where deemed that the content of election news is unfair as a result of inspection, determine the printing of a letter of apology or a correction report on the relevant news, and notify the Press Arbitration Committee of this printing, and the said Committee shall make, without delay, orders for the printing of the letter of apology or correction report on the relevant news against the publisher of the periodicals which have printed the unfair election news (hereafter in this Article and Article 8-4, referred to as the "press company"). <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | Any person who publishes the periodicals shall submit without delay to the Election News Deliberative Committee one copy of the relevant periodicals, when he publishes any general daily newspaper or any general weekly newspapers provided for in the provisions of subparagraph 2 (a) or (d) of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions during the operational period of the Election News Deliberative Committee under paragraph (1), and if there exists any request from the Election News Deliberative Committee, one copy of any other periodicals that he publishes. <Added by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (5) | When there exists any request from the person who has submitted the periodicals under paragraph (4), the Election News Deliberative Committee shall make a just compensation. <Added by Act No. 6663, Mar. 7, 2002> |
| (6) | The provisions of Article 8-2 (3), (4) and (6) shall be applicable mutatis mutandis to the Election News Deliberative Committee. |
| (7) | The Press Arbitration Committee shall prescribe matters necessary for the composition and operation of the Election News Deliberative Committee. |
[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]
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| Article 8-4 (Request for Counterargument Report on Election News) |
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| (1) | A political party (limited to a central party; hereafter in this Article the same shall apply) or a candidate (including a person wishing to be a candidate; hereafter in this Article the same shall apply) affected by public accusation against his personal character, biased propaganda of policies, etc. through broadcast or periodicals from 90 days prior to the election day of the election at the expiration of term (in case of the election or reelection due to the vacancy of the President, from the time when the Election Broadcast Deliberative Committee or the Election News Deliberative Committee is established) to the election day, may make a written request for a broadcast of the counterargument report to the broadcasting company which made the relevant broadcast, and for a printing of counterargument reports to the press company which printed the relevant news, respectively, within 10 days from the day on which he has come to know of the relevant broadcast or printing of news: Provided, That this shall not apply where 30 days elapsed from the day of the relevant broadcast or printing of news. <Amended by Act No. 6663, Mar. 7, 2002> |
| (2) | The broadcasting company or the press company shall, in case where it has received requests under paragraph (1), make, without delay, consultation with the relevant political party or the relevant candidate or his proxy about the content, size, frequency, etc. of counterargument reports, and shall broadcast the counterargument report free of charge within 48 hours from the time of receipt of requests in case of broadcasting, and print the counterargument report free of charge on the issue next to the same periodicals, for which an editing is not completed, in case of periodicals. In this case, where the next issue of periodicals is to be published and distributed after the election day, the counterargument report shall be printed on the general daily newspaper provided for in the provisions of subparagraph 2 (a) of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions to be distributed in the very area wherein the relevant periodicals have been distributed, within 48 hours from the time when the request has been made, and the expenditures therefor shall be borne by the relevant press company. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (3) | In case where an agreement is not reached pursuant to paragraph (2), the relevant political party, candidate, broadcasting company, or press company shall, without delay, refer the case in question to the Election Broadcast Deliberative Committee or the Election News Deliberative Committee, and the Election Broadcast Deliberative Committee or the Election News Deliberative Committee shall deliberate on it within 48 hours from the time of reference to make a resolution of rejection, dismissal or acceptance, and notify without delay the relevant political party, candidate, broadcasting company, or press company thereof. In this case, where such Committee makes a resolution of acceptance of the counterargument broadcast or report, it shall also determine the matters necessary for the counterargument report such as the content, size, frequency and others. <Amended by Act No. 6663, Mar. 7, 2002> |
| (4) | The provisions of Article 15 (1), (4) through (7) of the Act on Press Arbitration and Damage Relief, etc. shall apply mutatis mutandis to any request for the counterargument report. In this case, the "request for the correction report" shall be deemed the "request for the counterargument report", the "correction" shall be deemed the "counterargument", the "right to file the request for the correction report" shall be deemed the "right to file the request for counterargument report", the "correction report" shall be deemed the "counterargument report", and the "written correction report" shall be deemed the "written counterargument report", respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]
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| Article 8-5 (Internet Election News Deliberative Committee) |
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| (1) | The National Election Commission shall establish and operate the Internet Election News Deliberative Committee in order to maintain an impartiality of election report stated on the Internet homepages (including the editorial, commentaries, photograph, broadcast, motion image and other details concerning an election; hereafter in this Article and Article 8-6, the same shall apply) of the Internet press agencies (referring to Internet newspaper business operators provided for in the provisions of subparagraph 7 of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions, persons who run and manage Internet homepages, which are used to report, furnish or transmit articles that are covered, edited and written through the Internet with the aim of propagating reports, commentaries, public opinions and information, etc. pertaining to politics, economy, society, culture and current events and any other persons who run and manage the Internet homepages that perform the functions of the press similar to those of the former: hereinafter the same shall apply). <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The Internet Election News Deliberative Committee shall be composed of each person recommended by the political parties that form negotiating groups in the National Assembly, and of 11 or less members commissioned by the National Election Commission including the persons recommended by the Broadcast Committee, Press Arbitration Committee, community of scholars, legal circles, Internet press organizations and civil groups, and the term of office of the members shall be three years. |
| (3) | The Internet Election News Deliberative Committee shall have one Chairman, and he shall be elected from among its members. |
| (4) | The Internet Election News Deliberative Committee shall have one standing member, and he shall be nominated by the National Election Commission from among the members of the Internet Election News Deliberative Committee. |
| (5) | No members of political parties shall become the members of the Internet Election News Deliberative Committee. |
| (6) | The Internet Election News Deliberative Committee shall determine matters necessary for guaranteeing the political neutrality, equality, objectivity of Internet election reports, and redress of injuries of rights and impartiality of other election reports, and make a public announcement thereof. |
| (7) | When the Internet Election News Deliberative Committee deems that it is necessary for performing duties, it may hear the opinions of related public officials or specialists by inviting them, or request the related agencies, organizations, etc. to render their cooperation, such as a submission of data or presentation of opinions. |
| (8) | The Internet Election News Deliberative Committee shall have the secretariat consisting of the public officials belonging to the election commissions in order to deal with its affairs. |
| (9) | The composition and operation of the Internet Election News Deliberative Committee, treatment of its members and standing members, organization and scope of duties of the secretariat, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 8-6 (Correction Report, etc. of Internet Press Agencies) |
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| (1) | The Internet Election News Deliberative Committee shall inspect whether election reports that are run in Internet homepages of Internet press agencies are fair or not and when contents of the election report are deemed unfair as a result of the inspection, the Internet Election News Deliberative Committee shall order the relevant Internet press agencies to take measures necessary to publish a correction report of such election report. <Added by Act No. 7681, Aug. 4, 2005> |
| (2) | When the political parties or candidates (including persons who intend to become the candidates; hereafter in this Article, the same shall apply) deem that any election report of the Internet press agencies is unfair, they may raise objections in writing to the Internet Election News Deliberative Committee within 10 days from the date on which they have known that there existed the said report. |
| (3) | When the Internet Election News Deliberative Committee has received an objection under the provisions of paragraph (2), it shall promptly deliberate on whether or not the election report subject to an objection is impartial, and if it is deemed that the election report is unfair as a result of deliberations, it shall order the relevant Internet press agencies to take measures necessary to publish a correction report of the relevant election report. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | Any political parties or candidates subjected to damages due to the distorted election report of the Internet press agencies may demand in writing the relevant Internet press agencies within 10 days from the date on which they have known that there existed a public announcement of such a report, to make a broadcast of the objection report or a printing of the counterargument report (hereafter in this Article, referred to as the "counterargument report"). In such case, when 30 days have elapsed from the date of public announcement of the said report, no demand for the counterargument report shall be allowed. |
| (5) | When any Internet press agency has received a demand under paragraph (4), it shall promptly hold a consultation with the relevant political parties, candidates or their agents on the form, content, size, frequency, etc., and thereafter make the counterargument report at its own charge within 12 hours from the time when receiving a demand for it. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | Where a consultation on the counterargument report under the provisions of paragraph (5) is not attained, the relevant political parties or candidates may promptly make a demand for counterargument report to the Internet Election News Deliberative Committee, and the said Committee shall deliberate thereon and make a decision on rejection, dismissal or acceptance, and thereafter notify the relevant political parties, candidates and Internet press agencies of the details of such decisions. In such case, when such Committee makes a decision on acceptance of the counterargument report, it shall concurrently decide its form, content, size and frequency, etc. and other necessary matters and notify thereof, and the Internet press agency in receipt of such a notice shall promptly perform them. <Amended by Act No. 7681, Aug. 4, 2005> |
| (7) | The provisions of Article 15 (1), (4) through (7) of the Act on Press Arbitration and Damage Relief, etc. shall apply mutatis mutandis to any demand for the counterargument report of the election report run by any Internet press agencies unless such provisions are not contrary to their nature. In this case, the "demand for the correction report" shall be deemed the "demand for the counterargument report", the "correction" shall be deemed the"counterargument", the "right to demand the correction report" shall be deemed the "right to demand the counterargument report", the "correction report" shall be deemed the "counterargument report" and the "text of the correction report" shall be deemed the "text of the counterargument report", respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 8-7 (Election Debate Broadcasting Committee) |
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| (1) | The election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article, the same shall apply) shall respectively establish and operate the Election Debate Broadcasting Committee (hereafter in this Article, referred to as the "Election Debate Broadcasting Committee of each level") in order to impartially hold and progress an interview or debate under the provisions of Article 82-2 and a policy debate under the provisions of Article 82-3 (hereafter in this Article, referred to as the "interview or debate, etc."): Provided, That the Gu/Si/Gun Election Debate Broadcasting Committee to be established in the Gu/Si/Gun election commission (hereinafter referred to as the "Gu/Si/Gun Election Debate Broadcasting Committee") may be established and operated by the unit of an election district of National Assembly members of local constituency or the unit of a broadcast zone of the composite cable TV business operator under the Broadcasting Act. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The Election Debate Broadcasting Committee of each level shall be composed of each person recommended by the political parties that form negotiating groups in the National Assembly and the public broadcast company (referring to the Korea Broadcasting System and the broadcast business operator for which the Broadcasting Culture Promotion Association under the Broadcasting Culture Promotion Association Act is the largest contributor; hereinafter the same shall apply), and not more than nine members [11 members in the case of the Central Election Debate Broadcasting Committee to be established in the National Election Commission (hereinafter referred to as the "Central Election Debate Broadcasting Committee")] including the persons commissioned by the election commission of each level from among those of learning and high moral repute, who are recommended by the Broadcast Committee, scholars community, legal circles and civil groups, and the term of office of the members shall be three years. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The Election Debate Broadcasting Committee of each level shall have one Chairman, and he shall be elected from among its members. |
| (4) | The Central Election Debate Broadcasting Committee shall have one standing member, and he shall be nominated by the National Election Commission from among the members of the Central Election Debate Broadcasting Committee. |
| (5) | No members of political parties shall become the members of the Election Debate Broadcasting Committee. |
| (6) | The Central Election Debate Broadcasting Committee shall determine matters necessary for holding and progress of an interview or debate, etc. and other matters necessary for guaranteeing the impartiality, and make a public announcement thereof. |
| (7) | The Election Debate Broadcasting Committee of each level may, when it is necessary for performing the duties of interviews or debates, etc., demand the public broadcast company or the related agencies or organizations, etc. to render cooperations, and the public broadcast company in receipt of the said demand for cooperations shall preferentially comply with it. |
| (8) | The Central Election Debate Broadcasting Committee or the City/Do Election Debate Broadcasting Committee that is set up in the Special Metropolitan City, the Metropolitan City and the Do (hereinafter referred to as the "City/Do") election commission shall have the Secretariat consisting of the public officials belonging to the relevant election commission in order to deal with its affairs. <Amended by Act No. 7681, Aug. 4, 2005> |
| (9) | When the Election Debate Broadcasting Committee deems it necessary for performing its duties, it may hold a consultation with the heads of related administrative agencies or of the related institutions, organizations, etc., and obtain a dispatch of the public officials or officers and employees belonging thereto, or have the public officials belonging to the related administrative agencies concurrently assume the posts of public officials belonging to the Secretariat under the provisions of paragraph (8). |
| (10) | The composition and operation of the Election Debate Broadcasting Committee of each level, treatment of its members and standing members, organization and scope of duties of the Secretariat, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 9 (Responsibilities of Public Officials for Neutrality) |
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| (1) | A public official or a person who is required to maintain political neutrality space (including an agency and organization) shall not exercise any unreasonable influence over the election or do anything that is likely to have an effect on the election result. |
| (2) | Where it is deemed that there is a violation of the provisions of this Act, the public prosecutor (including the military prosecutor) or national police officer (including the prosecutory investigator and military judicial policeman) shall crack down on and investigate the violation immediately and fairly. <Amended by Act No. 7849, Feb. 21, 2006> |
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| Article 10 (Drive of Social Organizations for Fair Election) |
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| (1) | A social organization, etc. may be engaged in the drive for a fair election such as monitoring election malpractices: Provided, That an organization falling under any one of the following subparagraphs shall not be engaged in the drive for a fair election under the name of the organization or that of its representative: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A national movement organization established under a special Act, which is contributed or subsidized by the State or local government (referring to the Moral Life Movement, the Saemaul Movement Council, the Korea Freedom League); |
| 2. | An organization which is banned from political activities or participation in the election of public officials under the Acts and subordinate statutes; |
| 3. | An organization which is founded or operated by a candidate (including a person intending to become a candidate; hereafter in this Article, the same shall apply), a spouse of the candidate, a lineal ascendant, descendant and sibling of the candidate or his spouse, or a spouse of the candidate's lineal descendant or sibling (hereinafter referred to as a "family member of the candidate"); |
| 4. | An organization established for the purpose of supporting a specific political party (including a preparatory committee for the formation of a political party; hereafter in this Article, the same shall apply) or a specific candidate; |
| 5. | Deleted; and <by Act No. 7681, Aug. 4, 2005> |
| 6. | Any trade unions or organizations which advocate making or to make the election campaigns. |
| (2) | The social organization, etc. shall, when engaging in the drive for a fair election, firmly maintain an impartial position at all times, and shall pay a special attention so as not to allow itself to come to an election campaign for a specific political party or candidate. |
| (3) | The election commission of each level (excluding the Eup/Myeon/Dong election commission) shall issue a warning, suspension or correction order, if the social organization, etc. is engaged in an unfair activity, and shall take necessary measures, such as pressing a formal charge, if the activity leads to an election campaign, or the suspension or correction order is not complied with. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 10-2 (Supervisory Group of Vote Rigging) |
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| (1) | The Gu/Si/Gun election commission shall set up a supervisory group of vote rigging in the relevant Gu/Si/Gun election commission in order to make a supervision of vote rigging at each time of election from 120 days prior to the election day (in the special election, etc. for which implementation causes have become definite after 120 days prior to the election day, five days after the implementation causes for the said election have become definite) to 30 days after the election day. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (2) | The supervisory group of vote rigging shall consist of not more than 50 persons from among those who are capable of making election campaigns and who are not members of political parties and are on neutral and fair positions. In this case, it shall include 3 persons who are each recommended by political parties that filed their candidates in the relevant election during the election period. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | Notwithstanding the provisions of the latter part of paragraph (2), in the case falling under any of the following subparagraphs, the Gu/Si/Gun election commission may commission the members of the supervisory group of vote rigging: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | Where any political party informs its intention of relinquishing its right to recommend members of the supervisory group of vote rigging; and |
| 2. | Where any political party fails to recommend members of the supervisory group of vote rigging by the deadline that is fixed by the National Election Commission Regulations or the number of members recommended by it falls short of 3 persons. |
| (4) | When the competent Gu/Si/Gun election commission forms and operates any teams by dividing the supervisory group of vote rigging, it shall guarantee a balanced participation of the members of supervisory group of vote rigging recommended by the political parties. <Added by Act No. 7189, Mar. 12, 2004> |
| (5) | Notwithstanding the provisions of paragraph (2), the Gu/Si/Gun election commission may have not more than five members of the supervisory group of vote rigging separately in order to deal with the affairs of supervision of vote rigging. <Added by Act No. 7189, Mar. 12, 2004> |
| (6) | The supervisory group of vote rigging may, under the direction of the competent Gu/Si/Gun election commission, collect the evidential data on acts of violating this Act, or make the survey activities therefor. |
| (7) | Allowances or actual expenses may be paid, within the limit of appropriated budget, to those belonging to the supervisory group of vote rigging. |
| (8) | The composition and activity processes of the supervisory group of vote rigging, the payment of allowances and actual expenses, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
[This Article Added by Act No. 6265, Feb. 16, 2000]
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| Article 10-3 (Cyber Supervisory Group of Vote Rigging) |
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| (1) | The National Election Commission and the City/Do election commission shall establish and operate the cyber supervisory group of vote rigging consisting of not more than 30 persons respectively in order to supervise any vote rigging utilizing the Internet from 120 days prior to the election day (in the special election, etc. for which implementation causes have become definite after 120 days prior to the election day, five days after the implementation causes for such an election have become definite) to the election day: Provided, That in the special election, etc., the said cyber group shall be established under the conditions as stipulated in the National Election Commission Regulations by taking account of the types and implementation areas, etc. of the election. |
| (2) | The cyber supervisory group of vote rigging shall consist of the neutral and impartial persons who are not the members of political parties. |
| (3) | The provisions of Article 10-2 (2) (latter part), (3) and (6) through (8) shall apply mutatis mutandis to the cyber supervisory group of vote rigging. In such case, the term "competent Gu/Si/Gun election commission" shall be read as the "competent election commission" and the term "supervisory group of vote rigging", as the "cyber supervisory group of vote rigging". |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 11 (Status Guarantee of Candidates) |
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| (1) | A candidate for the presidential election shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for seven or more years, and shall have the callup for military service postponed, from the time the candidate completes registration until the ballot counting is finished. <Amended by Act No. 4949, May 10, 1995> |
| (2) | A candidate for the election of National Assembly members, local government council members or the head of a local government shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for five or more years or commits a crime as provided in Chapter XVI Penal Provisions, and shall have the call-up for military service postponed, from the time the candidate completes registration until the ballot counting is finished. <Added by Act No. 4949, May 10, 1995> |
| (3) | An election campaign manager, a chief of the election campaign liaison office, an election campaign worker, an accountant in charge, an election campaign speechmaker, an interviewer, or a debater, a voting witness, an absentee voting witness, and a ballot-counting witness shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for three or more years, or commits a crime as provided in Articles 230 through 235 and 237 through 259, from the time he acquires the relevant status until the ballot counting is finished. |
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| Article 12 (Election Management) |
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| (1) | Except as otherwise provided in this Act, the National Election Commission shall control and manage election affairs, and may cancel or change an illegal or unfair disposition taken by a subordinate election commission (including officials in charge of voting management; hereafter in this Article the same shall apply). <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The City/Do election commission may cancel or change an illegal or unfair disposition taken by a subordinate election commission with respect to an election of local government council members and the head of a local government. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7681, Aug. 4, 2005> |
| (3) | The Gu/Si/Gun election commission may cancel or change an illegal or unfair disposition taken by a subordinate election commission with respect to the election concerned. |
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| Article 13 (Constituency Election Management) |
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| (1) | An election commission attending to the election affairs of each constituency (hereinafter referred to as a "constituency election commission") shall be as follows: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | The constituency election affairs for the presidential election and the election of proportional representative National Assembly members in the national constituency (hereinafter referred to as the "proportional representative National Assembly members") shall be attended to by the National Election Commission; |
| 2. | The constituency election affairs for the election of the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do governor (hereinafter referred to as the "Mayor/Do governor") and the election of proportional representative members of the City/Do council (hereinafter referred to as the "proportional representative members of City/Do council") shall be attended to by the City/Do election commission; and |
| 3. | The constituency election affairs for the election of National Assembly member of local constituency (hereinafter referred to as a "National Assembly member of a local constituency"), the election of the City/Do council members of local constituency (hereinafter referred to as the "City/Do council members of local constituency"), the election of the autonomous Gu/Si/Gun council members of local constituency (hereinafter referred to as the "autonomous Gu/Si/Gun council members of local constituency"), the election of proportional representative autonomous Gu/Si/Gun council members (hereinafter referred to as the "proportional representative autonomous Gu/Si/Gun council members") and the election of the head of autonomous Gu/Si/Gun (hereinafter referred to as the "head of autonomous Gu/Si/Gun") shall be attended to by the Gu/Si/Gun election commission which has jurisdiction over the relevant constituency (in case where the Gu/Si/Gun election commission is designated to attend to the constituency election affairs as provided in Article 29 (3) of this Act or Article 2 (6) of the Election Commission Act, referring to the Gu/Si/Gun election commission so designated). |
| (2) | For the purpose of paragraph (1), the term "constituency election affairs" means the election affairs to be carried out in the relevant constituency as a unit, such as registering candidacy and calling a winner. |
| (3) | In case where deemed especially necessary for the election management, a constituency election commission or its immediate superior election commission may, as prescribed by the National Election Commission, adjust the scope of election affairs to be performed by the election commission in the competent constituency in respect to the relevant election, or may have its subordinate election commission or its members attend to the duties of the constituency election commission. |
| (4) | A member of the subordinate election commission attending to the constituency election affairs as provided in paragraph (3) shall not be counted in the quorum of members of the constituency election commission, and may not take part in voting of the constituency election commission. |
| (5) | In case where the Gu/Si/Gun election commission or the Eup/Myeon/Dong election commission becomes unable to carry out its functions due to natural disasters or other unavoidable reasons, the immediate superior election commission may carry them out as proxy, or may have another election commission carry them out, as proxy, until the competent election commission recovers its functions. In case where another election commission carries them out as proxy, the scope of the affairs to be carried out as proxy shall be prescribed together with them. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | In case where the superior election commission carries out the election affairs as proxy or has others carry them out as proxy under paragraph (5), the acting election commission and the scope of relevant affairs shall be publicly notified without delay, and it shall be reported to the immediate superior election commission. |
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| Article 14 (Commencement of Term of Office) |
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| (1) | The President's term of office shall begin at zero hours of the day following the expiration date of his predecessor's term of office: Provided, That the term of office of the President elected at the election held after the term of his predecessor expires and at the election held due to vacancy shall begin from the time when the return is determined. <Amended by Act No. 6854, Feb. 4, 2003> |
| (2) | The term of office of the National Assembly member and local council member (hereafter referred to as a "member" in this paragraph) shall begin from the day following the day on which his predecessor's term of office expires by the general election: Provided, That the term of office of the member chosen at an election held after the term of office of the member begins or at an election for the increased membership of a local council shall begin from the time his election is decided, and shall be the same as the remaining term of office of his predecessor or a member in the same category. |
| (3) | The term of office of the head of a local government shall begin from the day following the day on which his predecessor's term of office expires: Provided, That the term of office of the head of a local government chosen at an election held after his predecessor's term of office expires or at a new election held as provided in Article 30 (1) 1 through 3 shall begin from the time his election is decided, and shall be the same as the remaining term of his predecessor or the head of a local government in the same category. |
CHAPTER II VOTING FRANCHISE AND ELECTORAL ELIGIBILITY
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| Article 15 (Voting Franchise) |
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| (1) | A national of nineteen years of age or above shall have a voting franchise for the election of the President and the members of the National Assembly. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Persons who fall under any of the following subparagraphs shall be entitled to vote in the elections held to elect the local council members and the head of the local government in the district: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | Korean nationals who are aged 19 or above and whose resident registrations are completed in the district under jurisdiction of the relevant local government as of the date on which the electoral register provided for in the provisions of Article 37 (1) is compiled; and |
| 2. | Foreigners who are aged 19 or above and for whom 3 years lapse from the date on which they obtain their permanent stay statuses pursuant to the provisions of Article 10 of the Immigration Control Act and who are entered in the foreigner registration records of the relevant local government pursuant to the provisions of Article 34 of the Immigration Control Act as of the date on which the electoral register provided for in the provisions of Article 37 (1) is compiled. |
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| Article 16 (Electoral Eligibility) |
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| (1) | A national who is forty years of age or above and who has resided in the country for five years or longer as of the election day shall be eligible for election to the Presidency. In this case, if he has been sent to a foreign country in public service or stayed in a foreign country while having a domicile in the Korean territory for a certain period, he shall be deemed to have stayed in the Korean territory for that period. <Amended by Act No. 5262, Jan. 13, 1997> |
| (2) | A national of twenty-five years of age or above shall be eligible for election as a member of the National Assembly. |
| (3) | A national who is aged 25 years or above and who has registered as a resident in the district under jurisdiction of the local government concerned for sixty consecutive days or longer (from the record date of the electoral register up to the election day consecutively, in case of any person who had been sent to a foreign country in public services and has returned to the Republic of Korea after sixty days before the election day) as of the election day shall be eligible for election for the relevant local council member and the head of the local government. In this case, a period of sixty days shall not be interrupted by establishment, abolition, division, or merger of the local government, or change in the boundary of a district (including a case as provided in Article 28). <Amended by Act No. 5537, Apr. 30, 1998> |
| (4) | In case of paragraph (3), if the office of a local government is located in the area under jurisdiction of another local government, and thus the head of the local government concerned has registered as a resident in the area under jurisdiction of another local government, he shall be deemed to have registered as a resident in the area under jurisdiction of the local government concerned. |
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| Article 17 (Criteria for Calculating Age) |
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The age of the elector and the person eligible for election shall be calculated as of the election day.
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| Article 18 (Disfranchised Persons) |
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| (1) | A person falling under any one of the following subparagraphs, as of the election day, shall be disfranchised: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who is declared incompetent; |
| 2. | A person who is sentenced to imprisonment without prison labor or a heavier punishment, but whose sentence execution has not been terminated or whose sentence execution has not been decided to be exempted; |
| 4. | A person whose voting franchise is suspended or forfeited according to a decision by court or pursuant to other Acts. |
| (2) | For the purpose of paragraph (1) 3, the term "person who commits an election crime" means a person who commits a crime as provided in Chapter XVI Penal Provisions or a crime in violation of the National Referendum Act. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | A person who concurrently commits the crimes referred to in paragraph (1) 3 and other offences shall be tried and sentenced respectively, despite the provisions of Article 38 of the Criminal Act. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 19 (Persons Ineligible for Election) |
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A person falling under any of the following subparagraphs, as of the election day, shall be ineligible for election:
| 1. | A person who falls under Article 18 (1) 1, 3, or 4; |
| 2. | A person who is sentenced to imprisonment without prison labor or a heavier punishment and whose sentence is not invalidated; and |
| 3. | A person whose eligibility for election is suspended or forfeited according to a decision by court or pursuant to other Acts. |
CHAPTER III ELECTION DISTRICTS AND FULL NUMBER OF MEMBERS
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| Article 20 (Election Districts) |
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| (1) | The President and proportional representative National Assembly members shall be elected in the whole country as a unit. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | The proportional representative City/Do council members shall be elected in the relevant City/Do as a unit and the proportional representative autonomous Gu/Si/Gun shall be elected in the relevant autonomous Gu/Si/Gun as a unit, respectively. <Added by Act No. 7681, Aug. 4, 2005> |
| (3) | The National Assembly members of local constituency, the local council members of local constituency (referring to the City/Do council members of local constituency and the autonomous Gu/Si/Gun council members of local constituency; hereinafter the same shall apply) shall be elected in the constituency of the members concerned as a unit. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | The head of a local government shall be elected in the area under jurisdiction of the relevant local government as a unit. |
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| Article 21 (Fixed Number of National Assembly Members) |
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| (1) | The fixed number of the National Assembly members, for local constituency members and proportional representatives combined, shall be 299, but the full number of the National Assembly members for local constituency of each City/Do shall be at least three. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (2) | The fixed number of the National Assembly members to be elected in a single constituency shall be one. |
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| Article 22 (Fixed Number of City/Do Council Members) |
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| (1) | The fixed number of the City/Do council members in a local constituency shall be two for each autonomous Gu/Si/Gun under its jurisdiction (referring to a local constituency for a National Assembly member in a case where one autonomous Gu/Si/Gun is divided into two or more constituencies for the National Assembly members, and referring to an administrative district in a case where a local constituency for a National Assembly member does not coincide with an administrative district due to territorial changes in administrative districts). <Amended by Act No. 5537, Apr. 30, 1998> |
| (2) | In a case where a Si and a Gun are unified into a Si of the urban and rural complex form under Article 7 (2) of the Local Autonomy Act, the full number of the Do council members in such a unified Si, only if an election of the City/Do council members at the expiration of their term of office takes place for the first time after such unification, shall be two in each Si and Gun before such unification, notwithstanding paragraph (1). <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7681, Aug. 4, 2005> |
| (3) | In a Metropolitan City and a Do in which the full number of council members calculated in accordance with the criteria as provided in paragraphs (1) and (2) is fewer than 16, the full number of such Metropolitan City/Do council members shall be 16. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6663, Mar. 7, 2002> |
| (4) | The full number of the proportional representative City/Do council members shall be 10/100 of the full number of the local constituency City/Do council members calculated as provided in paragraphs (1) through (3). In this case, the fraction shall be regarded as one: Provided, That the calculated full number of the proportional representative City/Do council members, if fewer than three, shall be three. <Added by Act No. 4947, Apr. 1, 1995> |
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| Article 23 (Fixed Number of Autonomous Gu/Si/Gun Council Members) |
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| (1) | The total fixed number of the autonomous Gu/Si/Gun council members by the City/Do is as shown in the Appendix 3 and the fixed number of the autonomous Gu/Si/Gun council members shall be determined by the constituency demarcation committee for the autonomous Gu/Si/Gun council members of the relevant City/Do provided for in the provisions of Article 24 within the scope of the total fixed number of the relevant City/Do taking into account the population and the district representation of the autonomous Gu/Si/Gun according to the standards that are set by the National Election Commission Regulations. |
| (2) | The minimum fixed number of the autonomous Gu/Si/Gun council members shall be 7. |
| (3) | The fixed number of the proportional representative autonomous Gu/Si/Gun council members shall be 10/100 of the fixed number of the autonomous Gu/Si/Gun council members. In this case, the fraction shall be deemed one. |
[This Article Wholly Amended by Act No. 7681, Aug. 4, 2005]
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| Article 24 (Constituency Demarcation Committee) |
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| (1) | The Constituency Demarcation Committee for the National Assembly Members shall be set up in the National Assembly and the constituency demarcation committee for the autonomous Gu/Si/Gun council members shall be set up in the relevant City/Do, respectively in order to ensure the fair demarcation of the constituencies for the National Assembly members and the constituencies for the autonomous Gu/Si/Gun council members (hereinafter referred to as the "constituencies for the autonomous Gu/Si/Gun council members"). <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The Constituency Demarcation Committee for the National Assembly Members shall consist of not more than 11 members after a consultation between the Speaker and representative members of the negotiating groups, and such members shall be commissioned from among the persons recommended by the academic circles, legal circles, press circles, civil groups and election commissions. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | The constituency demarcation committee for the autonomous Gu/Si/Gun council members shall be composed of not more than 11 members who are commissioned by the Mayor/Do governor from among the persons recommended by the academic circles, the legal circles, the press circles, the civil groups, the City/Do council and the City/Do election commission. <Added by Act No. 7681, Aug. 4, 2005> |
| (4) | Any National Assembly member, any local council member and any political party member shall be prohibited from becoming a member of the Constituency Demarcation Committee for the National Assembly Members and the constituency demarcation committee for the autonomous Gu/Si/Gun council members (hereinafter referred to as the "Constituency Demarcation Committee"). <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | A member of the Constituency Demarcation Committee shall serve without pay, but he may receive daily allowances, travel expenses, and other actual expenses. |
| (6) | A government agency or local government, when requested by the Constituency Demarcation Committee to provide materials necessary for constituency demarcation activities, shall immediately comply therewith. |
| (7) | The Constituency Demarcation Committee shall prepare a draft constituency demarcation according to the standards provided for in the provisions of Articles 25 (1) and 26 (2). In this case, the Constituency Demarcation Committee for the National Assembly Members shall submit a report containing the grounds of preparing such draft constituency demarcation and other necessary matters to the Speaker of the National Assembly and the constituency demarcation committee for the autonomous Gu/Si/Gun council members shall make such report to the Mayor/Do governor by one year before the election is to be held at the expiration of the terms of office of relevant National Assembly members or the relevant autonomous Gu/Si/Gun council members, respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
| (8) | The Constituency Demarcation Committee for the National Assembly Members shall, in preparing a draft constituency demarcation, provide the political parties having seats in the National Assembly with an opportunity to state their opinions on demarcation of constituencies. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | The constituency demarcation committee for the autonomous Gu/Si/Gun council members shall, when it prepares a draft constituency demarcation, give any political party that holds its seats in the National Assembly and the relevant autonomous Gu/Si/Gun council as well as the head of such council opportunities to state their opinions with respect to such draft constituency demarcation. <Added by Act No. 7681, Aug. 4, 2005> |
| (10) | When the National Assembly revises the provisions governing the constituency for a National Assembly member or the City/Do council revises the Municipal Ordinance governing the local constituency for the autonomous Gu/Si/Gun council members, they shall pay attention to the draft constituency demarcation prepared by the Constituency Demarcation Committee. <Amended by Act No. 7681, Aug. 4, 2005> |
| (11) | Necessary matters concerning the composition and operation of the Constituency Demarcation Committee for the National Assembly Members shall be determined by the National Assembly Regulations and necessary matters concerning the composition and operation of the constituency demarcation committee for the autonomous Gu/Si/Gun council members shall be determined by the Presidential Decree. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 25 (Demarcation of Constituencies for National Assembly Members) |
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| (1) | The election district for a National Assembly member (hereinafter referred to as a "constituency for a National Assembly member") shall be demarcated in the area under jurisdiction of the City/Do, in consideration of the population, administrative districts, geographical features, traffic, and other conditions, but a Gu (including an autonomous Gu), Si (referring to a Si where a Gu is not established), or Gun (hereinafter referred to as a "Gu/Si/Gun") shall not be divided to make part of it belong to another constituency for the National Assembly member: Provided, That the same shall not apply to the case where it is inevitable for satisfying the requirements of the latter part of Article 21 (1). <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | The names and districts of the constituencies for the National Assembly members shall be shown in the Appendix 1. |
<The Appendix 1 is amended by Act No. 7189, March 13, 2004 following the decision of incompatibility with the Constitution which is made by the Constitutional Court>
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| Article 26 (Demarcation of Constituencies for Local Council Members) |
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| (1) | The election district for a City/Do council member (hereinafter referred to as "constituency for a City/Do council member") shall be demarcated by dividing the autonomous Gu/Si/Gun (if an autonomous Gu/Si/Gun consists of two or more constituencies for the National Assembly members, it refers to the constituency for the National Assembly member, and if the election district does not coincide with the administrative district due to a territorial change in the administrative district, it refers to the administrative district), in consideration of the population, administrative districts, geographical features, traffic, and other conditions, but the full number of the City/Do council members of local constituency to be elected in the single constituency for a City/Do council member shall be one and the names and districts of the constituencies for the City/Do council members shall be shown in the Appendix 2. <Amended by Act No. 4947, Apr. 1, 1995> |
| (2) | The constituency of the autonomous Gu/Si/Gun council members shall be demarcated taking into account the population, the administrative district, the geographical feature, the traffic and other conditions, and the fixed number of the autonomous Gu/Si/Gun council members of local constituency to be elected in the single local constituency for the autonomous Gu/Si/Gun council members shall be not less than 2 to not more than 4 and the name and the district of the constituency and the fixed number of the autonomous Gu/Si/Gun council members shall be determined by the City/Do Municipal Ordinance. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | In case where the constituency for the City/Do council members or the autonomous Gu/Si/Gun council members is demarcated pursuant to the provisions of paragraph (1) or (2), one Eup/Myeon/Dong shall not be divided in order to make part of it belong to another constituency for the City/Do council members or other constituency for the autonomous Gu/Si/Gun council members. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7681, Aug. 4, 2005> |
| (4) | The constituency for the autonomous Gu/Si/Gun council members shall be demarcated in the single constituency for City/Do council members and when not less than 4 members of the autonomous Gu/Si/Gun council of local constituency are elected in the single constituency for the City/Do council members, such single constituency may be divided into not less than 2 constituencies. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 27 (Postponement of Election in Case of Change in Constituency for National Assembly Members during Terms of Office) |
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Where any constituency for the National Assembly members changes according to the revision of the Appendix 1, due to an increase or decrease of the population or change in the administrative districts, the elections in such increased or decreased constituencies for the National Assembly members shall not be held until the general election is held at the expiration of the term.
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| Article 28 (Adjustment of Full Number of Local Council Members during Terms of Office) |
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Where the full number of members, constituencies, or districts change in accordance with an increase or decrease of the population, or a change in the administrative districts, the elections in such increased or decreased constituencies shall not be held until the general election is held at the expiration of the terms of office: Provided, That if the district of the local government is changed, or the local government is established, abolished, divided or merged, the full number of the members of the local council concerned shall be adjusted as provided in the following subparagraphs and an election for the increase in the number of members shall be held in the case of subparagraph 3 (proviso), 5 or 6: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7681, Aug. 4, 2005>
| 1. | If the whole district corresponding to a constituency is integrated into another local government due to a district change of local government, the local council member elected in the integrated constituency shall be disqualified as the previous local council member and qualified as a new local council member; if part of the district corresponding to a constituency is integrated into another local government, the local council member elected in the constituency to which the integrated area belongs, shall choose the local council to which he intends to belong within 14 days after the district is changed and report in writing to the local council concerned, and if the chosen local council is not the previous one, he shall be disqualified as the previous local council member and qualified as a new local council member, but his term of office shall be the same as the remaining term of the previous local council membership and, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be regarded as the full number of the local council members, respectively. In this case, the local council member who has acquired the qualification for the membership of the new local council, if having registered as a resident of the district under jurisdiction of the previous local government, shall register as a resident of the district under jurisdiction of the new local government within 14 days after the district is changed, and the local council member, if failing to report the local council to which he intends to belong within 14 days after the district is changed, shall be deemed to have reported to the council of the local government having jurisdiction over the district of which he registered as a resident, as of the 14th day after the district is changed; |
| 2. | If two or more local governments are integrated to become a new local government, the previous local council member shall become a local council member of a new local government of the same category and hold office for his remaining term, and during this remaining term, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the full number of council members, respectively; |
| 3. | If a local government is divided into two or more local governments, the previous local council member shall become a council member of the local government having jurisdiction over the constituency at the time of his candidate registration and hold office for his remaining term, and during this remaining term, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the full number of council members, respectively. In this case, the proportional representative City/Do council members shall choose the City/Do council to which they intend to belong and report in writing their choice to the City/Do council concerned within 14 days after the City/Do is formed after being divided and the proportional representative autonomous Gu/Si/Gun council members shall choose the autonomous Gu/Si/Gun council to which they intend to belong within 14 days from the date on which the relevant autonomous Gu/Si/Gun is formed after being divided and then report in writing their choice to the relevant autonomous Gu/Si/Gun council: Provided, That if the number of incumbent council members is fewer than two thirds of the new full number of members as provided in Article 22 or 23, the election shall be held to fill up the full number of members; |
| 4. | If a Si becomes a Metropolitan City, the previous Si council member and the Do council member who has been elected in the competent area shall be disqualified as the previous local council member, respectively, and qualified as the Metropolitan City council member, but his term of office shall be the remaining term of the previous Do council member and during this remaining term, notwithstanding the provisions of Article 22, the number of incumbent members shall be the full number of the council members; |
| 5. | When an Eup or a Myeon becomes a Si, a new Si council shall be formed and the fixed number of the newly formed Si council members shall be the number calculated by subtracting the fixed number of the Gun council members who are already elected in the relevant constituency from the fixed number that is newly set by the constituency demarcation committee for the autonomous Gu/Si/Gun council members of the relevant City/Do and the Gun council members who are already elected in the relevant constituency shall become the members of the Si council. In this case, the number combined by the fixed number of newly elected members shall be made the total fixed number of the autonomous Gu/Si/Gun council members by the City/Do provided for in the provisions of Article 23; and |
| 6. | In the case of subparagraph 4, when any Gu that is not an autonomous Gu becomes an autonomous Gu, an autonomous Gu council shall be newly formed and the fixed number of the autonomous Gu council members shall be newly determined by the constituency demarcation committee for the autonomous Gu/Si/Gun council members of the relevant City/Do. In this case, the number combined by the newly fixed number of members shall be made the total fixed number of the autonomous Gu/Si/Gun council members by the City/Do provided for in the provisions of Article 23. |
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| Article 29 (Election of Increased Local Council Members) |
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| (1) | The election of increased members as provided in subparagraph 3 (proviso), 5 or 6 of Article 28 shall be based on the new constituency demarcated as provided in Article 22, 23, or 26, but shall be held for the constituency in which there are no previous local council members or the number of the previous local council members falls short of the full number of members. |
| (2) | In the constituency demarcation of paragraph (1), the constituency for the previous local council member shall be the constituency having jurisdiction over his domicile at the time of his candidate registration, and if the number of the previous local council members in a newly demarcated constituency exceeds the new full number of council members for the constituency, the number of members, including those in excess of the new full number, shall be the full number of members for the constituency concerned until the general election is held at the expiration of the term, notwithstanding the provisions of Article 22 or 23. |
| (3) | The affairs concerning the election for increased members as provided in paragraph (1), where the Gu/Si/Gun election commission concerned is not established, may be attended to by the Gu/Si/Gun election commission designated by the City/Do election commission or having previously had jurisdiction over the district concerned. |
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| Article 30 (Election in Case of Abolition, Establishment, Division, and Merger of Local Governments) |
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| (1) | Where a local government is established, abolished, divided, or merged, the head of the local government concerned shall be elected as follows: <Amended by Act No. 4947, Apr. 1, 1995> |
| 1. | Where a new Si, autonomous Gu or Metropolitan City is established, the head of the local government concerned shall be newly elected; |
| 2. | Where a local government is divided into two or more local governments of the same category, the head of the previous local government shall, from among the newly established local governments, become the head of a local government that has jurisdiction over the district in which the office of the previous local government is located and the heads of other new local governments shall be newly elected. In this case, if the office of the previous local government is located in the district under jurisdiction of another local government, which local government shall elect the new head shall be determined at the time when Acts regarding the division of a local government are enacted; |
| 3. | Where two or more local governments of the same category are merged to become a new local government, the heads of the previous local governments shall lose their positions of office and the head of the new local government shall be elected; and |
| 4. | Where a local government is abolished due to the merger into another local government, the head of the abolished local government shall lose his position of office. |
| (2) | Where only the name of a local government changes, the head of the previous local government shall become the head of the changed local government and hold office for the remaining term at the time of such change. |
| (3) | For the purpose of this Act, the term "local government of the same category" means a local government of the same category as provided in Article 2 (1) of the Local Autonomy Act. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 31 (Voting Districts) |
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| (1) | A voting district shall be established in the Eup/Myeon/Dong. |
| (2) | A Gu/Si/Gun election commission may establish two or more voting districts in a Eup/Myeon/Dong. In this case, the Ri (referring to an administrative Ri as provided in Article 4 (5) of the Local Autonomy Act; hereinafter the same shall apply) of the Eup/Myeon may not be divided so that part of it may belong to another voting district. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | A Gu/Si/Gun election commission, upon establishing or changing the voting districts or holding an election, shall publicly notify the names and districts thereof as prescribed by the National Election Commission Regulations. |
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| Article 32 (Change in Districts) |
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| (1) | Even where the area of a constituency, administrative district, or voting district changes somewhere from the record date of the electoral register as provided in Article 37 (1) to the election day, the area shall be deemed not to have changed as far as the election in question is concerned. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Where the name of a local government or its administrative district changes without an actual change in their territorial jurisdiction, the names of the election district and the constituency for the National Assembly member and the name of the administrative district in the district thereof in the City/Do Municipal Ordinances as provided in the Appendixs 1, 2 and 3 and Article 26 (2) shall be deemed to have changed to the name of the changed local government or administrative district. <Amended by Act No. 7681, Aug. 4, 2005> |
CHAPTER IV ELECTION PERIOD AND ELECTION DAY
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| Article 33 (Election Period) |
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| (1) | The election period for each election shall be as follows: <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| 1. | 23 days for the presidential election; |
| 2. | 14 days for the election of the National Assembly members, the local council members and the head of a local government; and |
| 3. | Deleted. <by Act No. 6663, Mar. 7, 2002> |
| (2) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
| (3) | The term "election period" means a period from the day next to the deadline for candidate registration to the election day. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 34 (Election Day) |
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| (1) | The election day for each election to be held at the expiration of the term shall be as follows: <Amended by Act No. 5508, Feb. 6, 1998; Act No. 7189, Mar. 12, 2004> |
| 1. | The presidential election shall be held on the first Wednesday from the 70th day before the expiration of the term of office; |
| 2. | The election of National Assembly members shall be held on the first Wednesday from the 50th day before the expiration of the term of office; and |
| 3. | The election of local council members and the head of each local government shall be held on the first Wednesday from the 30th day before the expiration of the term of office. |
| (2) | Where the election day as provided in paragraph (1) falls on a folk festival day or legal holiday closely related with the lives of the people or the day preceding or following the election day is a legal holiday, the election shall be held on the Wednesday of the following week. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 35 (Special Election Day) |
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| (1) | An election to fill up a presidential vacancy or reelection (excluding a reelection as provided in paragraph (3); hereafter, the same shall apply in paragraph (2)) shall be held within 60 days from the time when the cause for holding the election becomes definite, but the election day shall be publicly announced by the President or acting President not later than 29 days before the election day. |
| (2) | The special election, reelection, election for increased number of members, and the election of the heads of local governments due to an establishment, abolition, division or merger of local governments shall be as follows: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The special election and reelection of the local constituency National Assembly members, local council members and heads of local governments, and the election of local council members for increased number of members, shall be held on the last Wednesday during April in case where the cause for holding the relevant election becomes definite during the period from October 1 of the preceding year to March 31, and on the last Wednesday during October in case where the cause for holding the relevant election becomes definite during the period from April 1 to September 30. In this case, the provisions of Article 34 (2) shall apply mutatis mutandis to the election day; and |
| 2. | The election of the heads of local governments due to an establishment, abolition, division or merger of local governments shall be held within 60 days from the time when the cause for holding the relevant election becomes definite, and its election day shall be publicly announced not later than 20 days before the election day by the chairman of the competent constituency election commission in consultation with the heads (including acting heads) of the relevant local governments. |
| (3) | The reelection as provided in Article 197 shall be held within 30 days after the final judgment or decision is notified, but the competent constituency election commission shall determine the reelection day and publicly announce it. |
| (4) | For the purpose of this Act, the term "special election" means an election as provided in paragraphs (1) through (3) and Article 36. |
| (5) | For the purpose of this Act, the term "time when the cause for holding the election becomes definite" means the day that falls under any of the following subparagraphs: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 1. | The day when the cause therefor occurs, in the case of an election to be held due to a presidential vacancy; |
| 2. | The day when the National Election Commission is in receipt of the notification of relevant causes in the case of a special election for a local constituency National Assembly member, and the day when the competent constituency election commission is in receipt of the said notification in the case of a special election for a member of local council and for the head of a local government; |
| 3. | The day when the cause therefor becomes definite in the case of a reelection (in the case where it has become definite by a judgment or ruling of the court, the day when the competent constituency election commission is in receipt of the notification of such a judgment or ruling). In this case, in the case of reelection under the provisions of Article 195 (2), the time when a cause for holding the special election becomes definite shall be deemed to be the time when a cause for holding the reelection becomes definite; |
| 4. | The day when the Appendix 2 or City/Do Municipal Ordinance concerning the new constituency becomes effective, in the case of an election for increased local council members; |
| 5. | The day when the Acts regarding the establishment, abolition, division, or merger of the local government enter into force, in the case of an election for the head of a local government due to the establishment, abolition, division or merger of the local government; |
| 6. | The day when the postponement of the election is publicly announced as provided in Article 196 (3), in the case of the postponed election; and |
| 7. | The day when the revoting day is publicly announced as provided in Article 36, in the case of revoting. |
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| Article 36 (Election Day of Postponed Election) |
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Where a postponed election as provided in Article 196 is held, the election day shall be determined and publicly announced by the President, in the case of the presidential election and the election for the National Assembly member, and by the chairman of the competent constituency election commission, in the case of the election for the local council member and the head of the local government, and where a revoting as provided in Article 198 is held, the revoting day shall be determined and publicly announced by the chairman of the competent constituency election commission. <Amended by Act No. 6265, Feb. 16, 2000>
CHAPTER V ELECTORAL REGISTER
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| Article 37 (Preparation of Electoral Register) |
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| (1) | Whenever an election is held, the head of Gu (including the head of autonomous Gu, and it is limited to the Dong area, in the case of Si in the urban and rural complex form), the head of Si (referring to the head of Si in which no Gus are established, and it is limited to the Dong area, in the case of Si in the urban and rural complex form), the head of Eup/Myeon (hereinafter referred to as the "head of Gu/Si/Eup/Myeon") shall survey the electors (including foreigners provided for in the provisions of Article 15 (2) 2 in the case of the election of any local government council members and the head of any local government) who have registered as residents of his jurisdictional district 28 days before the election day, in the case of the presidential election; 19 days before the election day, in the case of the election for the National Assembly member, the local council member and the head of a local government (hereinafter referred to as the "record date of the electoral register"), and prepare the electoral register within 5 days from the record date of the electoral register (hereinafter referred to as the "electoral register preparation period"). <Amended by Act No. 4796, Dec. 22, 1994; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | The electoral register shall include the elector's name, address, sex, birth date, and other necessary matters. |
| (3) | No one may enter him in two or more electoral registers in the same election. |
| (4) | The head of Gu/Si/Eup/Myeon, upon preparing the electoral register, shall immediately send a certified copy thereof (including a copy of a computerized materials for preparation of the electoral register) to the competent Gu/Si/Gun election commission. |
| (5) | Where the number of electors in a voting district exceeds 1,000, the electoral register may be divided into fascicles in a way that each fascicle can contain approximately the same number of electors. |
| (6) | The preparation of the electoral register as provided in paragraph (1) may be carried out through a computer system. <Amended by Act No. 7681, Aug. 4, 2005> |
| (7) | Matters necessary for the form of the electoral register and other matters shall be prescribed by the National Election Commission Regulations. |
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| Article 38 (Absentee Report) |
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| (1) | Where a domestic resident (excluding any foreigner provided for in the provisions of Article 15 (2) 2) who is entitled to enter in the electoral register is unable to go to the polling station to cast a vote on the election day, he may make an absentee report in writing to the head of Gu/Si/Eup/Myeon during the electoral register preparation period. In this case, every absentee report by means of mail shall be made by means of registered mail and expenses incurred by the registered mail shall be borne by the State or the relevant local government. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | A person who wishes to make an absentee report as provided in paragraph (1) shall enter in the absentee report form the matters falling under each of the following subparagraphs, and a person who falls under paragraph (3) 1 or 2 shall make the report after obtaining a verification of the head of the organization or establishment whereto he belongs, and a person who falls under paragraph (3) 3 shall do so after obtaining a verification of the head of Tong/Ri/Ban: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Reason for the absentee voting (referring to the reason for a residence voting, in the case of a person who wishes to cast a vote at residence); |
| 2. | Name, sex, and birth date; and |
| (3) | A person falling under any of the following subparagraphs shall be allowed to cast a vote at a residence: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | From among the military servicemen and police officers who live in barracks or on vessels for a long time according to Acts and subordinate statutes, a person who serves in a barrack or on a vessel located as far as making it impossible for him to cast a vote by going to an absentee polling station; |
| 2. | A person who stays for a long time in a hospital or sanatorium and is unable to move freely; |
| 3. | A person who is unable to move freely on the ground of his serious physical disability; |
| 4. | A person who resides on an island that is designated by the National Election Commission Regulations from among remote and isolated islands that make it difficult for their inhabitants to go to polling stations on election days; and |
| 5. | A person who stays for a long time in an area wherein it is difficult to install an absentee polling station, and who is prescribed by the National Election Commission Regulations. |
| (4) | The head of Gu/Si/Eup/Myeon, upon receiving a report as provided in paragraph (1), shall check the entry items of the absentee report form, mark the fact thereof on the electoral register upon confirming the report legitimate, and prepare a separate electoral register for reported absentees, but if the reported absentee is a person who is allowed to cast a vote at a residence under the provisions of paragraph (3) (hereinafter referred to as a "person voting at residence"), he shall be marked on the electoral register for reported absentees. <Amended by Act No. 7189, Mar. 12, 2004> |
| (5) | The head of a Gu/Si/Eup/Myeon, upon preparing the electoral register for reported absentees, shall immediately send a certified copy thereof (including a copy of the computerized materials for preparation of the electoral register for reported absentees) to the competent Gu/Si/ Gun election commission. |
| (6) | The provisions of Article 37 (6) shall apply mutatis mutandis to the preparation of the electoral register for reported absentees. |
| (7) | Matters necessary for the absentee report form, the form of the electoral register for reported absentees, the procedure for confirmation of the reason for residence voting, and other matters shall be prescribed by the National Election Commission Regulations. |
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| Article 39 (Supervision over Electoral Register Preparation) |
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| (1) | The electoral register (including the electoral register for reported absentees; hereafter the same shall apply in this Article) shall be prepared under the supervision of the competent Gu/Si/Gun election commission and the Eup/Myeon/Dong election commission. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | When a public official who is engaged in the preparation of the electoral register is appointed or dismissed, the head of the Gu/Si/Eup/Myeon concerned shall immediately notify the competent Gu/Si/Gun election commission. |
| (3) | A person who has the right to appoint and dismiss a public official to be engaged in the preparation of the electoral register, when wishing to dismiss the public official during the electoral register preparation period, shall consult with the competent Gu/Si/Gun election commission or its immediate superior election commission. |
| (4) | If a public official who is engaged in the preparation of the electoral register, without a justifiable reason, fails to comply with directions, orders, or demands for correction from the competent Gu/Si/Gun election commission or the Eup/Myeon/Dong election commission, neglects to carry out his duties, or commits an illegal or wrongful act, with respect to the preparation of the electoral register, the competent Gu/Si/Gun election commission or its immediate superior election commission may demand that the person who has the right to appoint or dismiss him replace him. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | A person who has the right to appoint or dismiss a public official to be engaged in the preparation of the electoral register, upon receiving the demand for replacement as provided in paragraph (4), shall comply with it, unless there is a justifiable reason. |
| (6) | and (7) Deleted. <by Act No. 5537, Apr. 30, 1998> |
| (8) | No person shall interfere with electoral register preparation affairs or take an act having influence on the preparation of the electoral register in any other way. <Amended by Act No. 5537, Apr. 30, 1998> |
| (9) | The notification of matters on appointment and dismissal of public officials engaged in the preparation of the electoral register, and other necessary matters, shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5537, Apr. 30, 1998> |
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| Article 40 (Public Inspection of Electoral Register) |
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| (1) | The head of Gu/Si/Eup/Myeon shall offer the electoral register for public pursual in a predetermined place for 3 days beginning on the date following the date on which the electoral register preparation period expires and the head of Gu/Si/Gun shall take technical measures in order for electors to persue the electoral register in the Internet homepage that is opened and operated by the relevant Gu/Si/Gun. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Every elector may freely persue the electoral register: Provided, That the perusal of the electoral register on the Internet homepage referred to in the provisions of paragraph (1) shall be limited to the information pertaining to the elector himself. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The head of Gu/Si/Eup/Myeon shall publish the place, the period, the address of the Internet homepage and perusal methods referred to in paragraph (1) no later than three days before the beginning of public inspection. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 41 (Objection and Decision) |
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| (1) | An elector, upon finding an omitted or misspelled entry or an ineligible elector in the electoral register, may file an objection orally or in writing with the head of the Gu/Si/Eup/Myeon concerned during the inspection period. |
| (2) | The head of Gu/Si/Eup/Myeon, upon receiving the objection as provided in paragraph (1), shall examine and decide on it, by the date following the date when the objection is raised, but if deciding that the objection is well-grounded, shall immediately correct the electoral register and notify the person who has raised the objection, the person concerned and the competent Gu/Si/Gun election commission thereof, and if deciding that the objection is groundless, shall notify the person who has filed the objection and the competent Gu/Si/Gun election commission thereof. |
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| Article 42 (Appeal of Dissatisfaction and Decision) |
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| (1) | A person who has filed an objection or the person concerned, when dissatisfied with the decision as provided in Article 41 (2), may file an appeal of dissatisfaction in writing with the competent Gu/Si/Gun election commission by the date following the date when the notification is received. |
| (2) | The competent Gu/Si/Gun election commission, upon receiving an appeal as provided in paragraph (1), shall examine and decide on it, by the date following the date when the appeal is filed, but if deciding that the appeal is well-grounded, shall immediately notify the head of the Gu/Si/Eup/Myeon concerned thereof so that the head can correct the electoral register and notify the person who has filed the appeal and the person concerned, and if deciding that the appeal is groundless, shall notify the person who has filed the appeal and the head of the Gu/Si/Eup/Myeon concerned. |
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| Article 43 (Relief of Persons Omitted in Electoral Register) |
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| (1) | Where a rightful elector is found to be omitted in the electoral register because of an error of the head of Gu/Si/Eup/Myeon from the day following the date when the objection period expires as provided in Article 41 (1) to the day preceding the date when the electoral register becomes final as provided in Article 44, the elector in question or the head of the Gu/Si/Eup/Myeon concerned may request the competent Gu/Si/Gun election commission in writing to enter the omitted person in the electoral register, by appending prima facie materials such as a certified copy of his resident registration card. |
| (2) | The competent Gu/Si/Gun election commission, upon receiving a request as provided in paragraph (1), shall examine and decide on it by the day following the date when the request is submitted, but if deciding that it is well-grounded, shall immediately notify the head of the Gu/Si/Eup/Myeon concerned thereof so that the head can correct the electoral register and notify the person who has submitted the request thereof, and if deciding that it is groundless, shall notify the person who has submitted the request and the head of the Gu/Si/Eup/Myeon concerned. |
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| Article 44 (Finalization and Effects of Electoral Registers) |
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The electoral register shall become final seven days before the election day and the electoral register for reported absentees shall become final on the day following the date when the absentee report period expires, and such electoral registers shall be valid for the election concerned.
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| Article 45 (Re-preparation of Electoral Registers) |
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| (1) | Where the electoral register (including the one for reported absentees; hereafter, the same shall apply in this Article) is destroyed or damaged due to a natural disaster or other accidents, the head of Gu/Si/Eup/Myeon shall prepare a new electoral register if it is necessary for the election to do so: Provided, That where there exists a certified copy of the electoral register sent under Articles 37 (4) and 38 (5), the electoral register may be required not to be prepared again. |
| (2) | The re-preparation, public inspection, finalizations and valid term of the electoral register as provided in the main sentence of paragraph (1) and other necessary matters, shall be prescribed by the National Election Commission Regulations. |
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| Article 46 (Delivery of Register Copy) |
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| (1) | Where the head of Gu/Si/Eup/Myeon receives a request from any candidate [excluding any candidate for the proportional representative National Assembly member and any candidate for the proportional representative local council member (referring to the proportional representative City/Do council member and the proportional representative autonomous Gu/Si/Gun council member; hereinafter the same shall apply)], any election campaign manager (excluding any election campaign manager for the election of the proportional representative National Assembly member and the election of the proportional representative local council member) or the chief of the election campaign liaison office, he shall issue within 24 hours a copy of the prepared electoral register or electoral register for reported absentees or copies of the computerized data thereof to the person who has made the request thereof. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (2) | The request for issuance of a copy of the electoral register or electoral register for reported absentees or copies of the computerized data thereof as provided in paragraph (1) shall be submitted in writing to the head of the Gu/Si/Eup/Myeon concerned by the day following the closing date of candidate registration. <Amended by Act No. 6265, Feb. 16, 2000> |
| (3) | The person who makes a request for issuance of a copy of the electoral register or electoral register for reported absentees or copies of the computerized data thereof as provided in paragraph (2) shall pay the fees for the preparation of the copy at the time of the request. <Amended by Act No. 6265, Feb. 16, 2000> |
| (4) | The person who has been issued with a copy of the electoral register or electoral register for reported absentees or copies of the computerized data thereof as provided in paragraph (1) shall not transfer or lend it to another person, nor shall use it for the purpose of economic advantage or other profit-making. <Amended by Act No. 6265, Feb. 16, 2000> |
| (5) | The request for issuance of the copy of the electoral register and electoral register for reported absentees or copies of the computerized data thereof, payment of fees, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 47 (Recommendation of Candidates by Political Parties) |
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| (1) | A political party may recommend its member as a candidate (hereinafter referred to as a "party-recommended candidate") within the limit of the full number to be elected in each constituency in an election: Provided, That in the case of the proportional representative autonomous Gu/Si/Gun council members, the political party may recommend its members as candidates in excess of the scope of the fixed number. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | When any political party intends to recommend its members as candidates pursuant to the provisions of paragraph (1), it shall do so according to democratic procedures. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | When any political party intends to recommend its members as candidates to run in the proportional representative National Assembly member election and candidates to run in the proportional representative local council member election, such political party shall recommend not less than 50/100 of the candidates from among women and recommend candidates falling under every odd number in order of the candidate roll from among women. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | When any political party intends to recommend its members as candidates to run in the election for National Assembly members of local constituency and in the election for local council members of local constituency after their terms of office expire, such political party shall work to recommend not less than 30/100 of the total number of the candidates to run in the election for nationwide constituencies from among women. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 48 (Recommendations of Candidates by Electors) |
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| (1) | Electors who have registered as residents in any constituency may recommend anyone who is not a member of any political party as a candidate (hereinafter referred to as the "independent candidate") to run in the election for the relevant constituency by each election (excluding the proportional representative National Assembly member election and the proportional representative local council member election). <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | A person who wishes to be an independent candidate shall obtain recommendations of electors as provided in the following subparagraphs, using the recommendation letters which are approved, sealed and issued by the competent constituency election commission from five days before the beginning of the application for candidate registration (30 days before the beginning of the application for candidate registration, in the case of an election to be held at the expiration of the presidential term; 3 days after the cause becomes definite, in the case of an election due to the presidential vacancy): <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | In the case of a presidential election: Recommendations of 2,500 to 5,000 electors who are divided into 5 or more Cities/Dos, each of which includes 500 or more electors who have made resident registrations; |
| 2. | In the case of an election of a local constituency National Assembly member or the head of an autonomous Gu/Si/Gun: Recommendations of 300 to 500 electors; |
| 3. | In the case of an election of a local constituency City/Do council member: Recommendations of 100 to 200 electors; |
| 4. | In the case of an election of the Mayor/Do governor: Recommendations of 1,000 to 2,000 electors who are divided into a third or more autonomous Gu/Si/Gun in the relevant City/Do, each of which includes 50 or more electors who have made resident registrations; and |
| 5. | In the case of an election of the autonomous Gu/Si/Gun council members of local constituency: Recommendations of 50 to 100 electors: Provided, That in the case of a constituency with a population of fewer than 1,000: Recommendations of 30 to 50 electors. |
| (3) | In case of paragraph (2), the candidate shall not be recommended with a recommendation letter with no seal of approval or by electors in excess of the upper limit of recommending electors. |
| (4) | The form, request for issuance, and issuance of a letter of recommendation of elector, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 49 (Registration, etc. of Candidates) |
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| (1) | A candidate shall apply for candidate registration in writing to the competent constituency election commission for two days (hereinafter referred to as the "candidate registration period") from the 24th day before the election day in the case of the presidential election, and from the 15th day before the election day in the case of an election of a National Assembly member, a local council member and the head of a local government (hereinafter referred to as the "beginning day of the application for candidate registration"). <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (2) | The registration of a party-recommended candidate shall be applied for by the political party which has recommended the candidate in the case of the presidential election, the election of a proportional representative National Assembly member, and the proportional representative local council member, and by the person who wishes to be a partyrecommended candidate in the case of an election of a National Assembly member of local constituency, a local council member of local constituency, and the head of a local government, but the application for registration shall be accompanied by the recommendation letter which is signed and sealed by the representative of the recommending political party and the acceptance letter of the candidate (limited to cases of the presidential election and the election of a proportional representative National Assembly member and a proportional representative local council member). In this case, the application for registration of a candidate for the proportional representative National Assembly member and the proportional representative local council member shall be accompanied by the roll of candidates whose ranking is decided by the recommending political party. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (3) | A person who intends to be an independent candidate shall submit an application for registration along with recommendation letters (in a single or plural entry, and the seal between pages is not required) signed and sealed by electors (thumbmarks are not permitted) as provided in Article 48. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | A person who applies for registration of a candidate as provided in paragraphs (1) through (3), shall submit the documents falling under the following subparagraphs, and pay the deposit money as provided in Article 56 (1): <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 7850, Mar. 2, 2006> |
| 1. | Testimonial documents on eligibility for election as prescribed by the National Election Commission Regulations; |
| 3. | A report on military service records as provided in Article 9 (1) of the Act on the Report and Disclosure of Military Service Records of Public Officials; |
| 4. | A certificate of the payment or default (excluding any default of not more than 100,000 won or for not more than 3 months) of the income tax (limited to a case where it is intended to submit such certificate of the income tax that is withheld at source pursuant to the provisions of Article 127 (1) of the Income Tax Act), the property tax and the global real estate tax for the latest five years by the candidate, his spouse and lineal ascendants and descendants (excluding his married daughter, his grandfather and grandmother on his mother side and his daughter's sons and daughters). In this case, the lineal ascendant of the candidate may refuse to submit the certificate of his payment or default of taxes; |
| 5. | A certificate of criminal records of punishment of an imprisonment without prison labor or heavier (including the invalidated punishment; hereafter in this Article referred to as the "criminal record"); and |
| 6. | A certificate of final academic background relating to the regular academic background recognized by the Elementary and Secondary Education Act and the Higher Education Act (hereinafter referred to as the "regular academic background"), and each certificate relating to the academic background completed in a foreign educational institution corresponding to the domestic regular academic background. In this case, an academic background the certificate of which is required to be submitted shall be limited to the academic background which is stated or to be stated in the printed matters provided for in Article 60-3 (1) 4, posters provided for in Article 64 and election campaign bulletins provided for in Article 65 and on the Internet homepage operated by the candidate. |
| (5) | The competent constituency election commission shall get any preliminary candidate to furnish the documents referred to in each subparagraph of paragraph (4) when he files an application for the registration of a preliminary candidate under Article 60-2 or may get him to add or supplement such documents until the time when he files such application for candidate registration, notwithstanding the provisions of paragraph (4). <Added by Act No. 7681, Aug. 4, 2005> |
| (6) | A member of a political party shall not register as an independent candidate, and shall not register as a candidate for the election concerned if seceding from the party, changing his membership, or holding two or more memberships at the same time during the candidate registration period (including the time of application for candidate registration). This provision shall also apply to the case where he loses his party membership due to the dissolution of the party, the cancellation of registration, or the central party's revocation of its approval of the formation of a City/Do party. <Amended by Act No. 7189, Mar. 12, 2004> |
| (7) | The application for candidate registration shall be accepted from 9:00 A.M. through 5:00 P.M. everyday, regardless of a legal holiday. |
| (8) | The competent constituency election commission shall, upon receiving an application for candidate registration, immediately accept it, but shall not accept an application for registration when the written application for registration, a recommendation letter from the political party and the candidate's acceptance letter, recommendation letters of electors, deposit money, and the documents under paragraph (4) 2 through 5, are not appended, or the ratio and order in the recommendation of female candidates (limited to the election of the proportional representative City/Do council members) provided for in the provisions of Article 47 (3) are violated: Provided, That even though the documents attesting to the candidate's eligibility for election are not appended, the competent constituency election commission shall accept such application and then investigate the facts thereof, and the agencies or organizations which receive a request for such investigation shall verify the fact thereof without delay and make a reply to the competent constituency election commission. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | The competent constituency election commission shall, within 15 days after the elected person is finalized, send a copy of the reports on properties subject to registrations which have been submitted by the relevant elected person under paragraph (4) 2 to the relevant public service ethics committee as provided in Article 9 of the Public Service Ethics Act. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (10) | Any person who intends to become a candidate or any political party may make a reference of the criminal records of the principal or any party member wishing to become a candidate to the head of the national police station having jurisdiction over the address of the person wishing to become a candidate from 150 days prior to the commencing date of election period, and the head of such national police station shall without delay make a reply of such criminal records. In this case, the replied criminal records shall be concurrently submitted at the time of candidate's registration, and the competent constituency election commission may, in regard to the candidate for whom such a verification is necessary, make without delay, after the deadline of candidates' registration, a reference of the criminal records of such candidate to the chief of the public prosecutor's office having jurisdiction over the relevant constituency, and the chief of the relevant public prosecutor's office shall make a reply of whether or not the said criminal records are genuine. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 7849, Feb. 21, 2006> |
| (11) | Any one may, during the election period, peruse the criminal records which are received by the competent constituency election commission under paragraph (10). <Added by Act No. 6265, Feb. 16, 2000> |
| (12) | The competent constituency election commission shall open to the public the documents which have been submitted or replied under paragraphs (4) 2 through 6 and (10) so as to make the electors become aware thereof: Provided, That it shall not open the said documents after the election day. <Added by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (13) | and (14) Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (15) | The application form for candidate registration, the recommendation letter form, the methods of offering documents that are submitted and delivered for public perusal and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 50 (Prohibition from Cancelling and Changing Recommendation of Candidates) |
|
| (1) | The political party shall not cancel or change its recommendation of a registered candidate once the candidate is registered, and shall not make an addition to or change the order in the roll of candidates for the proportional representative National Assembly members (including the roll of candidates for the proportional representative local council members; hereafter the same shall apply in this paragraph): Provided, That where the registration becomes invalid due to a cause other than the resignation or death of the party-recommended candidate, the expulsion of him from the political party to which he belongs, or the central party's revocation of approval of a formation of City/Do party during the candidate registration period, an exception shall be made, but if any candidate is added to the roll of candidates for the proportional representative National Assembly members, the order of such candidate shall come after those already registered. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | Every elector shall not cancel or change his recommendation for any candidate. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7681, Aug. 4, 2005> |
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| Article 51 (Supplementary Registration) |
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Where a party-recommended candidate for the presidential election dies during or after the candidate registration period, the candidate registration may be applied for as provided in Articles 47 and 49 no later than the fifth day from the close of the candidate registration period. <Amended by Act No. 6265, Feb. 16, 2000>
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| Article 52 (Nullification of Registration) |
|
| (1) | The registration of a candidate shall become null in case where any of the following occurs after the candidate is registered: <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The candidate is found to be ineligible for the election; |
| 2. | The recommendation is found to have been made in excess of the full number to be elected by constituency in violation of the main sentence of Article 47 (1), the ratio and precedence of the recommendation of female candidates to run in the election of the proportional representative City/Do council members provided for in paragraph (3) of the same Article are found to have violated, or the number of recommending electors as provided in Article 48 (2) is found to be insufficient; |
| 3. | The candidate is found to have failed to submit the documents under Article 49 (4) 2 through 5; |
| 4. | The candidate is found to have registered in violation of the provisions of Article 49 (6); |
| 5. | The candidate is found to have registered in violation of the provisions of Article 53 (1) and (3); |
| 6. | The party-recommended candidate secedes from the party, changes to another party, or is a member of two or more parties (including the case where he is a member of two or more parties at the time of candidate registration); the political party to which he belongs is dissolved or cancels its registration; or the central party revokes an approval of the formation of a City/Do party; |
| 7. | An independent candidate becomes a member of a political party; and |
| 8. | The candidate is found to have registered in violation of the provisions of Articles 57-2 (2) and 266 (2). |
| (2) | Where a candidate has registered as a candidate for other constituencies in the same election or as a candidate for other elections, all his registrations shall become nullified. <Amended by Act No. 6265, Feb. 16, 2000> |
| (3) | Where the registration of a candidate becomes nullified, the competent constituency election commission shall immediately notify the candidate and the political party which has recommended him of the facts thereof, specifying the reason for registration nullification. |
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| Article 53 (Candidacy of Public Officials) |
|
| (1) | A person who falls under any one of the following subparagraphs and who intends to be a candidate, shall resign his post sixty days before the election day (before the application for candidate registration, in case of the elections of the proportional representative National Assembly members or the proportional representative local council members and a special election, etc. and in case where any National Assembly member runs for the election of the head of a local government, and any local council member runs for the election of another local council member or the head of another local government): Provided, That the same shall not apply to the case where any National Assembly member runs for the presidential election or the election of the National Assembly members with his present post held, and where any local council member or the head of a local government runs in the election of local council members or the head of the local government with his present post held: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| 2. | A member of the election commission of each level or a member of the educational committee; |
| 3. | A person who has the status of a public official as prescribed by other Acts and subordinate statutes; |
<This subparagraph is amended by Act No. 5127, Dec. 30, 1995, as it has been decided to be unconstitutional by the Consitutional Court on Jun. 12, 1995>
| 8. | A journalist as prescribed by the Presidential Decree. |
| (2) | In the application of paragraph (1), the person concerned shall be deemed to have resigned his office at the time when the letter of his resignation is accepted by the head of the institution to which he belongs, or by the committee to which he belongs. |
| (3) | Notwithstanding paragraph (1), the head of a local government shall, where he intends to run for an election of a National Assembly member for a local constituency which is the same as or overlapping with his jurisdictional area, resign from his post no later than 120 days before the election day. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6988, Oct. 30, 2003> |
<This paragraph is amended by Act No. 6988, Oct. 30, 2003, as it has been decided to be unconstitutional by the Consitutional Court on Sep. 25, 2003>
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| Article 54 (Report on Resignation of Candidate) |
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A candidate shall, in case where he intends to resign, come in person to the competent constituency election commission and report such resignation in writing, but in case where a party-recommended candidate intends to resign, he shall submit his resignation letter along with a letter of approval on resignation from the political party which recommended him.
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| Article 55 (Public Notification of Candidate Registration, etc.) |
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Where a candidate is registered, resigns his office or dies, or his registration becomes nullified, the constituency election commission concerned shall immediately notify the public thereof, make report to its superior election commission, and notify its subordinate election commission thereof.
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| Article 56 (Deposit Money) |
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| (1) | A person who applies for a candidate registration shall pay the following deposit money per candidate to the competent constituency election commission at the time of the application for registration, pursuant to the National Election Commission Regulations: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6518, Oct. 8, 2001; Act No. 6663, Mar. 7, 2002> |
| 1. | 500 million won, in the case of the presidential election; |
| 2. | 15 million won, in the case of an election of a National Assembly member; |
<This paragraph is amended by Act No. 6518, Oct. 8, 2001, as it was decided to be unconstitutional by the Consitutional Court on Jul. 19, 2001>
| 3. | 3 million won, in the case of an election of a City/Do council member; |
| 4. | 50 million won, in the case of an election of the Mayor/Do governor; |
| 5. | 10 million won, in the case of an election of the head of an autonomous Gu/Si/Gun; and |
| 6. | 2 million won, in the case of an election of an autonomous Gu/Si/Gun council member. |
| (2) | The deposit money as provided in paragraph (1) shall not be subject to disposition for arrears or compulsory execution. |
| (3) | The fines for negligence as provided in Article 261 and the expenses for any vicarious execution against illegal facilities as provided in Article 271 shall be borne with the deposit money as provided in paragraph (1). |
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| Article 57 (Return, etc. of Deposit Money) |
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| (1) | The constituency election commission shall return to the depositor the amount that remains after deducting the expenses to be borne with the deposit money under the provisions of Article 56 (3) from the relevant amount pursuant to classifications falling under each of the following subparagraphs within 30 days from the election day: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election, the election of the National Assembly members of local constituency, the election of the local council members of local constituency and the election of the heads of local governments: |
| (a) | Whole amount of the deposit money in case where the candidate has been elected or has deceased, and where he has obtained 15/ 100 or more of gross number of valid votes; and |
| (b) | Amount equivalent to 50/100 of the deposit money in case where the candidate has obtained not less than 10/100 but less than 15/ 100 of gross number of valid votes; and |
| 2. | The election of the proportional representative National Assembly members and the election of the proportional representative local council members: Whole amount of the deposit money when there exists any elected person from among those listed in the relevant roll of candidates. |
| (2) | The deposit money not to be returned under the provisions of paragraph (1) shall be reverted to the State or the local government within 30 days from the election day. In this case, if the expenses to be borne with the deposit money pursuant to the provisions of Article 56 (3) exceed the deposit money not to be returned to the relevant depositor, the depositor shall, pursuant to the notification of the relevant constituency election commission, pay the said excessive amount to the constituency election commission within 10 days from the day on which the relevant depositor received the said notification, and if he fails to make payment within the said period, the State or the relevant local government shall preferentially disburse the amount, and thereafter entrust the collection of the said excessive amount to the chief of the competent tax office, and the said chief shall collect it by referring to the practices of dispositions on default of national taxes, and he shall pay the collected amount to the State or the relevant local government. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (3) | and (4) Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (5) | The return and reversion of the deposit money, and other necessary matters, shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000> |
CHAPTER VI-2 INTRA-PARTY COMPETITION TO RECOMMEND CANDIDATES OF POLITICAL PARTIES
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| Article 57-2 (Intra-Party Competition for Recommending Candidates) |
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| (1) | Every political party may recommend candidates through intra-party competition (hereinafter referred to as the "intra-party competition") to run in the elections for public offices. |
| (2) | In case where any political party holds the intra-party competition [including any poll instead of the intra-party competition, which is conducted on persons who are listed as candidates for the intra-party competition (hereinafter referred to as "candidates for the intra-party competition") according to the party's constitution, regulations or a written agreement that is reached among candidates], anyone who fails to be elected as a candidate of the relevant political party shall be prohibited from being registered as a candidate to run in the relevant election of the same constituency: Provided, That the same shall not apply to a case where anyone who is elected as a candidate is disqualified after he renounces his candidacy, dies, loses his right to be elected or gives up or changes his party affiliation. |
| (3) | Anyone who is disqualified as a member of any political party according to the provisions of Article 22 of the Political Parties Act shall be prohibited from becoming an elector in the intra-party competition. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 57-3 (Intra-Party Competition Campaign) |
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| (1) | In the intra-party competition that is held by party members with non-party members granted rights by the relevant political party to vote in such intra-party competition, the competition campaign shall not be waged in other way than the way falling under any of the following subparagraphs: |
| 1. | The way provided for in the provisions of Article 60-3 (1) 1 through 3; |
| 2. | The way by which campaign materials of one kind, which are prepared by any candidate for the intra-party competition (hereafter in this Article referred to as "competition campaign materials"), are distributed only once; and |
| 3. | The way by which political parties hold joint stump speeches or joint debates indoors. |
| (2) | When any political party distributes the competition campaign materials and holds joint stump speeches or joint debates in the ways referred to in the provisions of paragraph (1) 2 or 3, the political party shall make a report thereon to the competent constituency election commission. |
| (3) | Expenses required to wage any competition campaign in violation of the provisions of paragraph (1) shall be deemed election expenses provided for in the provisions of Article 119. |
| (4) | The preparation of the competition campaign materials referred to in paragraph (1) 2, the report referred to in paragraph (2) and other necessary matters shall be determined by the National Election Commission Regulations. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 57-4 (Commission of Intra-Party Competition Clerical Services) |
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| (1) | Political parties eligible for the distribution of subsidies according to the provisions of Article 27 of the Political Fund Act may commission clerical services involving the competition campaign, the voting and the vote counting from among their clerical service of the intra-party competition to the competent constituency election commission in charge of the relevant election. |
| (2) | In case where the competent constituency election commission renders the clerical services involving the voting and vote counting of the intraparty competition provided for in the provisions of Article 57-3 (1) according to the commission referred to in paragraph (1), expenses required therefor shall be borne by the State: Provided, That allowances paid to official witnesses in charge of overseeing the voting and vote counting shall be borne by the relevant political parties. |
| (3) | In case where political parties commission their clerical services involving the intra-party competition pursuant to the provisions of paragraph (1), specific procedures and necessary matters shall be determined by the National Election Commission Regulations. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 57-5 (Prohibition from Buying Party Members, etc.) |
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| (1) | No one shall perform the act of offering money and goods, property interest or private and public post, or expressing the intention of offering them to any competitor (referring to the person who is entered in the electoral register of the intra-party competition) or his spouse, lineal ascendant or descendant with the aim of helping him win his candidacy or preventing him from wining the candidacy in the intra-party competition, irrespective of the former's pretext: Provided, That the same shall not apply to any customary act that is prescribed by the National Election Commission Regulations. |
| (2) | No one shall perform the act of offering the benefits, etc. referred to in the provisions of paragraph (1) to any candidate (including anyone who intends to become a candidate; hereafter in this paragraph, the same shall apply) with the aim of preventing him from becoming a candidate in the intra-party competition or getting him to renounce his candidacy and every candidate shall not accept the offer of any benefits and any post or approve the intention of offering such benefits and such post. |
| (3) | No one shall direct, induce or coerce to perform the act referred to in the provisions of paragraphs (1) and (2). |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 57-6 (Raising of Objection to Commissioning of Intra-Party Competition) |
|
In case where any political party commissions the holding of its intraparty competition pursuant to the provisions of Article 57-4, any objection to the effects of the competition and election shall be raised to the relevant political party. [This Article Added by Act No. 7681, Aug. 4, 2005]
CHAPTER VII ELECTION CAMPAIGN
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| Article 58 (Definition, etc.) |
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| (1) | For the purpose of this Act, the term "election campaign" means an act for winning an election, or for making another person be or not be elected: Provided, That the acts falling under the following subparagraphs shall not be deemed to be an election campaign: <Amended by Act No. 6265, Feb. 16, 2000> |
| 1. | A simple statement of opinion or manifestation of an intention on the election; |
| 2. | An act of preparing candidacy and election campaign; |
| 3. | A simple statement of opinion on support or opposition to the recommendation of a political party's candidate, or manifestation of an intention thereof; and |
| 4. | Ordinary political party activities. |
| (2) | Any person may freely canvass for an election. But where such canvassing is prohibited or restricted by this Act or other Acts, this provision shall not apply. |
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| Article 59 (Election Campaign Period) |
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An election campaign may be allowed during the period from the day next to the closing date of candidate registration, to the day before the election day: Provided, That the same shall not apply to the case falling under any one of the following subparagraphs: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
| 1. | Where any preliminary candidate, etc. wages the election campaign pursuant to the provisions of Article 60-3 (1) and (2); |
| 2. | Deleted; and <by Act No. 7681, Aug. 4, 2005> |
| 3. | Where a candidate or a person intending to become a candidate conducts election campaigns by utilizing the Internet homepages opened by himself. |
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| Article 60 (Persons Barred from Election Campaign) |
|
| (1) | A person who falls under any one of the following subparagraphs shall not engage in an election campaign: Provided, That where the person falling under subparagraphs 4 through 8 is a spouse of a candidate, this provision shall not apply: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who is not a national of the Republic of Korea; |
| 2. | A minor (referring to a person who is below the age of 19; hereinafter the same shall apply); |
| 3. | A disfranchised person as provided in Article 18 (1); |
| 5. | A person who falls under Article 53 (1) 2 through 8 (including a fulltime employee in case of subparagraphs 4 through 6); |
| 6. | An officer higher than a platoon leader of the Homeland Reserve Forces; |
| 7. | The head of Tong/Ri/Ban, and the members of the residents' selfgoverning committee (referring to the committee set up by competent district of the Eup/Myeon/Dong offices by the Municipal Ordinances for the purpose of operating the residents' self-governing center; hereinafter the same shall apply) which is established in the self-governing center of Eup/Myeon/Dong residents (calling collectively various facilities for culture, welfare and convenience set up by the Municipal Ordinance as a part of conversion of the function of Eup/Myeon/Dong offices, regardless of their names; hereinafter the same shall apply); |
| 8. | A full-time officer or employee of the organization which is a national movement organization established pursuant to special Acts and which the State or local government has invested in or subsidized (referring to the Righteous Living Campaign Council, the Saemaul Movement Council, the Korea Freedom League), and the representatives of these organizations, etc. (including the City/Do organizations and Gu/Si/Gun organizations); and |
| 9. | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (2) | An officer higher than a platoon leader of the Homeland Reserve Forces, the members of the residents' self-governing committee, or the head of Tong/Ri/Ban, when wishing to be an election campaign manager, chief of an election liaison office, election worker, accountant in charge, election campaign speechmaker, interviewer, debater, or voting or absentee voting witnesses, shall resign his office no later than 90 days before the election day (in the case of a special election, etc., within five days from the time when the cause for holding the election becomes final), and shall not be reinstated in his former office within six months (not later than the election day in case of the members of the residents' self-governing committee) after the election. In this case, the provisions of Article 53 (2) shall apply mutatis mutandis, with respect to the time when he is deemed to have resigned his office. <Amended by Act No. 6663, Mar. 7, 2002> |
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| Article 60-2 (Registration of Preliminary Candidates) |
|
| (1) | A person who intends to become a preliminary candidate (excluding the election for proportional representative National Assembly members and the election for proportional representative local council members) shall file in writing an application for a registration of preliminary candidate with the constituency election commission concerned by appending the verification documents concerning a right to be elected from the day falling under any of the following subparagraphs (in the special election, etc. which the causes for holding have become definite after the day falling under any of the following subparagraphs, the time when the causes for holding the said election have become definite): <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election: |
240 days before the election day;
| 2. | The election of the National Assembly members of local constituency and the election of the Mayor/Do governor: |
120 days before the election day; and
| 3. | The election of the local council members of local constituency and the election of the head of autonomous Gu/Si/Gun: |
60 days before the day when the election period commences.
| (2) | When there exists any cause falling under any one of the following subparagraphs after a registration of preliminary candidate, the registration of the said preliminary candidate shall be invalid: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | When it is found that he has no right to be elected; |
| 2. | When it is found that he corresponds to the person who is incapable of standing as a candidate with holding his post under the provisions of Article 53 (1) and (3); and |
| 3. | When it is found that he corresponds to the person who is incapable of becoming a candidate under the provisions of Articles 57-2 (main sentence) and 266 (2). |
| (3) | When a preliminary candidate intends to resign, he shall directly file in writing a report thereon with the relevant constituency election commission. |
| (4) | The election commission in receipt of an application for registration under paragraph (1) shall promptly accept it, but for the preliminary candidate for whom it is deemed a verification is necessary with regard to the right to be elected, the said commission may call on the head of related agency to inquire into the necessary matters, and the head of related agency in receipt of such an inquiry shall promptly investigate the relevant matters and make a reply thereto. |
| (5) | Provisions of Article 52 (2) shall apply mutatis mutandis to the registration of preliminary candidates. In this case, the term "candidate" shall be deemed to be a "preliminary candidate". |
| (6) | Anyone who registers him as a candidate pursuant to the provisions of Article 49 shall be deemed concurrently a preliminary candidate during the candidate registration period. <Added by Act No. 7681, Aug. 4, 2005> |
| (7) | An application form for a registration of preliminary candidate, evidential documents relating to the right to be elected, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 60-3 (Election Campaigns by Preliminary Candidates, etc.) |
|
| (1) | Any preliminary candidate may wage an election campaign in the way falling under any one of the following subparagraphs: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | Acts to establish an election campaign office under the provisions of Article 61 (1) and (6) (proviso), or to install or post the signboards, tablets or hanging placards at the said election campaign office; |
| 2. | Acts to personally hand out the name cards of not more than nine centimeters long and not more than five centimeters wide, that state his own name, photograph, telephone number, academic background (referring to the regular academic background and the academic background completed in foreign educational courses corresponding thereto), career and other matters necessary for publicity in order to appeal for support from voters: Provided, That the same shall not apply to the act of offering such name cards to the voters to appeal for support from them at the premises of subway stations and other open places where the multitudes pass or gather and which are stipulated by the National Election Commission Regulations; |
| 3. | Acts to transmit the letter, voice, portrait or motion images, and other information, by utilizing e-mails (referring to a communications system that gives and receives such information as the letter, voice, portrait or motion images, etc.; hereinafter the same shall apply); and |
| 4. | Acts to make a mail forwarding under the conditions as stipulated by the National Election Commission Regulations only for once by the date immediately preceding the commencing date of a candidate registration period, after producing the printed matters in the number corresponding to not more than 1/10 of the households located within the constituency (such a number shall not exceed 20,000) and obtaining a confirmation on the objects for forwarding and number of sheets, etc. from the competent election commission. |
| (2) | One person who is designated by every preliminary candidate from among the persons accompanying him and his spouse (including one person on whom the preliminary candidate reports instead of his spouse from among his lineal descendants and lineal ascendants; hereafter in this paragraph the same shall apply) may personally hand out the name cards provided for in the provisions of paragraph (1) 2 in order to wage the election campaign for the preliminary candidate. In this case, the spouse of a preliminary candidate may appeal for support from voters. <Added by Act No. 7681, Aug. 4, 2005> |
| (3) | Any preliminary candidate who intends to mail the printed matters pursuant to the provisions of paragraph (1) 4 may file an application with the head of Gu/Si/Gun for the delivery of the names and addresses of householders (hereafter in this Article referred to as the "roll of householders") who are electors within the scope of the number of mails and the head of Gu/Si/Gun shall, upon receiving the application, prepare and deliver without delay the roll of householders, notwithstanding the provisions of other Acts. <Added by Act No. 7681, Aug. 4, 2005> |
| (4) | The application for the delivery of the roll of householders provided for in the provisions of paragraph (3) shall be filed in writing by 5 days before the candidate registration period commences and expenses needed to prepare the roll of householders shall be paid when the application is filed. <Added by Act No. 7681, Aug. 4, 2005> |
| (5) | The provisions of Article 46 (4) shall apply mutatis mutandis to the prohibition from transferring, lending and using the roll of householders. In this case, the "electoral register or the electoral register for reported absentees" shall be deemed the "roll of householders". <Added by Act No. 7681, Aug. 4, 2005> |
| (6) | The application for the delivery of the roll of householders, the payment of expenses and other necessary matters shall be determined by the National Election Commission Regulations. <Added by Act No. 7681, Aug. 4, 2005> |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 61 (Establishment of Election Campaign Organizations) |
|
| (1) | A political party or candidate may establish an election campaign office and election campaign liaison office, and a preliminary candidate may establish an election campaign office, pursuant to the provisions of the following subparagraphs in order to deal with an election campaign and other matters concerning an election: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | For the presidential election, the political party or candidate may establish one election campaign office, and an election campaign liaison office in each City/Do and Gu/Si/Gun (referring to the local constituency for the National Assembly member, where one Gu/Si/Gun consists of two or more constituencies for the National Assembly members; hereafter, the same shall apply in this Article); |
| 2. | For the election of a local constituency National Assembly member, the candidate may establish one election campaign office in the local constituency for the National Assembly member concerned: Provided, That where one constituency for the National Assembly member consists of two or more Gu/Si/Gun, an election campaign liaison office may be established in each Gu/Si/Gun where the election campaign office is not located; |
| 3. | For the election of a proportional representative National Assembly member and a proportional representative local council member, the political party may establish one election campaign office (one election campaign office in each City/Do that submits the roll of the candidates for the proportional representative City/Do council members in the case of the election of the proportional representative City/Do council members, and one election campaign office in each autonomous Gu/Si/Gun that submits the roll of candidates for the proportional representative autonomous Gu/Si/Gun council members in the case of the election of the proportional representative autonomous Gu/Si/Gun council members); |
| 4. | For the election of the local council members of local constituency, the candidate may establish one election campaign office in the constituency concerned; |
| 5. | For the election of the Mayor/Do governor, the candidate may establish one election campaign office in the City/Do concerned, and one election campaign liaison office in each Gu/Si/Gun within the City/Do concerned; and |
| 6. | For the election of the head of an autonomous Gu/Si/Gun, the candidate may establish one election campaign office in the autonomous Gu/Si/Gun concerned: Provided, That in the Si where non-autonomous Gus are established, an election campaign liaison office may be established in each Gu where the election campaign office is not located, and where one Gu/Si/Gun consists of two or more constituencies for the National Assembly members, an election campaign liaison office may be established in each constituency for the National Assembly member where the election campaign office is not located. |
| (2) | Where the seat of the City/Do or Gu/Si/Gun office is located in a district of another City/Do or Gu/Si/Gun, the election campaign office or election campaign liaison office may be established in the district of the City/Do or Gu/Si/Gun having jurisdiction over the seat of the City/Do or Gu/Si/Gun office, notwithstanding the provisions of paragraph (1). |
| (3) | The election campaign office or the election campaign liaison office of a political party, party-recommended candidate, or a preliminary candidate belonging to a political party may, when there exists an office of the political party (including the political party's election campaign office under the provisions of Article 61-2) corresponding thereto, be established in that office. <Amended by Act No. 7189, Mar. 12, 2004> |
| (4) | When a preliminary candidate has completed a registration of candidate pursuant to the provisions of Article 49, the election campaign office of the relevant preliminary candidate shall be deemed to be the election campaign office of the candidate. <Added by Act No. 7189, Mar. 12, 2004> |
| (5) | The election campaign office and election campaign liaison office shall be established in a fixed place or facilities, but shall not be established in a food entertainment business office as prescribed by the Food Sanitation Act, or a public hygiene business office as prescribed by the Public Health Control Act. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (6) | Four or fewer election campaign signboards, tablets or hanging placards all told, posters provided for in Article 64, election campaign bulletins provided for in Article 65 or photographs of a candidate may be posted or pasted at an election campaign office and election campaign liaison office, pursuant to the National Election Commission Regulations: Provided, That in an election campaign office of the preliminary candidate, the signboard, tablet or hanging placard may be installed or posted limited to only one piece respectively. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (7) | When a preliminary candidate has been disqualified, he shall close an election campaign office established under the provisions of paragraph (1), and where he has failed to close it, the constituency election commission shall order the relevant preliminary candidate to promptly close the election campaign office. <Added by Act No. 7189, Mar. 12, 2004> |
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| Article 61-2 (Establishment of Political Party's Election Campaign Office) |
|
| (1) | A political party may establish the political party's election campaign office at one place for each Gu/Si/Gun located within the election district (where one Gu/Si/Gun consists of two or more constituencies of the National Assembly members, the local constituency of a National Assembly member) from the days that are set in any of the following subparagraphs (in the special election, etc. which the causes for holding have become definite after the day falling under any of the following subparagraphs, the time when the causes for holding the said election have become definite) to 30 days after the election day, in order to deal the election affairs of political party in the relevant election: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election: |
240 days before the election day;
| 2. | The election of the National Assembly members and the election of the Mayor/Do governor: |
120 days before the election day; and
| 3. | The election of the local council members and the election of the head of autonomous Gu/Si/Gun: |
60 days before the day when the election period commences.
| (2) | In a political party's election campaign office, one head of the office shall be appointed from among the party members, and not more than two office clerks on the payroll may be placed. |
| (3) | When the representative of the central party or City/Do party establishes a political party's election campaign office, he shall promptly file in writing the matters falling under each of the following subparagraphs with the competent election commission. In this case, if there exists any change in the reported matters, he shall promptly file a report on such an altered matter: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | Date of establishment; |
| 2. | Location and title of the office; |
| 3. | Name, address and resident registration number of the head of office; and |
| (4) | In the political party's election campaign office, the signboards, tablets or hanging placards that state the matters necessary for the political party's publicity may be installed or posted, under the conditions as stipulated by the National Election Commission Regulations. In this case, their numbers shall be not more than four pieces, all told. |
| (5) | The head of a political party's election campaign office shall represent the relevant political party in any declaration, application, submission, report, recommendation, etc. under the provisions of this Act or other Acts. |
| (6) | When 30 days have elapsed after the election day, a political party shall promptly close its election campaign office under the provisions of paragraph (1). |
| (7) | Provisions of Article 61 (2) and (5) shall apply mutatis mutandis to the political party's election campaign office. In this case, the term "election campaign office or election campaign liaison office" and "election campaign office and election campaign liaison office" shall be deemed to be "political party's election campaign office". |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 62 (Appointment of Persons in Charge of Election Campaign Affairs) |
|
| (1) | A person who has established an election campaign office and an election campaign liaison office as provided in Article 61 shall appoint one manager of the election campaign office and one chief of the election campaign liaison office from among those who are eligible to engage in an election campaign. |
| (2) | In order to attend to the election campaign affairs, the manager of an election campaign office or the chief of an election campaign liaison office may appoint election campaign workers (referring to those who are paid allowances and actual expenses as provided in the text of Article 135 (1); hereinafter, the same shall apply) from among those who are eligible to engage in an election campaign, as provided in the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | For the presidential election, within six times the number of City/Do in the election campaign office; within the number of Gu/Si/Gun (referring to the constituency for the National Assembly member, where one Gu/Si/Gun consists of two or more constituencies for the National Assembly members; hereafter, the same shall apply in this paragraph) of the City/Do concerned (10 persons, where the number of Gu/Si/Gun is fewer than 10) in the City/Do election campaign liaison office; and within the number of Eup/Myeon/Dong of the Gu/Si/Gun concerned in the Gu/Si/Gun election campaign liaison office; |
| 2. | For an election of a local constituency National Assembly member and the head of an autonomous Gu/Si/Gun, within three times the number of Eup/Myeon/Dong in the Gu/Si/Gun in which the election campaign office or election campaign liaison office is established; |
| 3. | For an election of a proportional representative National Assembly member, within two times the number of City/Do in the election campaign office; |
| 4. | For an election of a local constituency City/Do council member, within 10 persons in the election campaign office; |
| 5. | For an election of a proportional representative City/Do council member, within the number (20 persons, where the calculated number is under 20) of Gu/Si/Gun in the City/Do concerned in the election campaign office; |
| 6. | For an election of a Mayor/Do governor, within the number of Gu/Si/Gun in the City/Do concerned (10 persons, where the number of relevant Gu/Si/Gun is fewer than 10) in the election campaign office; and within the number of Eup/Myeon/Dong in the Gu/Si/Gun concerned in the election campaign liaison office; |
| 7. | For an election of an autonomous Gu/Si/Gun council member of local constituency, within five persons in the election campaign office; and |
| 8. | For an election of a proportional representative autonomous Gu/Si/Gun council member, within the number of persons equivalent to the number of the Eup/Myeon/Dong of the autonomous Gu/Si/Gun in the election campaign office. |
| (3) | A preliminary candidate may have the number of election workers, including an election manager, which is set according to the number of the persons falling under each the following subparagraphs from among the persons entitled to wage the election campaign: <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election: |
Not more than 10 persons;
| 2. | The election of the Mayor/Do governor: |
Not more than 5 persons;
| 3. | The election of the constituency National Assembly members and the election of the head of the autonomous Gu/Si/Gun: |
Not more than 3 persons; and
| 4. | The election of the local council members of local constituency: |
Not more than 2 persons.
| (4) | A salaried clerk of a political party who cannot be paid the allowance as provided in the proviso of Article 135 (1), a National Assembly member, his assistant, his chief secretary, his secretary, or a local council member, even when becoming an election campaign worker, shall not be counted in the number of the election campaign workers as provided in paragraph (2). <Amended by Act No. 6265, Feb. 16, 2000> |
| (5) | Where the election campaign manager is not appointed, a candidate (in the case of paragraph (2) 1, 3, 5 and 8, an accountant in charge of a political party) or a preliminary candidate shall be deemed to hold the post of an election campaign manager concurrently. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (6) | In the same election, two or more political parties, preliminary candidates or candidates shall not jointly appoint the same person as the election campaign manager, chief of the election campaign liaison office, or election campaign workers. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7189, Mar. 12, 2004> |
| (7) | No one shall recruit a person who is to engage in an election campaign, using printed materials, facilities, or other advertising materials: Provided, That the same shall not apply in a case where the election campaign manager, chief of the election campaign liaison office, or election campaign workers as provided in paragraphs (1) and (2) are recruited by means pursuant to the provisions of this Act. <Added by Act No. 5262, Jan. 13, 1997> |
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| Article 63 (Report on Election Campaign Organizations and Election Affairs-Related Persons) |
|
| (1) | A political party, candidate or preliminary candidate shall, upon establishing or changing the election campaign office or election campaign liaison office, immediately report in writing to the competent election commission; and the political party, candidate, preliminary candidate, election campaign manager or chief of the election campaign liaison office shall, upon appointing or dismissing an election campaign manager, chief of the election campaign liaison office or election campaign worker (hereafter referred to as the "election campaign manager, etc." in this Article), immediately report in writing to the competent election commission. In this case, the number of the replaceable election campaign workers may not exceed twice the number of election campaign workers as provided in Article 62 (2) or (3), including those initially appointed. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | An election campaign manager, etc. shall carry on an election campaign, wearing the identification card on which his photograph is attached and issued by the election commission concerned, and upon being dismissed, shall immediately return it, but if it is not returned, the report on replacement of the election campaign manager, etc. shall not be accepted. In this case, the standard for an identification card shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5262, Jan. 13, 1997> |
| (3) | An election commission shall, upon receiving an application for issuance of the identification card as provided in paragraph (2), immediately issue it. |
| (4) | The report form for establishment of an election campaign office and election campaign liaison office, and for the appointment of the election campaign manager, etc. and the form of identification card, the procedure to be taken when an identification card is lost, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 64 (Posters) |
|
| (1) | A poster to be used for an election campaign shall include a photograph (referring to the photograph of a candidate alone), name and mark (referring to the indication of an order by which a political party or a candidate is entered on the ballot paper to be printed under Article 150; hereinafter, the same shall apply) of a candidate, the name of the political party to which the party-recommended candidate belongs (an independent candidate shall be indicated as "independent"), his career [where an academic background is entered, the regular academic backgrounds and the academic backgrounds completed in a foreign educational course equivalent thereto, shall be entered therein: in this case, if the regular academic background is entered, the name of school at the time of graduation or completion (in the case of leaving school in mid-course, the period of study shall be entered together) shall be entered therein, and when academic background completed in a foreign educational course equivalent thereto is entered, the name of curriculum, the period of study, and the title of the acquired degree when a degree was acquired shall be entered therein, and the final regular academic background and the academic background completed in a foreign educational course may be entered therein on condition that a certificate of academic background is submitted under the provisions of Article 49 (4) 6; hereinafter the same shall apply] and political views, the platform and policy of the political party to which he belongs, and other matters necessary for publicity (in case of an election of a National Assembly member of local constituency, the roll of candidates for the proportional representative National Assembly members shall be included, in case of an election of a City/Do council member of local constituency, the roll of candidates for the proportional representative City/Do council members and in case of an election of an autonomous Gu/Si/Gun council member of local constituency, the roll of candidates for the proportional representative autonomous Gu/Si/Gun council members shall be included, and other figure photos than the candidate shall be excluded), and it shall be prepared and pasted at the rate of one sheet for a population of 500 in Dong, one sheet for a population of 250 in Eup, and one sheet for a population of 100 in Myeon: Provided, That it may be adjusted to the rate of one sheet for a population of 1,000 as prescribed by the National Election Commission Regulations, in consideration of population density, pasting places, etc. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | Posters provided for in paragraph (1) shall be prepared by the candidate (excluding any candidate for the proportional representative National Assembly member and the proportional representative local council member and in the case of the party-recommended candidate to run in the presidential election, referring to the political party that recommends him; hereafter in this Article the same shall apply), and submitted to the Gu/Si/Gun election commission having jurisdiction over the area in which they are pasted no later than three days after the closing date of candidate registration (in the case of an additional registration in the presidential election, it refers to two days after the closing date of additional registration), and the relevant Gu/Si/Gun election commission shall confirm them, and paste them no later than two days (three days, in cases of the presidential election, and the island and remote and secluded area among the mountains) after the closing date of the submission of the posters. In this case, if part of the posters is not submitted, the area where the posters are not to be pasted (making a voting district as a unit) shall be designated and reported in writing when the posters are submitted, but if the area wherein no posters are to be pasted is not reported, the relevant Gu/Si/Gun election commission shall designate such area. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (3) | The competent constituency election commission shall publicly announce the quantity of posters to be prepared, kept or submitted by the candidate under the provisions of paragraph (2) not later than 10 days prior to the commencing date of election period. In this case, a specified quantity may be added as prescribed by the National Election Commission Regulations. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 7189, Mar. 12, 2004> |
| (4) | The posters, if not submitted by the closing date of the submission period as provided in paragraph (2) or if larger or smaller than the standard, shall not be pasted. |
| (5) | The posters submitted under paragraph (2) shall not be corrected or withdrawn: Provided, That when it is intended to raise a written objection against any false information on career, academic background, academic degrees, rewards or punishments (hereinafter referred to as "career, etc."), such objection shall be raised in writing to the immediately superior constituency election commission via the relevant constituency election commission and the relevant constituency election commission may, upon receiving the objection, demand the political party or candidate concerned to present evidential documents, and if such documents are not presented or turn out to be false, the said commission shall publicly announce the facts thereof. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | Where the slanders on the private life of another candidate, his spouse, his lineal ascendant or descendant, or sibling contained in a poster as provided in paragraph (1) are deemed to be in violation of this Act, the competent constituency election commission shall file a complaint against the facts thereof and publicly announce them. |
| (7) | A printer who prints the posters shall provide any one with the posters printed in excess of the quantity as provided in paragraph (3). |
| (8) | A candidate shall, in case where he intends to make a supplementary pasting as the posters pasted by the competent Gu/Si/Gun election commission are spoiled or damaged, paste the new ones, after obtaining an approval seal of the competent Gu/Si/Gun election commission, over the old ones, within the limit of publicly announced quantity as provided in paragraph (3). <Amended by Act No. 5127, Dec. 30, 1995> |
| (9) | Where the poster is pasted as provided in paragraph (1), the owner or manager of the land, building or other facilities on which the poster is pasted shall cooperate in the pasting of such a poster, unless there is any special ground. |
| (10) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (11) | Public notification of the quantity, standard, preparation, submission, confirmation, and pasting of the posters, and the public notice of an objection filed against a falsity of career, etc. or a slander on the private life of a candidate, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 65 (Election Campaign Bulletins) |
|
| (1) | Every candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this Article the same shall apply) may prepare book-type election campaign bulletins (including leaflet-type election campaign bulletins in the presidential election). (2) The book-type election campaign bulletins referred to in paragraph (1) shall be printed in not more than 16 sheets for the presidential election, in not more than 12 sheets for the election of the National Assembly members and the election of the heads of local governments and in not more than 8 sheets for the election of the local council members, respectively and the leaflet-type election campaign bulletins shall be printed in one sheet (both sides may be printed). |
| (3) | The number of the book-type election campaign bulletins provided for in the provisions of paragraph (1) shall be not more than the number obtained by adding up the number of households in the relevant constituency to the number of electors who are listed on the electoral register of reported absentees and the number of the leaflet-type election campaign bulletins shall be not more than the number of the households in the relevant constituency. |
| (4) | Every candidate may prepare election campaign bulletins (hereinafter referred to as the "braille-type election campaign bulletins") other than the election campaign bulletins referred to in paragraph (1) for eyesighthandicapped electors (referring to the eyesight-handicapped persons who are registered pursuant to the provisions of Article 29 of the Welfare of Disabled Persons Act). In this case, the braille-type election campaign bulletins shall be prepared in the form of the reduced contents of the book-type election campaign bulletins referred to in paragraph (1) or in the form of the same contents thereof. |
| (5) | The election campaign bulletins shall be submitted and distributed in the manner falling under each of the following subparagraphs: |
| 1. | The presidential election: |
| (a) | The book-type election campaign bulletins (including the brailletype election campaign bulletins; hereafter in paragraph (7) the same shall apply): |
Every candidate shall submit his book-type election campaign bulletins to the Gu/Si/Gun election commission having jurisdiction over the constituency in which they are distributed by 6 days after the date on which the registration of candidates expires (in the case of the additional registration provided for in the provisions of Article 51, 2 days after the date on which the additional registration expires) and the relevant election commission shall identify them and mail them to every household in the constituency under its jurisdiction by 3 days after the submission date expires and also mail them to the electors who are listed on the electoral register of reported absentees together with the absentee ballot papers provided for in Article 154; and | (b) | The leaflet-type election campaign bulletins: |
Every candidate shall submit his leaflet-type election campaign bulletins to the Gu/Si/Gun election commission having jurisdiction over the constituency in which they are distributed by 12 days after the date on which the registration of candidates expires and the relevant election commission shall identify them and mail them to every household in the constituency under its jurisdiction together with voting guidance leaflets referred to in Article 153. In case where any household is found to have not received the book-type election campaign bulletin as a result of confirmation of the electoral register, the relevant election commission shall mail both the book-type election bulletin and the leaflet-type election bulletin to the household; and | 2. | The election of National Assembly members and the election of local government council members and the heads of local governments: |
| (a) | The electors who are listed on the electoral register for reported absentees: |
Every candidate shall submit his election campaign bulletins to the Gu/Si/Gun election commission having jurisdiction over the constituency in which they are distributed by 3 days after the date on which the registration of candidates expires and the relevant election commission shall identify them and mail them to every household in the constituency under its jurisdiction together with absentee ballot papers provided for in Article 154; and Every candidate shall submit his election campaign bulletins to the Gu/Si/Gun election commission having jurisdiction over the constituency in which they are distributed by 6 days after the date on which the registration of candidates expires and the relevant election commission shall identify them and mail them to every household in the constituency under its jurisdiction together with voting guidance leaflets provided for in Article 153. | (6) | The head of Gu/Si/Gun shall survey eyesight-handicapped electors referred to in the provisions of paragraph (4) and the names and addresses of their householders and inform the competent Gu/Si/Gun election commission of the results of the survey by 20 days before the date on which the election period commences. |
| (7) | In case where the book-type election campaign bulletins are submitted in the presidential election and the elections of the National Assembly members of local constituency, the local council members of local constituency and the heads of local governments, the matters (hereafter in this Article referred to as the "open data on candidates") falling under each of the following subparagraphs shall be entered in such book-type election campaign bulletins under the conditions as prescribed by the National Election Commission Regulations. In this case, with respect to matters that need to be clarified from among the open data on candidates, data clarifying such matters may be also entered in the book-type election campaign bulletins: <Amended by Act No 7850, Mar. 2, 2006> |
| 1. | Total amount of property: |
The total amount of property that is each owned by the candidate, his spouse and his lineal ascendant or descendant (excluding his married daughters, his grandfather and grandmother on his mother side and his daughters' children; hereafter in subparagraph 3 the same shall apply);
The ranks, the service periods, the areas of service by the military branch, matters concerning the military service disposition and the grounds of the military service disposition of the candidate and his lineal descendant (excluding the case where the name of disease or the details of mental and physical handicapping are asked not to be disclosed pursuant to the provisions of Article 8 (3) of the Act on the Report and Disclosure of Military Service Records of Public Officials, etc.);
| 3. | The payment and default records of the income tax, the property tax and the global real estate tax for the latest five years: |
The payment amount by year and the default amount by year (excluding the default of not more than 100,000 won or for not more than 3 months) and the time of the payment in full (including the payment records of income tax withheld at source, the certificate of which is submitted pursuant to the provisions of Article 49 (4) 4 but exclding the payment or default records of the lineal ascendant of the candidate who refuses to submit relevant certificates) of the candidate, his spouse and his lineal ascendant or descendant; The name of crime, the punishment thereof and the confirmation date; and
| 5. | Personal matters concerning occupation, academic background and career: |
Matters that are entered in the application filed for the candidate registration.
| (8) | Notwithstanding the provisions of paragraph (1), the competent constituency election commission may prepare the election campaign bulletins in one book in order of the marks of candidates, which are to be entered in ballot papers under Article 150, after getting every candidate to have the manuscript of his book-type election campaign bulletins input in the computer disk and other media similar thereto according to the format provided by the relevant election commission or to post such manuscript on the Internet homepage that is designated by the relevant election commission when the candidate files an application for the registration of his candidacy pursuant to the provisions of Article 49. In this case, the printing cost of the election campaign bulletins shall be borne by candidates. |
| (9) | The provisions of Article 64 (2) (latter part) through (7) shall apply mutatis mutandis to the election campaign bulletins. In this case, the "posters" shall be deemed the "election campaign bulletins", the "constituency therein the posters are required not to be pasted", shall be deemed the "subject or constituency which the election campaign bulletins is required not to be delivered", the "pasting" shall be deemed the "delivery", the "exceeding or falling short of the standards" shall be deemed the "exceeding the standards" and the "career, academic background, degree or reward and punishment (hereinafter referred to as the "career, etc.")" shall be deemed the "career, etc. or open date on candidates", respectively. |
| (10) | The standards, preparation, submission, confirmation, delivery and publication of the election campaign bulletins, ways to open the data on candidates to the public, the manuscript of the election campaign bulletins, the calculation and payment of printing costs and other necessary matters shall be determined by the National Election Commission Regulations. |
[This Article Wholly Amended by Act No. 7681, Aug. 4, 2005]
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| Article 66 Deleted.<by Act No. 7681, Aug. 4, 2005> |
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| Article 67 (Hanging Banner) |
|
| (1) | Every candidate (excluding any candidate for the proportional representative National Assembly member and any candidate for the proportional representative local council member and in the case of the party-recommended candidate in the presidential election, referring to the political party that recommends him as the presidential candidate) may set up one hanging banner in every Eup/Myeon/Dong of the relevant constituency in order to wage his election campaign. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (3) | Matters necessary for the size and hanging methods of the banner under paragraph (1) shall be prescribed by the National Election Commission Regulations. |
[This Article Added by Act No. 6663, Mar. 7, 2002]
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| Article 68 (Shoulder Belts) |
|
| (1) | Every candidate, his spouse (including one person who is reported by the candidate instead of his spouse from among his lineal ascendants or descendants), every election campaign manager, every chief of the election campaign liaison office, every election campaign worker or every accountant in charge may wage the election campaign wearing their shoulder belts during the election campaign period. In this case, the number of persons who are permitted to wage the election campaign wearing their shoulder belts shall be the number falling under each of the following subparagraphs by candidates (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members and the election of the proportional representative local council members) and candidates who run in the election of the proportional representative National Assembly members and the proportional representative local council members, even if they wage their election campaigns wearing their shoulder belts, shall not be included in the number: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election and the election of the Mayor/Do governor: |
Not more than 5 persons in every constituency of the National Assembly members;
| 2. | The election of the National Assembly members: |
Not more than 20 persons;
| 3. | The election of the head of autonomous Gu/Si/Gun: |
Not more than 10 persons;
| 4. | The election of the City/Do council members: |
Not more than 5 persons; and
| 5. | The election of the autonomous Gu/Si/Gun council members: |
Not more than 3 persons.
| (2) | With the exception of the case referred to in the provisions of paragraph (1), no person shall be allowed to wage the election campaigns wearing the shoulder belts. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The standard for the shoulder belts as provided for in paragraph (1) and other necessary matters shall be prescribed by the National Election Commission Regulations. |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 69 (Newspaper Advertisements) |
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| (1) | Every candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members; hereafter in this Article the same shall apply) may run an advertisement of the platform or policy of the political party to which the candidate belongs, the candidate's political views, political fund-raising (limited to the presidential election), and other matters necessary for the publicity in a daily newspaper provided for in the provisions of subparagraph 2 of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions from the commencing date of an election period to two days before the election day, pursuant to the following subparagraphs. In this case, one run of an advertisement in a daily newspaper shall be deemed to be one time of the newspaper advertisement in calculating the frequency of advertisements in the daily newspaper: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | In the presidential election, up to 70 times in total; |
| 2. | In the election of proportional representative National Assembly members, up to 20 times in total; and |
| 3. | In the election of the Mayors/Do governors, up to 5 times in total: Provided, That in a City/Do with a population of more than 3 million, one time shall be added for every one million persons exceeding 3 million persons. |
| (2) | The advertisement as provided in paragraph (1) shall be run in black, contain the grounds for the advertisement and the name of the advertiser, and the size of such advertisements shall be 37cm in width and 17cm in length at the most. |
| (3) | Two or more candidates who are recommended by the same political party in the election of the Mayors/Do governors, may jointly run an advertisement in accordance with the standard as provided in paragraph (2). In this case, each candidate shall be deemed to have run the advertisement once respectively, and the expenses for the advertisement shall be divided among the candidates according to their agreement, but the particulars about the division of expenses shall be specified in an advertisement contract. |
| (4) | The advertisement as provided in paragraph (1) shall be inserted in the ordinary advertisement section below the news columns, except in a case where a full-page advertisement is run. |
| (5) | A candidate, if wishing to run an advertisement, shall do so after obtaining a letter of certification that the advertisement is in conformity with this Act from the competent constituency election commission, and anyone who operates or manages the daily newspaper or who is in charge of the advertisement affairs shall not insert an advertisement of the candidate when the letter of certification is not accompanied. |
| (6) | A candidate who wishes to run an advertisement as provided in paragraph (1) shall report it in writing to the competent constituency election commission together with the advertisement draft and a copy of the advertisement contract, no later than a day before the advertisement is inserted. |
| (7) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (8) | Any person operating or managing a daily newspaper in which an advertisement is inserted under paragraph (1), may not claim or collect advertisement fees against or from candidates in excess of the minimum fees of the commercial, cultural and other various advertisements inserted in the same size and on the same column during an election period, in calculating the expenses for such an advertisement. <Added by Act No. 5537, Apr. 30, 1998> |
| (9) | The form of the letter of certification and report on an advertisement, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 70 (Broadcast Advertisements) |
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| (1) | A candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members; hereafter in this Article the same shall apply) may run an advertisement of the platform or policy of the political party to which he belongs, his political views, and other matters necessary for publicity using television or radio broadcasting facilities [referring to a radio station managed and operated by the broadcasting business operator under the Broadcasting Act and the composite cable broadcasting stations (including channels of the operators using broadcasting channels for specialized news programs); hereafter the same shall apply in this Article] during the election campaign period as provided in the following subparagraphs, but the advertising time shall not exceed one minute at a time. In this case, the rebroadcasting shall be included in the calculation of the advertisement frequency, but a concurrent use of the relevant broadcasting networks with a selection of one television or radio broadcasting facility shall be deemed to be one time: <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | In the presidential election, up to 30 times for television and radio broadcasts, respectively; and |
| 2. | In the election of proportional representative National Assembly members, up to 15 times for television and radio broadcasts, respectively. |
| (2) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (3) | The manager of the broadcasting facilities airing the advertisement as provided in paragraph (1) shall notify the competent constituency election commission of the date, time, contents of the broadcast advertisement as prescribed by the National Election Commission Regulations. |
| (5) | A manager or administrator of broadcasting facilities shall treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc. in making broadcast advertisement under paragraph (1); where the date and time of use of broadcasting facilities for which candidates apply overlaps, allocation of broadcast time shall be made under the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997> |
| (6) | The candidate may, in making a broadcast advertisement under paragraph (1), air the finger language or a caption for the electors with a defected auditory sense. <Added by Act No. 6265, Feb. 16, 2000> |
| (7) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (8) | Any person operating or managing broadcasting facilities in which a broadcast advertisement is performed under paragraph (1), may not claim or collect advertisement fees against or from candidates in excess of the minimum fees of the commercial, cultural and other various advertisements broadcasted on the same hours during an election period, in calculating the expenses for such an advertisement. <Added by Act No. 5537, Apr. 30, 1998> |
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| Article 71 (Broadcast Speech of Candidates, etc.) |
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| (1) | A candidate and a campaign speechmaker designated by the candidate may deliver a campaign speech using the television and radio broadcasting facilities (referring to the broadcasting facilities under Article 70 (1); hereafter the same shall apply in this Article) for the purpose of manifesting the platform and policy of the political party to which he belongs, his political views, or other matters necessary for the publicity during the election campaign period according to the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 1. | In case of the presidential election, up to eleven times by television and radio broadcast, respectively, and each time within 20 minutes by the candidate and a campaign speechmaker nominated by the candidate, respectively; |
| 2. | In case of the election of the proportional representative National Assembly members, one time by television and radio broadcast, respectively, and each time within 10 minutes by two representatives appointed by a political party from among candidates for proportional representative National Assembly members, respectively; |
| 3. | In case of the election of the National Assembly members of local constituencies and the heads of autonomous Gu/Si/Gun, up to two times by television and radio broadcast, respectively, and each time within 10 minutes by a candidate using local broadcasting facilities; |
| 4. | In case of the election of the proportional representative City/Do council members, one time within 10 minutes by television and radio broadcast, respectively, using a local broadcasting facility by a representative elected by each party from among the candidates for the relevant election at each constituency of proportional representative City/Do council members; and |
| 5. | In case of the election of the Mayors/Do governors, up to five times by television and radio broadcast, respectively, using a local broadcasting facility, each time within 10 minutes by candidate. |
| (2) | The term "local broadcasting facility" referred to in this Act means a broadcasting facility located in the area under the jurisdiction of the relevant City/Do (in case of Do, including the broadcasting facility located in the adjacent Special Metropolitan City or Metropolitan City, which embraces an area of the relevant Do as its broadcast area). <Added by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (3) | The provisions of Article 70 (1) (latter part), (6), and (8), shall apply mutatis mutandis to broadcast speeches of the candidates, etc. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
| (4) | In case of any broadcast speech for which television broadcasting facilities are used under paragraph (1), other contents than a speech scene of a candidate or campaign speechmaker shall not be broadcast; in a case where a candidate or campaign speechmaker intends to broadcast his speech by video recording, he shall utilize the relevant broadcasting facility. <Added by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
| (5) | A person who runs or manages the broadcasting facility shall notify the competent constituency election commission of the name of broadcasting facility, date of utilization, time band, etc. for the election campaign speech by a candidate or campaign speechmaker as provided in paragraph (1), no later than 30 days before the election day (in case of a special election, etc. a beginning day of the electoral register preparation period). <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (6) | The constituency election commission shall designate and publicly announce, in advance, the broadcasting facilities and schedules by unit of constituency which are to be used for the campaign speech as provided in paragraph (1) no later than three days before the beginning day of application for candidate registration, and notify a candidate thereof at the time of the application for candidate registration. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (7) | A candidate in the presidential election, if wishing to make a campaign speech using the broadcasting facilities as provided in paragraph (1), shall submit an application in writing, specifying the name of the broadcasting facilities to be used, the date and time of use, the name of a campaign speechmaker, time needed, method of use no later than three days after the close of candidate registration (the close of supplemental registration, in case of a supplemental election) to the National Election Commission. |
| (8) | Where the date and time of use of the broadcasting facilities applied for by candidates (referring to the recommending party, in case of the party-recommended candidate) under paragraph (7) overlaps one another, the National Election Commission shall determine the date and time, but the relevant date and time shall be impartial to all candidates. In this case, if candidates fail to make a contract for using broadcasting facilities no later than 24 hours before the determined date and time, any person operating or managing such broadcasting facilities may broadcast any others on such time band. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
| (9) | The National Election Commission shall, upon determining the date and time of broadcast as provided in paragraph (8), announce it publicly and notify the political parties or candidates thereof. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
| (10) | In the election of National Assembly members, proportional representative City/Do council members, and heads of local governments, a candidate, if he intends to make a campaign speech using the broadcasting facilities as provided in paragraph (1) 2 through 5, shall report the broadcasting facilities' name, date and time of use, time required, method of use, etc. in writing to the constituency election commission concerned, together with a copy of the contract for the use of broadcasting facilities entered into with a person who runs or manages the relevant broadcasting facilities, no later than three days before the date of broadcast. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998> |
| (11) | A person who runs or manages the broadcasting facilities shall cooperate with a campaign speech using the broadcasting facilities as provided in paragraph (1), and treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc. <Amended by Act No. 5412, Nov. 14, 1997> |
| (12) | A person who runs a composite cable broadcasting station (including the channels of those who run the broadcast channels of specialized news programs) and a relay cable broadcasting company under the Broadcasting Act, may air a relay broadcast of campaign speeches by the candidates, etc. In this case, the said person or company shall treat all candidates who have made broadcast speeches, with impartiality. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (13) | The form of the application for a campaign speech using the broadcasting facilities, ways of adjusting overlapped broadcast dates and times, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 72 (Broadcast of Candidate's Campaign Speeches Supervised by Broadcasting Facilities) |
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| (1) | When the television and radio broadcasting facilities (referring to the broadcasting facilities under the provision of Article 70 (1); hereafter in this Article, the same shall apply) intend to air at their own expenses the speeches of the candidate (in the election of the proportional representative National Assembly members and the election of the proportional representative local council members, referring to the person appointed by the recommending political party from among the candidates for the relevant election; hereafter in paragraph (3), the same shall apply) during the election campaign period, in order to have the electors know of the political party or the candidate, they shall air the contents in the unedited status, and impartially treat all political parties or candidates by the constituency unit: Provided, That when a political party or a candidate gives up the campaign speech, the same shall not apply. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | In making a broadcast of the candidates' campaign speeches under paragraph (1), the finger language or a caption may be aired for the electors with a defected auditory sense. <Added by Act No. 6265, Feb. 16, 2000> |
| (3) | A person who runs or manages broadcasting facilities, if wishing to broadcast a campaign speech of a candidate as provided in paragraph (1), shall notify the competent constituency election commission of the name of the broadcasting facilities, broadcast date and time, required hours, etc. no later than two days before the broadcast as prescribed by the National Election Commission Regulations. |
| (4) | The provisions of Article 71 (12) shall apply mutatis mutandis to the broadcast of a candidate's campaign speech supervised by the broadcasting facilities. <Amended by Act No. 5537, Apr. 30, 1998> |
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| Article 73 (Broadcast of Careers) |
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| (1) | In the presidential election and the election of the National Assembly members and heads of local governments, the Korean Broadcasting System shall broadcast a candidate's photograph, name, mark and age, and the name of a political party to which the candidate belongs (in case of an independent candidate, he shall be indicated as "independent"), occupation and other major career provided by the competent constituency election commission, using the television and radio broadcasting facilities during the election campaign period for up to two minutes each time for each candidate, in order to have the electors know of them. In this case, a relevant local broadcasting station may be used for other elections than the presidential election. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000> |
| (2) | The frequency of career broadcasts as provided in paragraph (1) shall be based on any of the following subparagraphs by television and radio broadcast, respectively: <Amended by Act No. 6265, Feb. 16, 2000> |
| 1. | In case of the presidential election, eight or more times respectively; |
| 2. | In case of the election of the National Assembly members or heads of autonomous Gu/Si/ Gun, two or more times respectively; and |
| 3. | In case of the election of Mayors/Do governors, three or more times respectively. |
| (3) | Where a career broadcast is aired, the frequency and contents thereof shall be impartial to all candidates in the constituency as a unit, and the expenses therefor shall be borne by the Korean Broadcasting System. |
| (4) | The provisions of Articles 71 (12) and 72 (2) shall apply mutatis mutandis to a career broadcast. <Amended by Act No. 6265, Feb. 16, 2000> |
| (5) | The submission of a manuscript for a career broadcast to the competent constituency election commission, notification of a career broadcast, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 74 (Career Broadcasts Supervised by Broadcasting Facilities) |
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| (1) | Other television and radio broadcasting facilities [referring to the broadcasting facilities under the provision of Article 70 (1); hereafter the same shall apply in this Article] than the Korean Broadcasting System shall, in case where they intend to air the candidate's career at their own expenses, base his broadcast on the information provided by the competent constituency election commission, and impartially treat all candidates in the constituency as a unit. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000> |
| (2) | The provisions of Articles 71 (12) and 72 (2) and (3) shall apply mutatis mutandis to a career broadcast supervised by the broadcasting facilities. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
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| Articles 75 through 78 Deleted.<by Act No. 7189, Mar. 12, 2004> |
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| Article 79 (Campaign Speeches or Interviews at Open Places) |
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| (1) | Every candidate (excluding any candidate for the proportional representative National Assembly member and the proportional representative local council member; hereafter in this Article the same shall apply) or every campaign speechmaker [referring to two persons (2 persons who are nominated in each election campaign liaison office in the presidential election and election for the Mayor/Do governor) who are nominated by the candidate (referring to the political party that recommends the candidate in the presidential election) from among persons who are eligible to wage the election campaign; hereafter in this Article referred to as a "candidate, etc.")] may make a campaign speech or interview at an open place for the purpose of providing information on the platform and policy of the political party to which he belongs, his political views or other necessary matters during the election campaign period. In this case, the candidate may appoint one moderator from among the election campaign manager, chief of election campaign liaison office or election campaign workers, and require such a moderator to introduce him or to make a support speech or interview. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | For the purpose of paragraph (1), the term "campaign speech or interview at an open place" means a campaign speech asking persons for the support of a political party or candidate or an interview with persons in a way of answering to questions, rendered at a roadside, square, open space, resident hall, market, shop, or other open places which many people pass through and which is prescribed by the National Election Commission Regulations. |
| (3) | The candidate or moderator may use a motor vehicle, loudspeaker system attached thereto, or portable loudspeaker for a campaign speech or interview at an open place as provided in the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | In the presidential election, one unit and one set per each candidate and each City/Do and Gu/Si/Gun election campaign liaison office; |
| 2. | In the election of the Mayors/Do governor, one unit and one set per each candidate and each Gu/Si/Gun election campaign liaison office; and |
| 3. | In the elections of the National Assembly member of local constituency, the local council member of local constituency and the head of autonomous Gu/Si/Gun, one unit and one set per each candidate. |
| (4) | The loudspeaker system provided for in paragraph (3) may be used only for a campaign speech, interview, or direction of a meeting, and the portable loudspeaker may not be used in an area other than where the motor vehicle to be used for a campaign speech or interview comes to a halt. In this case, such a portable loudspeaker may not be used at the same time with the loudspeaker system attached to the motor vehicle. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 7681, Aug. 4, 2005> |
| (5) | Where the loudspeaker system attached to a motor vehicle is used, the number of loudspeakers shall not exceed one. <Amended by Act No. 7189, Mar. 12, 2004> |
| (6) | The motor vehicle and loudspeaker system shall be marked as prescribed by the National Election Commission Regulations, and the poster referred to in Article 64, election campaign bulletins referred to in Article 65 or candidate's photograph may be attached thereon. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (7) | A candidate as provided in paragraph (1) may temporarily attend an indoor meeting which is held by another person, to make a campaign speech or have an interview, and in this case, he may use a loudspeaker system installed at the place or a portable loudspeaker. |
| (8) | When a candidate intends to have a moderator as referred to in the latter part of paragraph (1), he shall file in advance a report thereon in writing with the competent election commission, and the moderator may be replaced only once on that day. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | A campaign speechmaker as provided in paragraph (1) may make a campaign speech or have an interview at an open place only within the constituency, and upon making a campaign speech or having an interview, he shall attach his identification card as prescribed by the National Election Commission Regulations. <Amended by Act No. 7189, Mar. 12, 2004> |
| (10) | A candidate, when making a campaign speech or having an interview at an open place, may play music including logo song of a political party with contents of promoting a political party or candidate or make broadcast or play film as to platforms or policies, or candidate' personal histories, political views, or activities by using tape recorders or video cameras (including video and audio appliances. The same shall also apply in this Article hereinafter). <Amended by Act No. 5412, Nov. 14, 1997> |
| (11) | A moderator may conduct a speech or an interview only by using a loudspeaker attached to a motor vehicle as provided in paragraph (3), and a candidate may conduct an election campaign at the place other than that where a speech maker or moderator makes a campaign speech or an interview at an open place. <Amended by Act No. 7189, Mar. 12, 2004> |
| (12) | Size of video cameras and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004> |
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| Article 80 (Places Barred from Campaign Speech) |
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A campaign speech or interview as provided in Article 79 shall not be held or made at the facilities or places falling under any of the following subparagraphs: <Amended by Act No. 7189, Mar. 12, 2004> | 1. | A building or facilities owned or managed by the State or local government: Provided, That the same shall not apply to the park, cultural center, market, playground, citizens' hall, gymnasium, roadside, plaza or school and other open places where the multitudes pass through; |
| 2. | Inside of a ship, passenger motorcar, train, electromotive vehicle and aircraft, and within their terminal premises, and subway station premises; and |
| 3. | A hospital, clinic, library, research institute, laboratory, and other medical and research facilities. |
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| Article 81 (Interviews or Debates by Organizations Inviting Candidates, etc.) |
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| (1) | An organization which does not fall under the provisions of Article 87 (1) 1 through 6 may invite one or several candidates, interviewers or debaters (limited to the presidential election and the election for the Mayor/Do governor, and referring to one person nominated by a political party or candidate for each election campaign office or election campaign liaison office, from among those who are eligible to engage in an election campaign; hereafter, the same shall apply in this Article), and hold an interview or debate indoors, as prescribed by this Act, to inquire about the platform and policy of the political party to which he or they belong or the candidate's political views, or other matters: Provided, That the same shall not apply to the trade unions and organizations under Article 10 (1) 6. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | For the purpose of paragraph (1), the term "interview" means that a candidate or an interviewee answers questions made by the organizer or questioner about the platform and policy of the political party to which he belongs or candidate's political views and other matters, and the term "debate" means that not less than two candidates or debaters question and answer through the organizer on the subject concerning the platform and policy of the political party to which they belong or candidate's political views and other matters under the direction of the organizer. <Amended by Act No. 5412, Nov. 14, 1997> |
| (3) | An organization which wishes to hold an interview or debate as provided in paragraph (1) shall report in writing the matters concerning the organization such as the name of the host organization, name of its representative, seat of its office, number of its members, and ground for its establishment, and the name of the candidate, interviewer or debater, subject of the interview or debate, name of the moderator, method of proceedings, and the date, time and place, the number of anticipated participants, etc. to the competent constituency election commission or the Gu/Si/Gun election commission having jurisdiction over the meeting place, no later than two days before the beginning of the meeting, as prescribed by the National Election Commission Regulations. In this case, a written acceptance of the candidate, interviewer or debater to be invited shall be appended to the report. |
| (4) | When an interview or debate as provided in paragraph (1) is held, a sign indicating the interview or debate as provided in paragraph (1) shall be placed or posted under the National Election Commission Regulations. |
| (5) | An opportunity for an interview or debate as provided in paragraph (1) shall be impartially offered for all candidates unless a candidate refuses to accept the invitation, and the organization holding the interview or debate shall see to it that the interview or debate proceeds fairly. |
| (6) | A political party, candidate, interviewer, debater, election campaign manager, chief of a election campaign liaison office, election campaign worker, accountant in charge, or company, etc. having relations with a candidate or his family as provided in Article 114 (2) shall not offer, manifest the intention to offer, or promise to offer money, entertainment, or other interests to the organization sponsoring the interview or debate or the moderator. |
| (7) | An organization holding an interview or debate as provided in paragraph (1) shall not have the candidate bear its expenses. |
| (8) | The provisions of Article 71 (12) shall apply mutatis mutandis to interviews or debates to which candidates and others are invited. <Added by Act No. 5537, Apr. 30, 1998> |
| (9) | The forms of the report on holding an interview or debate and the sign and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997> |
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| Article 82 (Interviews or Debates by Press Inviting Candidates, etc.) |
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| (1) | The press such as a television or radio broadcasting facility [referring to the broadcasting facilities under Article 70 (1); hereafter the same shall apply in this Article], periodical business operators (excluding anyone who publishes other periodicals) provided for in the provisions of subparagraph 6 of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions or Internet press agencies (hereafter in this Article referred to as the "press") may hold and report on an interview or debate to inquire about the platform and policy of a political party to which the candidate concerned belongs, or the candidate's political views or other matters by inviting the candidate or one or more interviewers or debaters (referring to those designated by the candidate from among those who are eligible to engage in an election campaign) with the consent of the candidate during the election campaign period: Provided, That an interview or debate inviting any person who intends to be a candidate, may be held and reported from 120 days before the election day in the president election, and from 60 days before the election day in the election of National Assembly members or Mayors/Do governors to one day before the beginning date of the election period, notwithstanding the provisions of Article 59. In this case, if the broadcasting facilities intend to hold an interview or debate and to broadcast it, they shall air it in the unedited status, and notify the competent constituency election commission of the date and time and proceeding methods, etc. of the interview or debate pursuant to the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | An interview or debate as provided in paragraph (1) shall be held autonomously by the press, in consideration of the broadcasting hour or space of newspaper, etc. |
| (3) | An interview or debate as provided in paragraph (1) shall proceed impartially, and matters necessary for it shall be prescribed by the National Election Commission Regulations. |
| (4) | The provisions of Articles 71 (12), 72 (2) and 81 (2), (6) and (7) shall apply mutatis mutandis to an interview or debate by the press inviting candidates, etc. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 82-2 (Interviews or Debates Supervised by Election Debate Broadcasting Committee) |
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| (1) | The Central Election Debate Broadcasting Committee shall hold interviews or debates in the presidential election and the election for proportional representative National Assembly members under the conditions as prescribed in each of the following subparagraphs during an election campaign period: |
| 1. | In the presidential election: Three or more times by inviting one or several persons from among the candidates; and |
| 2. | In the election of proportional representative National Assembly members: Twice or more times by inviting one or several persons designated by the representative of relevant political party from among the candidates for proportional representative National Assembly members. |
| (2) | The City/Do Election Debate Broadcasting Committee shall hold interviews and debates under the conditions as prescribed in any of the following subparagraphs for the election of the Mayor/Do governor and the election of the proportional representative City/Do council members during an election campaign period: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The election of the Mayor/Do governor: |
One or more time by inviting several persons from among the candidates; and
| 2. | The election of the proportional representative City/Do council members: |
One ore more time by inviting one or several persons who are designated by the representatives of the relevant political parties from among candidates for the proportional representative City/Do council members.
| (3) | The Gu/Si/Gun Election Debate Broadcasting Committee shall hold interviews, debates or joint broadcast campaign speech meeting once or more times by inviting the candidates for the election of National Assembly members of local constituency and the election of the head of autonomous Gu/Si/Gun during an election campaign period. In this case, the hour of joint broadcast campaign speech meeting shall be evenly alloted to each candidate within the limit of 10 minutes. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | When the Election Debate Broadcasting Committee of each level holds interviews or debates as referred to in paragraphs (1) through (3), it shall hold them by inviting the candidates falling under any one of the following subparagraphs. In this case, candidates who are invited by the Election Debate Broadcasting Committee of each level to the interviews and debates shall participate therein unless justifiable grounds exist that make it impossible for them to do so: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election: |
| (a) | Candidates recommended by the political parties having five or more National Assembly members belonging thereto; |
| (b) | Candidates recommended by the political parties that have obtained 3/100 or more votes of the total number of nation-wide valid ballots in the immediately preceding the presidential election, the election of the proportional representative National Assembly members, the election of the proportional representative City/Do council members or the election of the proportional representative autonomous Gu/Si/Gun council members; and |
| (c) | Candidates who occupy 5/100 or more support ratios averaging the results of public opinion poll conducted and publicized by the press under the conditions as set by the National Election Commission Regulations during the period from 30 days prior to the beginning date of election period to the day immediately preceding the beginning date of election period; |
| 2. | The election of the proportional representative National Assembly members and election of the proportional representative City/Do council members: |
| (a) | Candidates designated by the representative of political party falling under subparagraph 1 (a) or (b); and |
| (b) | Candidates designated by the representative of political party that has obtained 5/100 or more supports averaging the results of public opinion poll pursuant to subparagraph 1 (c); and |
| 3. | The election of National Assembly members of local constituency and the election of the heads of local governments: |
| (a) | Candidates recommended by the political parties falling under subparagraph 1 (a) or (b); |
| (b) | Candidates who have obtained 10/100 or more votes of the total number of valid ballots in the immediately preceding election, by running for relevant constituency (including the case where the district of constituency was altered and the altered district overlaps with the district of immediately preceding election); and |
| (c) | Candidates whose support ratio averaging the results of public opinion poll as referred to in subparagraph 1 (c) is 5/100 or more. |
| (5) | The Election Debate Broadcasting Committee of each level may hold the interviews or debates for candidates who are not subject to the invitation referred to in paragraph (4). In this case, the time and frequency of the interviews and debates may be determined by the National Election Commission Regulations differently from the interviews and debates held for the candidates subject to the invitation referred to in paragraph (4). <Added by Act No. 7681, Aug. 4, 2005> |
| (6) | The Election Debate Broadcasting Committee of each level shall, when any invited candidate fails to participate in the interviews or debates without any justifiable grounds in violation of the provisions of the latter part of paragraph (4), air the political party to which the relevant candidate belongs (any independent candidate is referred to as "independent"), the mark and name of the relevant candidate and the fact of his failure to participate therein when it begins the relay broadcasting provided for in paragraph (10) or (11) in order for electors to know the fact. <Added by Act No. 7681, Aug. 4, 2005> |
| (7) | When the Election Debate Broadcasting Committee of each level holds interviews or debates referred to in paragraphs (1) through (3) and (5) (including the joint broadcast campaign speech meeting; hereafter in this Article referred to as the "interviews or debates"), it shall hold it impartially. <Amended by Act No. 7681, Aug. 4, 2005> |
| (8) | When any candidate announces the contents violating this Act or takes the floor in excess of the alloted time in the interviews or debates, the chairman of an Election Debate Broadcasting Committee of each level or a member nominated in advance by him may take necessary measures, such as restraining it or making a superimposed explanation. |
| (9) | When there exists any person who obstructs a progress or deranges an order at the interviews or debates, the chairman of an Election Debate Broadcasting Committee of each level or a member nominated in advance by him may order a suspension of such an act, and when he disobeys such an order, may order him out of the interviews or debates. |
| (10) | The publicly-operated broadcasting company shall make a relay broadcast of the interviews or debates through a TV broadcasting at its own expenses: Provided, That the same shall not apply to the case where there exists a justifiable reason, such as operating a nationwide broadcasting zone, etc. in the election of the National Assembly members of local constituency and the election of the head of autonomous Gu/Si/Gun. <Amended by Act No. 7681, Aug. 4, 2005> |
| (11) | When the publicly-operated broadcasting company is unable to make a relay broadcast under the provisions of the proviso of paragraph (10) for the election of the National Assembly members of local constituency and the election of the head of autonomous Gu/Si/Gun, the Gu/Si/Gun Election Debate Broadcasting Committee may order to make a relay broadcast of the interviews or debates through the TV broadcasting by utilizing the broadcasting facilities of other ground wave broadcasting business operator or the composite cable TV business operator. In this case, any fees for using the relevant broadcasting facilities shall be borne by the State and the relevant local government. <Amended by Act No. 7681, Aug. 4, 2005> |
| (12) | When the Election Debate Broadcasting Committee of each level holds the interviews or debates, it may conduct a superimposed broadcasting or a finger language interpretation for the auditory-handicapped electors. <Amended by Act No. 7681, Aug. 4, 2005> |
| (13) | The broadcasting business operator or the relay cable TV business operator as referred to in Article 2 of the Broadcasting Act may make a relay broadcast of the interviews or debates at his own expenses. In this case, he shall make a relay broadcast without any editing. <Amended by Act No. 7681, Aug. 4, 2005> |
| (14) | The procedures for progress of the interviews or debates, publicity for their holdings, computation and payment of the fees for using broadcasting facilities, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 82-3 (Policy Debates Supervised by Election Debate Broadcasting Committee) |
|
| (1) | The Central Election Debate Broadcasting Committee shall hold a policy debate (hereafter in this Article, referred to as the "policy debates") not less than once in a month in order to make it possible for a political party to manifest its platform and policy through the broadcasting, by inviting the representative of the political party falling under each of the following subparagraphs (excluding the political party that has publicly announced that it shall not participate in an election) or the person nominated by him, from 90 days prior to the election day (in the election or reelection due to the presidential vacancy, the month next to the day on which the holding causes for the said election have become definite) of the election due to the expiration of term of office (including the election or reelection due to the presidential vacancy) to the day immediately preceding the commencing date of candidates' registrations: |
| 1. | Political party to which five or more National Assembly members belong; and |
| 2. | Political party that has obtained 3/100 or more votes of total number of nationwide valid ballots in the immediately preceding presidential election, election for proportional representative National Assembly members or election for proportional representative City/Do Council members. |
| (2) | The provisions of Article 82-2 (7) through (9), the main sentence of (10), (12) and (13) shall apply mutatis mutandis to the policy debates. In this case, the term "interviews or debates" shall be regarded as "policy debates", and "Election Debate Broadcasting Committee of each level" as "Central Election Debate Broadcasting Committee". <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The operation of, and procedures for progress of, the policy debates, and a publicity for their holdings, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 82-4 (Election Campaigns by Utilizing Information and Communications Networks) |
|
| (2) | No one may disseminate through the information and communications networks the untrue facts on a candidate (including a person intending to become a candidate) involving his spouse, or lineal ascendants or descendants, or siblings, and slander them by uselessly regarding the facts with hostility: Provided, That the same shall not apply to the time when any true facts are related with the public interests. |
| (3) | When the election commission of each level (excluding the Eup/Myeon/Dong election commission) has found that any information violating the provisions of this Act was posted on the Internet homepage or its bulletin board or chatting page etc., or that the fact of transmitting it through the information and communications networks, it may demand the person who manages or operates the Internet homepage posting the relevant information to delete the relevant information, or may demand the manager or operator of the Internet homepage handling the transmitted information, or the provider of information and communications services under the provisions of Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the "provider of information and communications services") to refuse, suspend or restrict the said handling. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | The manager or operator of the Internet homepage or the provider of information and communications services who has received a demand as referred to in paragraph (3) shall promptly comply with it. |
| (5) | The manager or operator of the Internet homepage or the provider of information and communications services who has received a demand as referred to in paragraph (3), may raise objections to the election commission that has made such a demand within three days from receiving the said demand, and the person who has posted or transmitted the relevant information may do so within three days from the date on which the relevant information was deleted or any handling thereof was refused, suspended or restricted. |
| (6) | The demand for a deletion etc. of posting the illegal information, raising objections and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 82-5 (Restriction on Transmission of Election Campaign Information) |
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| (1) | No person shall be allowed to transmit the information for the purpose of election campaigns in opposition to an expressed intent of the information recipient to refuse any receipt of messages. |
| (2) | Any person who transmits by e-mail any information for the purpose of election campaigns under the provisions of paragraph (1) (hereinafter referred to as the "election campaign information"), or who transmits by utilizing the telephone (excluding the case of a direct conversation between the sender and receiver; hereafter in this Article, the same shall apply), shall clarify in the election campaign information the matters falling under each of the following subparagraphs: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | Fact that falls under the election campaign information; |
| 2. | and 3. Deleted; and <by Act No. 7681, Aug. 4, 2005> |
| 4. | Matters concerning the measures and methods capable of easily making an indication of intent to refuse any receipt of messages. |
| (3) | Any person who transmits the election campaign information in a voice by utilizing the telephone, may transmit it only in the case of consent, after asking the receiver immediately in contact therewith whether or not receiving the messages. |
| (4) | Any person who transmits the election campaign information shall be prohibited from taking any technical measures in order to avoid or obstruct any refusal of receiving the messages by the receiver. |
| (5) | Any person who transmits the election campaign information shall take the necessary measures so as to make the receiver not to bear any telephone fees and other monetary expenses to be incurred when the receiver refuses to make any receipt of messages. |
| (6) | No person shall be allowed to transmit the election campaign information by utilizing the programs of automatically creating a contact place of the receiver, such as the telephone number, e-mail address, etc. by mixing the numerals, marks or letters, and other technical apparatuses. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 82-6 (Identification of Real Names on Bulletin Boards or Chatting Pages, etc. of Internet Press Agencies) |
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| (1) | Every Internet press agency shall, in case where it allows anyone to post his letters expressing his support for or his opposition to candidates of political parties on the bulletin board and chatting page, etc., of its Internet homepage during the election campaign period, take technical measures to have his real name identified in the methods of identifying real names that are provided by the Minister of Government Administration and Home Affairs. |
| (2) | In case where any political party or any candidate allows anyone to post his letters expressing his support for or his opposition to the political party or candidate on the bulletin board and the chatting pages of his Internet homepage that is opened and operated by it or him, it or he may take the technical measures referred to in the provisons of paragraph (1). |
| (3) | The Minister of Government Administration and Home Affairs shall manage the real name certification data that are furnished pursuant to the provisions of paragraphs (1) and (2) by persons whose real names are identified and by the Internet homepages. The Minister of Government Administration and Home Affairs shall, upon receiving a request from the National Election Commission for furnishing the real name certification data, comply without delay with the request. |
| (4) | In case where anyone whose real name is identified pursuant to the provisions of paragraph (1) posts his letters, the relevant Internet press agency shall take technical measures to get the sign of the "real name identification" to appear on the bulletin board and the chatting page, etc. of its Internet homepage. |
| (5) | Every Internet press agency shall be prohibited from asking anyone who intends to post his letters on the bulletin board and the chatting page, etc. of its Internet homepage to post his resident registration number thereon. |
| (6) | In case where any letter expressing the intention of supporting or opposing any political party or any candidate without the sign of "real name certification" are posted on the bulletin board and the chatting page, etc. of the Internet homepage, the relevant Internet press agency shall delete without delay such letter. |
| (7) | In case where any political party, any candidate and the election commission of each level requests the deletion of the letter referred to in the provisions of paragraph (6), the relevant Internet press agency shall promptly comply with the request. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 82-7 (Internet Advertisements) |
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| (1) | Every candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this Article the same shall apply) may post his advertisements for his election campaign (hereinafter referred to as the "Internet advertisements") on the Internet homepages of Internet press agencies. |
| (2) | The Internet advertisements referred to in paragraph (1) shall carry the grounds of the advertisements and the names of advertisers thereof. |
| (3) | Not less than 2 candidates who are recommended by the same political party may jointly post the Internet advertisements referred to in paragraph (1). In this case, expenses shall be shared by them according to their agreement and details of the sharing of the expenses shall be explicitly indicated in the advertisement contract. |
| (4) | Candidates who intend to post their Internet advertisements referred to in paragraph (1) shall make a report in writing, accompanied by the manuscripts of their advertisements, the copy of their advertisement contract, on the name of the Internet press agency, the advertisement period, advertisement expenses, etc. (in the case of paragraph (3), details of the sharing of the expenses are included) to the competent constituency election commission. |
| (5) | No one shall post any Internet advertisement for his election campaign except the case of paragraph (1). |
| (6) | The form of the Internet advertisement report and other necessary matters shall be determined by the National Election Commission Regulations. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 83 (Provision of Transportation) |
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| (1) | In the presidential election, the Administrator of the Korean National Railroad shall issue each candidate with 50 free nationwide passes to be used continuously for the election campaign during the election campaign period as prescribed by the National Election Commission Regulations. |
| (2) | A candidate who is issued with the free nationwide passes as provided in paragraph (1), where he resigns or dies or his registration becomes nullified, shall not use them thereafter and shall immediately return them to the Administrator of the Korean National Railroad. |
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| Article 84 (Independent Candidates Prohibited from Professing Political Party) |
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An independent candidate shall not profess that he is supported or recommended by a specific political party: Provided, That this shall not apply to an indication that he was a political party member during his career. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004>
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| Article 85 (Prohibition of Election Campaign Taking Advantage of Status) |
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| (1) | A public official shall not engage in an election campaign taking advantage of his status. In this case, the public official, if carrying out an election campaign aiming at the staff under his control or officers and employees of an institution as provided in Article 53 (1) 4 through 6, or officers and employees of a related private enterprise as provided in Article 17 of the Public Service Ethics Act, shall be deemed to have engaged in an election campaign taking advantage of his status. <Amended by Act No. 6388, Jan. 26, 2001; Act No. 7681, Aug. 4, 2005> |
| (2) | No one shall have another person carry out an election campaign aiming at the members of an educational, religious or professional institution or organization or have such members carry out an election campaign, taking advantage of any occupational act in the organization thereof, or have another person carry out an election campaign aiming at a business organization, enterprise or members thereof or have such an organization, enterprise or member thereof carry out an election campaign, taking advantage of a special transaction status such as a systematization or subcontract. |
| (3) | No one shall carry out an election campaign aiming at a person who has no voting franchise but is under a special educational relation, taking advantage of an educational act. |
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| Article 86 (Public Officials, etc. Prohibited from Acts of Having Effects on Election) |
|
| (1) | A public official (excluding a National Assembly member, his assistant, chief secretary, and secretary, and a local council member), fulltime officer or employee of an institution as provided in Article 53 (1) 4 and 6, head of Tong/Ri/Ban, the members of residents' self-governing committee, executive officer higher than a platoon leader of the Homeland Reserve Forces, full-time officer or employee of a national movement organization established pursuant to a special Act and contributed or subsidized by the State or local governments (referring to the Moral Life Movement, the Saemaul Movement Council, the Korea Freedom League), and the representatives of these organizations, etc. (including City/Do organizations and Gu/Si/Gun organizations) shall not commit the act provided for in any one of the following subparagraphs: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | An act of promoting the achievements of a specific political party or a candidate (including a person who wishes to be a candidate; hereafter the same shall also apply in this Article) toward the personnel under his supervision or the electors, regardless of the pretext of education or whatever; |
| 2. | An act of participating in the planning of an election campaign or in the implementation of such planning; |
| 3. | An act of surveying or publishing a support rate of the electors for a political party or candidate; |
| 4. | An act of offering or promising to offer money, goods, or interests other than those as prescribed by the Acts and subordinate statutes to the personnel under his supervision or to the electors during the election campaign period, notwithstanding the pretext: Provided, That the ceremonies of coming-of-age, marriage, funeral or ancestor memorial, or other acts by courtesy or on duty as prescribed by the National Election Commission Regulations shall be excepted; |
| 5. | An act of holding a ground-breaking ceremony, during the election campaign period, for a construction work which is not to be immediately proceeded from among the projects to be executed out of the budget of the State or local governments; |
| 6. | An act of taking a business trip for something other than a normal business purpose during the election campaign period; and |
| 7. | An act of visiting any institution or facilities related to his duties, on leave, during an election campaign period. |
| (2) | The head of a local government shall not commit any act as provided in any of the following subparagraphs from 60 days prior to the election day (in case of a special election, etc. whose holding causes have become definite after 60 days prior to the election day, the time when the causes for holding the relevant election have become definite) to the election day: <Added by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| 1. | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| 2. | An act of advertising or propagating the platforms, policies, doctrine and advocacy of the party to the residents in the constituency: Provided, That the same shall not apply to the case where he becomes a preliminary candidate or a candidate for an election of the head of relevant local government; |
| 3. | An act of attending all political events held by a political party such as a lecture meeting on the current situation, campaign meeting, or rally for training and unity of party members, etc. with the exception of a rally for formation of a political party, merger of parties, party reorganization, or election of candidates, or visiting an election campaign organization, election campaign office, or election campaign liaison office: Provided, That the same shall not apply to the cases where he becomes a candidate for the election of the head of the local government concerned, or where he pays a courtesy call as a member of a political party to any political party's public open meetings organized only for its members by the political party whereto he belongs; |
| 4. | An act of holding or supporting lectures on culture, project explanation meetings, public hearings, meetings of professional groups, athletics meetings, entertaining events for the aged, counselling of petition by general public, or other various events, with the exception of those as referred to in the following items: |
| (a) | Acts of holding or supporting the events to be held or supported under the Acts and subordinate statutes; |
| (b) | Acts of holding or supporting events whose purposes may not be achieved unless they are held on a special day or during a specific period of time; |
| (c) | Acts of relieving or restoring damages or losses from natural disasters, or other hazards; |
| (d) | Acts of holding or supporting a vocational guidance education or a charged cultural lecture, or acts of supporting a lecture for culture to be held by the residents' self-governing center: Provided, That this shall not include the acts of supporting an opening of the new lecture in excess of previous scope, or increasing the number of participants, or the lecture on culture by the residents' selfgoverning center to be conducted by relocating its place; |
| (e) | Acts of solving a group civil petition or an urgent civil petition when it takes place; and |
| (f) | Acts equivalent to those under items (a) through (e), as prescribed by the National Election Commission Regulations; and |
| 5. | An act of attending the meetings organized by a head of Tong/Ri/Ban: Provided, That this shall not apply to the case of natural disasters or other hazards, or of a group civil petition or an urgent civil petition when it takes place. |
| (3) | The head of a local government shall not, during the period that is set in any one of the following subparagraphs in connection with the act of performing his duties provided for in the provisions of Article 112 (2) 4, commit any acts to give or promise to give the money, valuables and other benefits other than those as prescribed by the Acts and subordinate statutes to the staff members under his command or residents in a constituency regardless of the pretext, after clarifying his title or name or by means to be presumed that he commits such acts: Provided, That the same shall not apply to the act that has been routinely performed by any local government prior to the date on which the term of office of the head of the relevant local government commences in connection with the act of performing his duties or the act of offering or promising money, goods and interest that has been routinely performed according to the Municipal Ordinance of the relevant local government, which specifically governs the subjects, methods and scopes, etc. prior to the date on which the period provided for in each of the following subparagraphs commences: <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Case where he intends to become a candidate for an election whose election district is same as the district under jurisdiction of the relevant local government or overlaps with it: From one year prior to the election day (in a special election, etc., the time when the causes for holding the said election have become definite) to the election day; and |
| 2. | Case of the election other than subparagraph 1: From sixty days prior to the election day (in a special election, etc. whose holding causes have become definite after 60 days prior to the election day, the time when the causes for holding the relevant election have become definite) to the election day. |
| (4) | Notwithstanding the provisions of the proviso of paragraph (3), the case falling under any one of the following subparagraphs shall be deemed to fall under the "by means to be presumed to perform the act": <Added by Act No. 7681, Aug. 4, 2005> |
| 1. | Where the previous subjects, methods, scopes and time, etc. are expanded and changed; |
| 2. | Where the act is preformed in any place or any event in which the head of the relevant local government is present; |
| 3. | Where the additional act is preformed to publicize the achievements of the head of the relevant local government; |
| 4. | Where the act is performed in a manner that may analogize the official title or name of the head of the relevant local government; and |
| 5. | Other case that is prescribed by the National Election Commission Regulations as being corresponding to any of each subparagraph above. |
| (5) | Except for the acts falling under any of the following subparagraphs, the head of a local government shall not publish, distribute or broadcast the publicity articles (including publicity papers, news bulletins, publications, facilities, sound recordings, visual records and other publicity articles, and the cases utilizing newspapers and broadcasting) to inform the residents of the plans for projects, process records and other activities of local government in excess of one kind and one time per quarter; and may not publish, distribute or broadcast the publicity articles from 180 days (in case of a special election, etc., the day when the ground for holding an election is confirmed; hereafter the same shall apply in paragraph (6)) before the election day of the head of relevant local government to the election day: <Added by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7850, Mar. 2, 2006> |
| 1. | Acts of publishing, distributing or broadcasting the publicity articles which are prescribed to do so by the Acts and subordinate statutes; |
| 2. | Acts of obtaining the consent of persons and residents interested in specially designated projects in order to carry out such projects; |
| 3. | Acts of solving a group civil petition or an urgent civil petition when it takes place; and |
| 4. | Other acts which are equivalent to those as referred to in the above subparagraphs and which are prescribed by the National Election Commission Regulations. |
| (6) | The head of a local government may not attend the lecture on culture to be held by the residents' self-governing center, any event other than those held by public agencies during his office hours from 180 days before the election day of the head of such a local government to the election day. <Added by Act No. 5537, Apr. 30, 1998; Act No. 6663, Mar. 7, 2002> |
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| Article 87 (Prohibition of Organization's Election Campaign) |
|
| (1) | The institution or organization falling under any one of the following subparagraphs shall not be allowed to wage election campaigns under its title or that of its representative: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The State and local governments; |
| 2. | Institutions or organizations as referred to in Article 53 (1) 4 through 6; |
| 3. | Like-minded associations such as native folks society, relatives' society, alumni association, alpine society, etc., and private group of individuals such as fraternity group; |
| 4. | National movement organizations established under the special Acts that receive any contribution or subsidy from the State or local governments (referring to the Moral Life Movement, Saemaul Movement Council, Korea Freedom League); |
| 5. | Organizations prohibited from participating in the political activities or an election for public officials pursuant to the Acts and subordinate statutes; |
| 6. | Institutions or organizations wherein a candidate or his family members (hereafter in this paragraph, referred to as the "candidates, etc.") serve as officers, or established by contributing the assets of candidates, etc., or the candidate, etc. bear their operational expenses, or exercise the substantial influences in decision-making on their intentions pursuant to the related statutes or rules; |
| 7. | Deleted; and <by Act No. 7681, Aug. 4, 2005> |
| 8. | Institutions or organizations whose majority of constituents are composed by the persons not entitled to make any election campaigns. |
| (2) | No person may establish or set up any private organization or other organizations, such as the research institution, fellow members society, native folks society, alpine society, early rising soccer club, external group of a political party, regardless of their titles or professed purposes, for the election campaigns of a candidate (including a person intending to become a candidate). |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 88 (Prohibition of Election Campaign in Favor of Other Candidates) |
|
A candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, or debater shall not carry out an election campaign in favor of another political party or candidate: Provided, That where part of an election campaign, while intended for a political party or candidate, leads to an election campaign for another political party or candidate, and where he supports the same political party or a candidate recommended by the same political party, or where the election campaign manager jointly appointed under this Act performs an election campaign, this shall not apply.
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| Article 89 (Similar Institutions Prohibited from Being Established) |
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| (1) | Except for an election campaign office or election campaign liaison office as provided in Article 61 (1) and (2), no one shall newly establish or set up an election promotion committee, supporters' association or research institute, consultation office, or resting place, and other similar institution, association, organization or facilities, regardless of their titles, for a candidate (including a person intending to become a candidate; hereafter the same shall apply in this Article), or use the existent institution, association, organization or facilities: Provided, That the same shall not apply to one election countermeasure organization to be respectively established at the office of central party and City/Do party of a political party, and a supporters' association as prescribed by the Political Fund Act. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | An institution, association, organization, or facility established and operated by a political party or a candidate shall not do anything, to the electors concerned, that may influence the election, or carry out propaganda using a poster, placard, broadcast, newspaper, communications, magazine or printed matter, or other means in the name of the political party or candidate, or in a manner that such a name may be analogized, in order to let the electors know the establishment or activities of such institution, organization or facilities from 180 days before the election day (the time when the cause for holding the election becomes final, in case of a special election) to the election day: Provided, That the same shall not apply to any notice and any advertisement aimed for raising funds provided for in the provisions of Article 15 of the Political Fund Act. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 89-2 Deleted.<by Act No. 7189, Mar. 12, 2004> |
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| Article 90 (Prohibition of Installing Facilities) |
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No one shall or shall have another person install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising materials or facilities, except for those as prescribed by this Act, and shall or shall have another person wear or distribute a label or other indicating materials, and shall make or sell a symbol indicating the candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article) such as a doll or mascot, in order to have an influence on the election from 180 days before the election day (the time when the cause for holding the election becomes final, in the case of a special election) to the election day. In this case, the use of the name of the political party (including a preparatory committee for the formation of a new political party), the candidate's name or photograph, or any particular way by which it is possible to analogize such a name, except for an act of courtesy, occupation or business, or ordinary political party activity as prescribed by the National Election Commission Regulations, shall be deemed as for exerting an influence on the election. <Amended by Act No. 5127, Dec. 30, 1995>
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| Article 91 (Restriction on Use of Loudspeaker Systems and Motor Vehicles) |
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| (1) | No person shall use a loudspeaker system for an election campaign, except in a case where it is used for a campaign speech at an open place, a campaign speech, interview or debate at an interview place, or an interview or debate meeting place, as prescribed by this Act. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
| (3) | No person shall carry out an election campaign, using a motor vehicle: Provided, That the same shall not apply to the case where an election campaign is waged aboard any motor vehicle at the place of campaign speech or interview as provided in Article 79, or where a motor vehicle is used by attaching thereon the posters under the provisions of Article 79 (6). <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | Except as provided in the proviso of paragraph (3), a political party, candidate, election campaign manager, or chief of the election campaign liaison office may operate or have another person operate a motor vehicle or ship not exceeding the number specified in the following subparagraphs carrying marks issued by the competent election commission, to which posters referred to in Article 64 and election campaign bulletins provided for in Article 65 are attached: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | In the presidential election and the election of the head of City/Do, up to five motor vehicles or ships for each election campaign office and election campaign liaison office; |
| 2. | In the election of the National Assembly member of local constituency and the election of the head of an autonomous Gu/Si/Gun, up to five motor vehicles or ships for each candidate; |
| 3. | In the election of the City/Do council member of local constituency, up to two motor vehicles or ships for each candidate; and |
| 4. | In the election of the autonomous Gu/Si/Gun council members of local constituency, one motor vehicle or ship for each candidate. |
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| Article 92 (Prohibition of Election Campaign Using Motion Pictures, etc.) |
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No person shall distribute, perform, play, show or run writings, entertainment, drama, motion picture or photograph for an election campaign uring the election campaign period by means which are not prescribed in this Act.
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| Article 93 (Prohibition of Unlawful Distribution or Posting, etc. of Documents and Pictures) |
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| (1) | No one shall distribute, post, scatter, play, or run an advertisement, letter of greeting, poster, photograph, document, drawing, printed matter, recording tape, video tape, or the like which contains the contents supporting, recommending or opposing a political party (including the preparatory committee for formation of a political party, and the platform and policy of a political party; hereafter, the same shall apply in this Article) or candidate (including a person who wishes to be a candidate; hereafter, the same shall apply in this Article) or showing the name of the political party or candidate with the intention of influencing the election, not in accordance with the provisions of this Act, from 180 days before the election day (the time when the cause for holding the election becomes final, in case of a special election) to the election day: Provided, That the same shall apply to a case where any candidate personally hands out his name cards provided for in the provisions of Article 60-3 (1) 2 to electors and one person who is designated by the candidate from among persons accompanying him and the candidate's spouse (including one person who is reported by the candidate instead of his spouse from his lineal descendants and lineal ascendants) hand out his name cards to electors during the election campaign period. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | No person may advertise works, entertainments, drama, motion pictures, photographs and other articles showing the name of a political party or candidate by means which are not prescribed in this Act from 90 days prior to the election day to the election day, and a candidate may not appear in the advertisements by broadcast, newspaper, magazine and others: Provided, That this shall not apply to ordinary advertisements for sale of periodicals provided for in the provisions of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions, except in case of the election period. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7681, Aug. 4, 2005> |
| (3) | No one shall issue, distribute or demand, or have others do so, an identification card, document and other printed matter to or of the residents in the constituency in order to induce or promise them to carry out an election campaign. <Added by Act No. 5127, Dec. 30, 1995> |
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| Article 94 (Prohibition of Advertisements by Broadcast or Newspaper, etc.) |
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No one shall run an advertisement, by means which are not prescribed in this Act, through press media such as a broadcast, newspaper, communication, magazine or other periodicals for an election campaign during the election campaign period. <Amended by Act No. 6265, Feb. 16, 2000>
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| Article 95 (Prohibition of Abnormal Distribution of Newspapers or Magazines, etc.) |
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| (1) | Except as prescribed by this Act, no one shall distribute, or reproduce an article and distribute, in a way other than normal, a newspaper, communication, magazine, or the organ of an institution, organization or facilities, or other periodicals which carried an article about the election. |
| (2) | For the purpose of paragraph (1), the term "article about the election" means an article on the success or defeat of a candidate (including a person who wishes to be a candidate; hereafter, the same shall apply in Articles 96 and 97) in the election, or an article in favor of or against a certain political party (including the preparatory committee for formation of a political party), and the term "distributed in a normal way" means to be published and distributed in the way and scope of the past. |
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| Article 96 (Prohibition of False Criticism and Report) |
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A person who operates or manages a broadcast, newspaper, wire service, magazine, or other periodicals or a person who edits, gathers materials, writes or reports, shall not report a false fact or report or criticize a fact in a distorted way as to the election, with the intention of making a certain candidate win or lose in the election.
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| Article 97 (Restriction on Unlawful Use of Broadcast or Newspaper) |
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| (1) | No one shall offer, manifest his will to offer, or promise to offer money and goods, banquet, or other interests for the election campaign to a person who operates, manages a broadcast, newspaper, communication, magazine, or other publications, or a person who edits, gathers materials, writes, or reports. |
| (2) | No political party, candidate, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, campaign speechmaker, interviewer, debater, or company having relations with the candidate or his family as provided in Article 114 (2) shall offer, manifest his will to offer, or promise to offer money and goods, banquet, or other interests to a person who operates or manages a relevant broadcast, newspaper, wire service, magazine, or other publications, or a person who edits, gathers materials, writes, or reports, or his assistant, in connection with a news, criticism, interview or debate on the election. |
| (3) | A person who operates, manages a broadcast, newspaper, wire service, magazine, or other publications, or a person who edits, gathers materials, writes, or reports shall not receive, solicit, demand or promise money, banquet, or other interests as provided in paragraphs (1) and (2). |
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| Article 98 (Restriction on Use of Broadcast for Election Campaign) |
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Except as prescribed by this Act, no one shall broadcast or have someone else broadcast for an election campaign, using the broadcasting facilities, regardless of the way of using it. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>
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| Article 99 (Prohibition of Election Campaign by Internal Broadcast) |
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Except as prescribed by this Act, no one shall carry out an election campaign using broadcasting equipment installed in transportation means, building or facilities during the election period.
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| Article 100 (Prohibition of Use of Recorders) |
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No one shall wage the election campaign using any recorder or video camera (including a video and audio device) during the election campaign period in violation of the provisions of this Act. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
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| Article 101 (Prohibition of Other Campaign Speech Meetings) |
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No person shall hold a campaign meeting to give out his personal political views, a lecture meeting on the current situation, a discussion meeting, a debate meeting, other campaign speech meetings, or an interview or debate meeting other than a campaign speech, interview or an interview or debate meeting as prescribed by this Act by gathering many people during the election period, with the intention of influencing an election. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 102 (Restriction on Night Campaign Speeches) |
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A campaign speech, interview or an interview or debate meeting (excluding a case where any broadcasting facilities are used) as prescribed by this Act shall not be held from 11 P.M. till 6 A.M. on the following day, and any campaign speech or interview at an open place shall not be held from 10 P.M. till 7 A.M. on the following day: Provided, That an interview or debate at an open place may be held from 6 A.M. till 11 P.M. if only a portable loudspeaker is used. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 7189, Mar. 12, 2004>
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| Article 103 (Restriction on Various Assemblies) |
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| (1) | No one shall hold a native folks society, relatives' society, or alumni association intended for the electorate or in the area where an election is held during the election period: Provided, That the same shall not apply to the presidential election. <Added by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | National movement organizations (referring to the Moral Life Movement, the Saemaul Movement Council and the Korea Freedom League) that are established pursuant to the special Acts with contributions and subsidies provided by the State or local governments and residents' self-governing centers shall be prohibited from holding any meeting and any gathering during the election period regardless of their names. <Added by Act No. 7681, Aug. 4, 2005> |
| (3) | No one shall hold any rally to strengthen the unity, picnic, or other assemblies during the election period, with the intention of influencing an election. <Amended by Act No. 6265, Feb. 16, 2000> |
| (4) | The neighbor's meeting in Ban shall not be held during the election period unless there is any special reason. |
| (5) | No one shall hold a party in honour of the publication of a book relating to a candidate (including the person intending to become a candidate) from 90 days prior to the election day (in the special election whose holding causes have become definite after 90 days prior to the election day, the time when the holding causes for said election have become definite) to the election day. <Added by Act No. 7189, Mar. 12, 2004> |
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| Article 104 (Prohibition of Disturbing Acts, etc. at Campaign Speech Meeting) |
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No one shall disturb the order at the place of speech or interview, etc., or interfere with its proceeding by violence, threat, or any other means at the place of campaign speech or interview at the open place, of interview or debate meeting, or of a rally of a political party as prescribed by this Act, and no torch shall be used except in a case where the person in charge of a speech or interview, etc. uses it for lighting the speech platform and its surroundings. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 105 (Prohibition of Procession, etc.) |
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| (1) | No one shall commit the acts falling under any one of the following subparagraphs by forming a group in excess of two persons (five persons including the candidate in case of accompanying him) in order to wage the election campaign: Provided, That in the case of performing the act referred to in subparagraph 2, the candidate, his spouse (including one person who is reported by him instead of his spouse from among his lineal descendants and ascendants), the election campaign manager, the chief of the election campaign liaison office, the election campaign worker and the accountant in charge shall not be included in the number: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Act of marching along the street; |
| 2. | Act of saluting the multitude of electorates; and |
| 3. | Act of shouting repeatedly: Provided, That the same shall not apply to the case of repeated shouts to express supports for the relevant political party or candidates at the speech or interview at an open place under the provisions of Article 79. |
| (2) | No one may perform the election campaign, wearing a cap or clothes in the same shape and color or carrying other symbols: Provided, That the same shall not apply to a case where the person provided for in the provisions of the proviso of paragraph (1) with the exception of each subparagraph thereof wears his cap and T-shirt of the same shape and color. <Added by Act No. 5412, Nov. 14, 1997; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 106 (Restriction on House-to-House Visits) |
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| (1) | No one shall make a house-to-house call to persuade other person to join a political party, for an election campaign or during the election period. |
| (2) | Notwithstanding the provision of paragraph (1), a person who is eligible for an election campaign may appeal for support for a political party or candidate at a ceremony of coming-of-age, marriage, funeral and ancestor worship, road, market, shop, tea room, waiting room, or other open places to which many people have an access. |
| (3) | No person shall make a house-to-house call for the notification of any campaign speech or interview at an open place during the election period. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 107 (Prohibition of Signature or Seal Campaign) |
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No one shall obtain a signature or seal from an elector for an election campaign.
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| Article 108 (Prohibition of Publication of Public Opinion Poll) |
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| (1) | No one shall publish or report by quoting the details or result of a public opinion poll (including a mock voting or popularity poll; hereafter the same shall also apply in this Article) that may result in a presumption of a support rate of a political party or a winning candidate in connection with an election from 6 days before the election day to the close of balloting on the election day. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7681, Aug. 4, 2005> |
| (2) | No one shall conduct a public opinion poll on an election using the means based upon models similar to the ballot paper or under the name of the candidate (including the person who wishes to be a candidate; hereafter the same shall also apply in this Article) or political party (including the preparatory committee for formation of a political party; hereafter the same shall also apply in this Article) from 60 days before the election day (the time when the cause for holding the election becomes final, in the case of a special election; hereafter the same shall also apply in this Article) to the election day. <Amended by Act No. 5412, Nov. 14, 1997> |
| (3) | Where a public opinion poll on an election is conducted for the purposes of disclosure or report, an inquiring person shall tell those to be polled the title, address, or telephone number of institutions or associations conducting the public opinion poll, and his identity, and select those to be polled capable of representing the whole strata of relevant objects of poll, and shall not perform practices falling under any of the following subparagraphs: <Added by Act No. 5412, Nov. 14, 1997> |
| 1. | Practices in which questions are made of biased vocabulary or sentences to a particular political party or candidate; |
| 2. | Practices in which those to be polled are urged to give answers, or where questions are made to lead them to give answers according to the intention of the inquiring person or where the views of those polled are distorted; |
| 3. | Practices in which inquiries are made in ways that amusement and other gambling spirit is incited; and |
| 4. | Practices in which the name of those polled or the contents implicating it are disclosed. |
| (4) | Where results of public opinion poll on an election are revealed or publicized, the name of client, institution or association of public opinion poll, method of selecting those polled, size of samples, areas polled, dates or method of polling, error rate of samples, response rates, contents of questions, etc. shall be disclosed or publicized together; the institution or association conducting public opinion poll on an election shall keep for the period of six months after the election day all those materials which are related to the public opinion poll, including necessary materials to evidence credibility and objectivity of polling, such as polling plans, selection of those to be polled, sampling, making of questionnaire, results analysis, etc., and collected answer sheets and results analysis materials, etc. <Added by Act No. 5412, Nov. 14, 1997> |
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| Article 109 (Prohibition of Election Campaign by Letters, Telegrams, etc.) |
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| (1) | No one shall carry out any election campaign to the elector using letters, telegrams, or facsimile, or other means of telecommunication during the election period: Provided, That this shall not apply to the case where the Internet (in the case of the Internet advertisements, limited to the advertisements provided for in the provisions of Article 82-7) or telephone (excluding telephones fitted with automatic transmission system through computer) is used. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | An election campaign by means of a telephone as provided in the proviso of paragraph (1) shall not be carried out in the night-time (referring to the time between 11 P.M. and 6 A.M. on the following day). |
| (3) | No one shall threaten a candidate, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, campaign speechmaker, interviewer, debater, or elector, etc. through a telephone or other means, for an election campaign. |
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| Article 110 (Prohibition of Slander against Candidates, etc.) |
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No one shall publish, for an election campaign, any false facts about the birthplace, status, occupation, career, property, personality, or activity of a candidate (including the person who wishes to be a candidate; hereafter the same shall apply in this Article), his spouse, lineal ascendants or descendants, or siblings, or about an organization to which such persons belong, or slander a private life by openly pointing out a fact: Provided, That this shall not apply where it is true and for the benefit of the general public.
[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]
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| Article 111 (Report on Parliamentary Activities) |
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| (1) | A National Assembly member or a local council member may report his parliamentary activities (including activities in his constituency and other matters necessary for publicity of his achievements) to the electorate (including the electorate newly included in the district by the change of the administrative or electorate district; hereafter in this Article the same shall apply), through assemblies such as briefing sessions, written reports (including printed matter, sound recording, video recording, and copies of computerized data), the Internet or telephone (excluding the case of telephones fitted with automatic transmission system in use of computers) or congratulatory speeches or greeting words (including the case of posting them): Provided, That the parliamentary activities by other means than posting a written report on parliamentary activities on the Internet shall not be reported through activities in respect to his duties or others regardless of the pretext, from 90 days prior to the election day of the presidential election or of the election of National Assembly members, local council members, or the heads of local governments, to the election day. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | In case where a National Assembly member or a local council member holds a briefing session of his parliamentary activities, he may paste or post notification posters and marks of session venue, and print the session name, date and time, venue and matters to be reported (excluding the contents to propagate the person who wishes to be a candidate) on the relevant posters and marks. In this case, a National Assembly member or local council member who holds a briefing session of his parliamentary activities shall, upon the completion of the said session, remove the posters and marks without delay. |
| (3) | Any National Assembly member or any local council member who intends to mail the report pursuant to the provisions of paragraph (1) may file an application in writing with the head of Gu/Si/Gun for delivering the names and addresses of householders who are the electors (hereafter in this Article referred to as the "roll of householders") once in a year within the scope of the quantity of the delivery and the head of Gu/Si/Gun shall, upon receiving the application, promptly prepare and deliver the roll of householders to the applicant, notwithstanding the provisions of other Acts. <Added by Act No. 7681, Aug. 4, 2005> |
| (4) | The provisions of Article 46 (3) and (4) shall apply mutatis mutandis to the payment of expenses required to prepare the roll of householders referred to in paragraph (3) and the prohibition on transferring, lending and using the delivered roll of householders . In this case, the "electoral register" or the "electoral register for reported absentees" shall be deemed the "roll of householders". <Added by Act No. 7681, Aug. 4, 2005> |
| (5) | The size and quantity of the notification posters and marks of the briefing session of parliamentary activities, the application for the delivery of the roll of householders and other matters necessary for the report on parliamentary activities shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005> |
[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]
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| Article 112 (Definitions of Contribution Acts, etc.) |
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| (1) | For the purpose of this Act, the term "contribution act" means an act of offering money, valuables and other benefits to property, an act of expressing an intention to provide the benefits, or an act of making a promise of such a providing to the persons in a relevant constituency, or an institution, organization, facilities, and to the meetings or events of the electorate, or to the persons having connections with the electorate even if they are outside the relevant constituency, or an institution, organization and facilities. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | Notwithstanding the provisions of paragraph (1), acts falling under any one of the following subparagraphs, shall not be regarded as contribution acts: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Acts relating to ordinary activities of political parties: |
| (a) | Acts by a political party to support the operational expenses of relevant political party or pay remunerations to the salaried clerks in the political party of each level; |
| (b) | Acts by the members of political parties to pay the party members fee and other shares pursuant to the party constitution or regulations and other internal regulations; |
| (c) | Acts by a political party to support the election expenses to the candidates belonging thereto within the limit of restricted amount of election expenses; |
| (d) | Acts to furnish the reading materials and other printed matters for political party's publicity, cheap badges of political party, or symbol mascots at the expense of a political party to the participating party members at a rally for the formation of political party, etc. under the provisions of Article 140 (1), a rally of party members or their training sessions under the provisions of Article 141 (2) and other rallies exclusive to party members belonging thereto; |
| (e) | Acts to furnish the foods of a kind of snack, such as the snacks, rice cakes (TTeook), scrolled rice with dry sea weed (Gimbap), drinks (excluding alcoholic drinks), etc. within the ordinary limits to the persons visiting the election campaign office, election campaign liaison office or political party's office; and |
| (f) | Acts to furnish the foods of a kind of meals (excluding the treating including the foods conducted at the hot spring resorts, tourist resorts, or amusement parks) within the ordinary limits to the party executives taking part in the meeting of party executives wherein the representatives of City/Do parties participate (referring to the meeting wherein the executives of local responsible person's level above the unit of Eup/Myeon/Dong and the highranking executives equivalent to the number of competent Gu/Si/Gun); |
| (a) | Acts to offer the money or goods for congratulations or condolences at a ceremony of coming-of-age, marriage, funeral and ancestral worship of relatives under the provisions of Article 777 of the Civil Act or other congratulations or condolences; |
| (b) | Acts by the representative of political party to offer the ceremonial gifts to the salaried clerks working in the relevant political party at the year-end, new year or harvest festival; |
| (c) | Acts by the representative of political party to offer the foods of a kind of meal at the expense of a political party to the representative, responsible person or salaried party executives of a political party of each level who take part in the meeting of party affairs supervised by the representative of political party; |
| (d) | Acts to open a social gathering at the expense of a political party, when the representative of central political party visits the City/Do political party in order to grasp the party affairs and converge local public opinions, by inviting personnel of limited scopes, such as the heads of institutions and organizations, executives of social organizations, and press people, etc. in the visiting area, and offer the foods of a kind of meal; |
| (e) | Acts by the constituents of various social or friendship groups and social organizations, such as friendship club, native folks society, relatives' society, alumni association, etc. to pay membership fees within the previous limits pursuant to the articles of association, regulations or duties under the operational practices; |
| (f) | Acts by the believers to donate money (including an offer of goods) to the chapel, Catholic church, temple, etc. of their usual call pursuant to the ordinary practices; |
| (g) | Acts to offer the foods of a kind of meal within the ordinary scope (excluding the treating including the foods conducted at the hot spring resorts, tourist resorts, or a place equipped with amusement facilities) to the companions, when the companions going with the candidate for election campaign or the members of the National Assembly, candidates, preliminary candidates visit the areas within the competent districts. In this case, the scope of companions shall be stipulated by the National Election Commission Regulations; |
| (h) | Acts by the representatives of institutions, organizations or facilities to offer the money or goods for congratulations or condolences within the ordinary scope when the full-time employee under their command, his spouse, lineal ascendants or descendants have married or deceased; and |
| (i) | Acts to grant awards (excluding any supplementary award) in cultural, artistic and sports events regularly held in the Eup/Myeon/Dong or superior administrative district, the graduation ceremonies of schools of various levels and events held in the public interest within the ceremonial scope: Provided, That the acts to grant awards by any candidate (including anyone who intends to be a candidate) from the date on which the application for the registration of preliminary candidates commences under Article 60-2 (1) to the election day shall be excluded; |
| 3. | Remedial or charitable acts: |
| (a) | Acts to offer the subscription of money or goods to the accommodating asylums from among the social protection facilities established under the Acts and subordinate statutes; |
| (d) | Acts to offer the charitable or relief money and goods to the severelydisabled persons who are the qualified recipients under the National Basic Living Security Act; and |
| (e) | Acts to offer the charitable or relief money and goods to the juristic persons or organizations established by obtaining the permission of the State, local governments, press, social organizations or religious organizations which supervise and implement charitable businesses and other State agencies or local governments: Provided, That in case where they are subject to the wide-scope electorate, an act to offer them through the means discernible of persons who offer them, shall be excluded; |
| (a) | Acts by the State or local governments to offer money and goods (in case where any local government grants official commendations and awards, the granting of any supplementary award shall be excluded; hereafter in item (b) the same shall apply) pursuant to the Acts and subordinate statutes which are implemented under their own project plans and with their budgets; |
| (b) | Acts by the local governments to offer money and goods under their own project plans and with their budgets, under the Municipal Ordinance of the relevant local governments which stipulates definitely the objects, methods, scopes, etc.; |
| (c) | Acts of relief or charity which are implemented by the State agencies or local governments executing relief or charity projects under their own project plans and with their budgets after revealing their titles; |
| (d) | Acts by the heads of the State, local governments or public institutions (referring to the government-invested institutions under the provisions of Article 2 of the Framework Act on the Management of Government-Invested Institutions and other institutions as stipulated by the National Election Commission Regulations) to offer the foods of a kind of meal (referring to the snacks in the cases of the heads of local governments) not later than 60 days prior to the election day within the ordinary limits and in accordance with their own project plans and budgets, to the public officials under their command, officers and employees, heads of the related agencies or organizations, representatives of the residents within customary scopes, who have taken part in the meeting to receive a report on affairs or to hear the residents' public opinions, etc. while they visit the subordinate agencies for the first round of visits or the New Year's visit; and |
| (e) | Acts to perform the obligations, such as furnishing the prices for purchase of goods, construction works, provision of services, etc. or paying the shares in expenses, etc.; and |
| 5. | Other acts corresponding to any one of the above subparagraphs, which are stipulated by the National Election Commission Regulations. |
| (3) | The term "food of a kind of meals provided within the ordinary limits" in paragraph (2) means those which are offered for consumption at the site to the extent of satisfying every day courtesy not exceeding the amount of money as prescribed by the National Election Commission Regulations, excluding what are provided as souvenirs or gifts. <Added by Act No. 5412, Nov. 14, 1997> |
| (4) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
| (5) | The election commission of each level (excluding the Eup/Myeon/Dong election commission) shall promulgate the subject, contents and period of the restriction on any contribution act and other necessary matters, by means of advertisement, etc. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 113 (Restriction on Contribution by Candidates, etc.) |
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| (1) | A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person intending to become a candidate), and their spouses shall not be allowed to make a contribution act (including an act of officiating at a wedding) to those within the relevant constituency, or institutions, organizations or facilities, or to those having connections with the electorate even if they are outside of the relevant constituency, or institutions, organizations or facilities. |
| (2) | No person shall be allowed to promise, instruct, solicit, mediate or demand the acts as referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 114 (Restriction on Contribution by Political Parties and Family of Candidate) |
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| (1) | A political party (including the preparatory committee for formation of a political party; hereafter in this Article, the same shall apply), the head of a political party's election campaign office, a candidate (including the person who wishes to be a candidate; hereafter the same shall apply in this Article), or his lineal ascendant, descendant, or brother and sister, spouse of the candidate's lineal descendant, spouse of a brother and sister, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, or company or other juristic person or organization (hereinafter referred to as the "company, etc.") having a relation with the candidate or his family (with respect to the scope of a family, the provision of Article 10 (1) 3 shall apply mutatis mutandis), or its officer or employee shall not make any contributions to the candidate or the political party to which he belongs, in connection with the election prior to the election period, and regardless of its relation to the election during the election period. In this case, an act of making contributions by disclosing the name of the candidate or political party to which he belongs or in the manner as presumable that the candidate or the political party to which he belongs makes a contribution, shall be considered as a contribution act for the candidate or political party in connection with the election. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | For the purpose of paragraph (1), the term "company having relation to the candidate or his family" means a company falling under any one of the following subparagraphs: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | A company or other juristic person or organization of which the candidate is an officer, employee or member, or he participates in the establishment and operation through a contribution of funds, or he may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes or an agreement; |
| 2. | A company or other juristic person or organization of which the candidate's family member is an officer or member, or participates in the establishment and operation through a contribution of funds, or he may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes or an agreement; and |
| 3. | A supporters' association established for a candidate or political party to which he belongs, as prescribed by the Political Fund Act. |
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| Article 115 (Restriction on Contribution by Third Persons) |
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A person, even though not provided for in Article 113 or 114, shall not make, or have another make contributions to a candidate (including a person who wishes to be a candidate; hereafter the same shall apply in this Article) or political party (including the preparatory committee for formation of a new political party; hereafter the same shall apply in this Article) to which he belongs, in connection with an election. In this case, an act of making contributions by disclosing the name of the candidate or political party to which he belongs or in the manner as presumable that the candidate or the political party to which he belongs makes a contribution, shall be considered as a contribution act for the candidate or political party in connection with the election. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 116 (Prohibition of Solicitation or Demand for Contribution) |
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No one shall receive, or solicit or demand contributions from or to a political party (including the preparatory committee for the formation of a political party), the representative of a political party, the head of a political party's election campaign office, a member of the National Assembly, a member of the local council, the head of a local government, a candidate (including a person who wishes to be a candidate) or his family, an election campaign manager, the chief of an election campaign liaison office, an election campaign worker, an accountant in charge, an election campaign speechmaker, an interviewer, a debater, a company, etc. having relation to the candidate or his family as provided in Article 114 (2), its officer or employee, or a third person as prescribed in Article 115, in connection with any election. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 117 (Prohibition on Receiving Contributions) |
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No one shall demand contributions of or receive contributions from a person who is prohibited from contributing any political fund pursuant to the provisions of Article 31 of the Political Fund Act in connection with any election. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 117-2 Deleted.<by Act No. 7189, Mar. 12, 2004> |
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| Article 118 (Prohibition of Return Courtesy after Election) |
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A candidate, his family, or the executive staff member of a political party shall not be involved in an act falling under any of the following subparagraphs to the electorate for congratulations, consolation, or other return courtesy in connection with a success or defeat in the election, after the election:
| 1. | An act of offering money, goods or banquet; |
| 2. | An act of advertising through a broadcast, newspaper, magazine or other publications; |
| 3. | An act of making a procession in a motor vehicle, marching along the street in a group, or shouting repeatedly in the street: Provided, That the same shall not apply to an act of greeting in the street for the success or defeat in the election, using a motor vehicle as provided in Article 79 (3); and |
| 4. | An act of gathering the electors and holding a meeting for celebrating the success or consoling the defeat in the election. |
CHAPTER VIII ELECTION EXPENSES
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| Article 119 (Definition of Election Expenses) |
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| (1) | For the purpose of this Act, the term "election expenses" means money, goods, obligation, or other things of economic value required for the election campaign in the election concerned and borne by a candidate (including a person intending to become a candidate, and including a political party which recommends a candidate in the presidential election, in the election of the proportional representative National Assembly members and in the election of the proportional representative local council members; hereafter in this paragraph, the same shall apply). In this case, any expenses disbursed for an election campaign in contravention of the provisions of this Act or the provisions concerning the restriction on contributions, or those disbursed by a third person for an election campaign of a candidate in collusion with a political party, a head of a political party's election campaign office, candidate, election campaign manager, chief of the election campaign liaison office or accountant in charge and in contravention of the provisions concerning the restriction on contributions shall be considered as election expenses. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | For the purpose of this Act, the term "revenue" means money, goods convertible into money, or other economic interests or promise to receive economic interests, for an appropriation for election expenses. |
| (3) | For the purpose of this Act, the term "disbursement" means any provision or delivery of election expenses, or promise to do so. |
| (4) | For the purpose of this Act, the term "accountant in charge" means the persons in charge of accounting who are each selected, appointed and reported pursuant to the provisions of Article 34 (1) 5 and 6 or (3) of the Political Fund Act. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 120 (Expenses not Recognized as Election Expenses) |
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The following expenses shall not be considered as election expenses as prescribed by this Act: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004>
| 1. | Expenses required for the preparation of an election campaign, such as those needed for obtaining recommendations of the electors; |
| 2. | Expenses for a rally to elect the candidate of a political party, and other expenses needed for party activities related to an election; |
| 3. | Deposit money, payments and fees to be paid to the State, local government or election commission in connection with an election; |
| 4. | Electricity, telephone and water bills and other maintenance expenses of an election campaign office and election campaign liaison office, which have been disbursed by a political party or candidate before and since the beginning of the election campaign period; |
| 5. | Expenses for installation and maintenance of an election campaign office and election campaign liaison office; |
| 6. | Expenses for operating an automobile [including a motor vehicle and ship as provided in Article 91 (4)] used by a political party, candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer and debater; |
| 7. | Expenses such as telegram charges, etc. disbursed by a third person for an election campaign of a certain candidate, without collusion with the political party, candidate, election campaign manager, chief of the election campaign liaison office or accountant in charge; |
| 8. | Expenses required for an act which is not considered as a contribution act as provided in Article 112 (2): Provided, That the expenses for such an act as provided in subparagraphs 1 (e) and 2 (g) of the same paragraph shall be excluded; and |
| 9. | Expenses for putting remaining affairs in order, the cause for disbursement of which occurs after the election. |
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| Article 121 (Computation of Restricted Amount of Election Expenses) |
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| (1) | The restricted amount of election expenses shall be the amount to be computed by elections pursuant to each of the following subparagraphs. In this case, any fraction falling short of one million won shall be made one million won: <Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election: |
Population number × 950 won
| 2. | The election of National Assembly members of local constituency: |
100 million won + (population number × 200 won) ＋ (the number of Eup/Myeon/Dong × 200 won)
| 3. | The election of proportional representative National Assembly members: |
300 million won ＋ (population number × 20 won)
| 4. | The election of City/Do council members of local constituency: |
40 million won ＋ (population number × 100 won)
| 5. | The election of proportional representative City/Do council members: |
40 million won ＋ (population number × 50 won)
| 6. | The election of Mayors/Do governors: |
| (a) | The election of Special Metropolitan City Mayors and Metropolitan City Mayors: and |
400 million won (200 million won when population number is short of 2 million) ＋ (population number × 300 won)
| (b) | The election of Do governor: |
800 million won (300 million won when population number is short of 1 million) ＋ (population number × 250 won)
| 7. | The election of autonomous Gu/Si/Gun council members of local constituency: |
35 million won ＋ (population number ×100 won)
| 8. | The election of proportional representative autonomous Gu/Si/Gun council members: and |
35 million won + (population number x 50 won)
| 9. | The election of heads of autonomous Gus/Sis/Guns. |
90 million won ＋ (population number × 200 won) ＋ (the number of Eup/Myeon/Dong × 100 won)
| (2) | When computing the restricted amount of election expenses under the provisions of paragraph (1), it may be increased or reduced by applying the ratio (hereinafter referred to as the "ratio of computing the restricted amount) which is set by taking account of the fluctuation ratio of national consumer price (referring to the fluctuation ratio of national consumer price publicly announced annually by the Commissioner of National Statistical Office under the provisions of Article 3 of the Statistics Act) from the end of the month whereto belongs the election day of the election due to an expiration of terms of office immediately preceding the relevant election to the end of the month prior to immediately preceding one next to the month whereto belongs the notification day under the provisions of Article 122. In this case, the ratio of computing the restricted amount shall be decided by the competent constituency election commission for each relevant election. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The standard date of population numbers for computing the restricted amount of election expenses, a decision on ratio of computing the restricted amount, and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 122 (Public Notification of Restricted Amount of Election Expenses) |
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Each constituency election commission shall publicly notify the restricted amount of election expenses which have been computed by elections under the provisions of Article 121, under the conditions as stipulated by the National Election Commission Regulations. [This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 122-2 (Filling, etc. of Election Expenses) |
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| (1) | The constituency election commission shall, after the election day, replenish under the provisions of each of the following subparagraphs the election expenses (referring to the election expenses deemed to have been lawfully paid, which are those stated in the accounting report that is submitted pursuant to the provisions of Article 40 of the Political Fund Act) paid by the candidate (referring to the political party that recommends its candidate in the presidential election, in the election of the proportional representative National Assembly members and in the election of the proportional representative local council members; hereafter in this Article the same shall apply) for the election campaign under this Act, at the expenses of the State in the presidential election and the election of National Assembly members, and at the expenses of relevant local governments in the election of local council members and the heads of local governments, within the limit of expenses publicly notified under the provisions of Article 122: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The presidential election, the election of National Assembly members of local constituency, the election of the local council member of local constituency and the election of the heads of local governments: |
| (a) | Cases where a candidate has been elected or deceased, or where the number of votes obtained by a candidate has been 15/100 or more of the total number of valid ballots: Whole amount of election expenses paid by a candidate; and |
| (b) | Cases where the number of votes obtained by a candidate has been more than 10/100 but less than 15/100 of the total number of valid ballots: Amounts equivalent to 50/100 of election expenses paid by a candidate; and |
| 2. | The election of the proportional representative National Assembly members and the election of the proportional representative local council members: |
Whole amount of election expenses paid by the relevant political party in case where there exists an elected person from among the candidates listed in the candidates roster.
| (2) | The expenses falling under any one of the following subparagraphs shall not be replenished in the replenishment of the election expenses provided for in the provisions of paragraph (1): <Added by Act No. 7681, Aug. 4, 2005> |
| 1. | Election expenses spent by preliminary candidates; |
| 3. | Expenses that are spent to wage the election campaign that violates this Act or in violation of the regulations for the restriction on contribution act; |
| 4. | Allowances, actual expenses and other expenses that are paid in connection with the election campaign except for allowances and actual expenses paid to persons provided for in the provisions of Article 135 (1) during the candidate registration period or the expenses paid according to this Act; |
| 5. | Expenses for which legitimate receipts and documentary evidence that prove their spending are not attached without any justifiable grounds; |
| 6. | Expenses that are not actually paid by candidates and political parties by using vehicles, equipment and goods , etc. owned by candidates or vehicles, equipment and goods, etc. that are furnished or rented free of charge by or from the families of candidates, political parties to which they belong or third persons; |
| 7. | In case where the claimed amount of expenses is extremely high without any justifiable grounds compared with normal trading prices or rental prices that are calculated according to the standards that are set by the National Election Commission Regulations, the expenses of the excessive value; |
| 8. | Expenses that are spent to rent, purchase and manufacture vehicles, equipment and goods, etc. that are not used for the election campaign; |
| 9. | Charges on out-of-city calls and mobile phone calls and information use fees; and |
| 10. | Other expenses that are prescribed by the National Election Commission Regulations as being corresponding to the expenses referred to in each of above subparagraphs. |
| (3) | The expenses falling under any one of the following subparagraphs shall be borne by the State or local governments for the candidates. In this case, the expenses under subparagraph 5 shall be borne by the State: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Expenses for pasting and removing posters under Article 64; |
| 2. | Expenses that are spent to prepare braille-type election campaign bulletins and postal charges that are paid to mail book-type election campaign bulletins (including braille-type election campaign bulletins) and leaflet-type election campaign bulletins under Article 65; |
| 3. | Deleted; <by Act No. 7681, Aug. 4, 2005> |
| 4. | Expenses for holding the interviews or debates (including a joint broadcast speech meeting) under Article 82-2; |
| 5. | Expenses for holding the policy debates under Article 82-3; |
| 6. | Allowances and food expenses to the voting witnesses under Article 161 and to the absentee voting witnesses under Article 162; and |
| 7. | Allowances and food expenses to the ballot counting witnesses under Article 181. |
| (4) | Methods of calculating expenses and filing the claim for the replenishment provided for in the provisions of paragraphs (1) through (3) and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005> |
[This Article Added by Act No. 6265, Feb. 16, 2000]
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| Articles 123 through 134 Deleted.<by Act No. 7681, Aug. 4, 2005> |
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| Article 135 (Allowance and Compensation for Actual Expenses for Election Campaign Workers) |
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| (1) | The election campaign manager, chief of the election campaign liaison office, election campaign worker and accountant in charge (hereafter referred to as the "election campaign manager, etc." in this Article) may be paid an allowance and actual expenses: Provided, That if a salaried clerk of a political party, National Assembly member, his assistant, his chief secretary, or his secretary, or a local council member concurrently holds the post of election campaign manager, etc., only the actual expenses may be compensated. <Amended by Act No. 6265, Feb. 16, 2000> |
| (2) | The kinds and amounts of allowances and actual expenses as provided in paragraph (1) shall be prescribed by the National Election Commission Regulations. |
| (3) | No one may offer, or manifest the intention to offer, money and goods or other benefits, or promise, instruct, solicit, mediate, demand or receive such offer, in connection with the election campaign, regardless of the title of such offer including allowance and actual expense, or other compensation for volunteers, etc. except in a case where he offers an allowance, actual expenses, and other benefits as prescribed by this Act. <Amended by Act No. 5149, Feb. 6, 1996; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000> |
| (4) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (5) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
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| Article 135-2 (Restriction on Filling Election Expenses) |
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| (1) | Every constituency election commission shall not, in filling the election expenses pursuant to the provisions of this Act, fill the relevant expenses, in case where the accountant in charge of the election office failed to submit the accounting report provided for in the provisions of Article 40 of the Political Fund Act by the closing day of submission without any justifiable reasons. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Every constituency election commission shall not, in case where the candidate, preliminary candidate, election manager or accountant in charge of the election office committed the crimes provided for in this Act or the provisions of Article 49 of the Political Fund Act with respect to the relevant election, and the judgment of conviction was finalized, or where the expenses were disbursed in excess of the restricted amount of election expenses, fill the amount equivalent to two times the expenses required for the relevant offenses or those disbursed in excess of the restricted amount of election expenses. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | In case where those as provided in paragraph (2) are indicted for committing any crime provided for in this Act or the provisions of Article 49 of the Political Fund Act or accused by the election commission, the filling of the amount equivalent to two times the expenses required for the relevant offenses shall be deferred until the sentence is finalized. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | Every constituency election commission shall, in case where the cause for not filling the election expenses under paragraph (1) or (2) is found after the filling thereof is made to the political party or candidate, notify the relevant political party or candidate of the relevant fact, and order the return of the amount equivalent to the provisions of paragraph (1) or (2) from among the filled expense amounts. In this case, the political party or candidate shall return it to the relevant constituency election commission within 30 days from the date on which it or he receives the return order. |
| (5) | The constituency election commission shall, in case where the political party or candidate failed to return the relevant amount within the deadline under the latter part of paragraph (4), entrust the head of the competent tax office with its collection in case of the presidential election and the election of National Assembly members, and the head of competent tax office shall collect it pursuant to the example of the disposition on default of national taxes and pay to the State, and entrust the head of a local government with its collection in case of the election of local council members and the head of the local government, and the head of the local government shall collect it pursuant to the example of the disposition on default of local taxes and pay to the local government. |
| (6) | The counting of the expenses not to be filled and other necessary matters shall be prescribed by the National Election Commission Regulations. |
[This Article Added by Act No. 6265, Feb. 16, 2000]
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| Article 136 Deleted.<by Act No. 7681, Aug. 4, 2005> |
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CHAPTER IX REGULATION OF POLITICAL PARTY ACTIVITIES RELATED TO ELECTION
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| Article 137 (Restriction on Newspaper Advertisement, etc. of Party Platform and Policy) |
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| (1) | Where a political party intends to run any advertisement for the promotion of platform and policy of a political party, the recruitment of political party members and applicants for candidacy, membership dues or political fund-raising (limited to the case of the presidential election), or opinion gathering on slogans, design, policy and others to be used by a political party or party-recommended candidate during an election in a periodical (hereafter referred to as a "daily newspaper" in this Article) provided for in the provisions of subparagraph 1 of Article 2 of the Act on the Freedom of Newspapers, etc, and Guarantee of Their Functions at the time when an election is close at hand, it shall make such an advertisement according to the following and shall not make such an advertisement during the election period: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | In case of an election to be held at the expiration of the term, it shall be made by the central party of a political party up to 70 times in total by means of a daily newspaper, etc. from 90 days before the election day to a day before the beginning day of the election period; |
| 2. | In case of an election, reelection [excluding a reelection as provided in Article 197; hereafter the same shall apply in this paragraph], or postponed election to be held due to a presidential vacancy, it shall be made by the central party of a political party up to 20 times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes final to a day before the beginning day of the election period; and |
| 3. | In case of a special election, reelection, or postponed election other than those as provided in subparagraph 2, it shall be made by the central party of a political party up to 10 times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes final to a day before the beginning day of the election period. |
| (2) | The size of one advertisement in a daily newspaper as provided in paragraph (1) shall be 37 centimeters in width and 17 centimeters in length at the most, and the photograph, name (including particulars by which it is possible to analogize the name) of a person wishing to be a candidate, and other contents leading to an election campaign, shall not be inserted therein. |
| (3) | The provisions of Article 69 (1) (latter part) (referring to the frequency of advertisement), (2) (excluding chromaticity and standard), (4) through (6), (8) and (9), shall apply mutatis mutandis to the advertisement to be run in a daily newspaper, etc. under paragraph (1). In this case, the term "candidate" shall be deemed as a "political party". <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998> |
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| Article 137-2 (Restriction on Broadcast Speech of Platform and Policy) |
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| (1) | In case where a political party conducts a broadcast speech for publicizing its platform and policy using a broadcast facility [referring to a broadcast facility under Article 70 (1); hereafter the same shall apply in this Article], it shall be done within the limit falling under any of the following subparagraphs: <Amended by Act No. 7189, Mar. 12, 2004> |
| 1. | In case of the election due to the expiration of the term, it shall be done by the representative of the central party of a political party or a person designated by him from among those eligible for the election campaigns, but from the first day of the month whereto 90 days prior to the election day belong, to the day immediately preceding the commending day of election period, within twice per month (once in case where the day immediately preceding the beginning day of election period corresponds to less than 10 days of relevant month), within 20 minutes per time by televisions or radio broadcasts; and |
| 2. | In case of an election due to the vacancy of the President, a reelection (excluding the reelection under Article 197), and a postponed election, it shall be done by the representative of the central party of a political party or a person designated by him from among those eligible for the election campaigns, up to 5 times by each television or radio broadcast respectively from the time when the cause for holding the election becomes final to a day before the beginning day of election period, within 10 minutes per time. |
| (2) | In case where a broadcast speech is conducted using a television broadcast facility under paragraph (1), other contents than the figures of making a speech shall not be telecasted, and where intending to broadcast through video recording of broadcast speeches, the competent broadcast facility shall be used. |
| (3) | In case of making a broadcast speech under paragraph (1), the speech with contents leading to an election campaign shall not be made. |
| (4) | Expenses for a broadcast speech under paragraph (1) shall be borne by the political party concerned, but in case where a political party which has formed a negotiation body in the National Assembly makes a broadcast speech using a public broadcasting company, the expenses for broadcast speeches (excluding those for producing) once per month conducted by each television and radio broadcast respectively at each public broadcasting company shall be borne by the public broadcasting company concerned. <Amended by Act No. 7189, Mar. 12, 2004> |
| (5) | In case where intending to make a broadcast speech whose expenses shall be borne by a public broadcasting company under paragraph (4), date and time, time bands and other necessary matters for the relevant broadcast speech shall be determined under the consultation between the relevant public broadcasting company and the relevant political party. |
| (6) | The provisions of Article 70 (1) (latter part), (6), and (8) and Article 71 (10) and (12) shall be applicable mutatis mutandis to a broadcast speech under paragraph (1). |
| (7) | The forms of a written report on broadcast speech under paragraph (6) and other necessary matters shall be prescribed by the National Election Commission Regulations. |
[This Article Added by Act No. 6265, Feb. 16, 2000]
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| Article 138 (Restriction on Distribution of Brochures on Platform and Policy) |
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| (1) | As for the campaign materials concerning the party platform and policies of a political party which may be distributed during the election period to party members of the constituency or electoral area for which the candidate is recommended, there shall be one type of book-type platform or brochures on policy produced by the central party of the political party. <Amended by Act No. 5412, Nov. 14, 1997> |
| (2) | The quantity of brochures on the platform and policies as provided in paragraph (1) to be distributed shall not exceed the number of the party members in the constituency that has recommended the candidate. <Amended by Act No. 5412, Nov. 14, 1997> |
| (3) | Where the brochures on the platform and policies as provided in paragraph (1) are prepared and distributed, the term "for party members only" shall be indicated on the cover. |
| (4) | A political party, where wishing to distribute the brochures on platform and policies as provided in paragraph (1), shall submit two copies to the National Election Commission and the Gu/Si/Gun election commission having jurisdiction over the area in which the brochures are to be distributed, respectively. |
| (5) | The matters related to a candidate such as the mark, name, photograph, education, career, etc. of the candidate shall not be printed on the brochures of platform and policy under paragraph (1). <Added by Act No. 6265, Feb. 16, 2000> |
| (6) | The campaign materials concerning the party platform and policies referred to in paragraph (1) shall be prepared within 27 centimeters in length and 9 centimeters in width and within 16 sheets in the case of the presidential election and within 8 sheets in the case of the election of the National Assembly members of local constituency, the election of the local council members of local constituency and the election of the heads of local governments, respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 139 (Restriction on Publication and Distribution of Party Organs) |
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| (1) | A central party of a political party shall not publish and distribute the party organ during the election period in anything but a normal way: Provided, That where the frequency of publication in the ordinary cycle is fewer than twice during the election period, it may be published and distributed up to twice (including the enlarged edition, extras, temporary edition, and even where part of the contents inserted in it is different from area to area where it is distributed, it shall be deemed identical). In this case, where issued by a party branch other than the central party of a political party, distributed at the place of campaign speech or interview at an open place or the place of interview or debates, or sold, distributed, pasted, posted, diffused on the street, shall not be deemed to have been distributed in a normal way. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | The party organ under paragraph (1) shall not carry other matters related to the publicity of a candidate than the mark, name, photograph, education, career, etc. of the candidate recommended by the political party concerned. <Added by Act No. 6265, Feb. 16, 2000> |
| (3) | A political party, upon publishing a party organ as provided in paragraph (1), shall immediately submit two copies to the National Election Commission, and a party branch, when wishing to distribute the party organ, shall submit two copies to the competent Gu/Si/Gun election commission before the distribution. |
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| Article 140 (Restriction on Holding and Announcing Rally for Formation of Political Parties) |
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| (1) | A political party, where holding a rally for its formation, merger, or reorganization, or the election for selecting candidates (hereafter in this Article, referred to as the "political party formation rally, etc.") during the period from 120 days before the election day (in the case of a special election etc. whose causes for holding have become definite after 120 days prior to the election day, the time when the cause for holding the said election has become definite) to the election day, shall hold it only with the party members (in the case of a rally for selection of candidates, including those who are not the party members having the voting right to select the candidate for an election for public officials of the relevant political party) at a place which is not an open place where the multitudes pass on, but any persons who are not members of the party may be invited to a socially acceptable extent. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | A political party supervising a rally for party formation or others as provided in paragraph (1) may put up five or fewer signs at the place where a rally for party formation is held, in addition to a public announcement inserted in a newspaper provided for in the provisions of Article 10 of the Political Parties Act. In this case, the public announcement of the newspaper and sign shall not include a photograph and name (including particulars by which the name may be analogized) of the candidate (including the person who wishes to be a candidate; hereinafter, the same shall apply in this paragraph), or an advertisement of the candidate such as a propaganda slogan. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | The term "rally for reorganization" referred to in paragraph (1) means an assembly such as the general meeting of party members or the meeting of representative organs which is held for dealing with a matter concerning structural reorganization in regard to party constitution or party regulations such as a change of the party representative, and "rally for election of a candidate" means an assembly which is held under Article 57-2 of the Political Parties Act for the election, by party branches of various classes, of the candidate recommended by the relevant political party for the election under this Act. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | The signs as provided in paragraph (2) shall be removed by the sponsor promptly after the rally concerned is finished. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 141 (Restriction on Rally of Party Members) |
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| (1) | A political party shall not hold a rally for training of party members (hereafter referred to as the "party members' rally" in this Article) within the election district in which an election is in progress, or subject to party members who are the electors, regardless of any pretext such as solidarity, drill, training, education and others of party members from 30 days before the election day to the election day: Provided, That an interview temporarily held among party members for liaison, instruction, etc. as to the party affairs shall not be considered as a party members' rally. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (2) | When a political party holds a party members' rally (excluding the case where a central party holds it at its training facility), it shall file a report thereon with the Gu/Si/Gun election commission having jurisdiction over the area of its holding, and thereafter hold it at the office of relevant political party, citizens' hall, public institution, office of an organization, other public facilities, or an open place which is not a place where the multitudes pass on. <Amended by Act No. 7189, Mar. 12, 2004> |
| (3) | A political party subject to an allotment of subsidies under the provisions of Article 27 of the Political Fund Act may gratuitously use for a place of party members'rally the citizens' hall, gymnasium or cultural center, which is owned or managed by the State or local governments (including the institutions as referred to in Article 53 (1) 4 or 6) and other facilities or places where the multitudes may gather, under the conditions as stipulated by the National Election Commission Regulations. In this case, when any property damages have occurred, such as the damage of installations or use of power, etc., the relevant political party shall make the compensations therefor. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | The signs indicating that it is a party members' rally under this Act shall be posted or put up at the outside of the place for such a rally under paragraph (2), but its sponsor shall promptly remove them after the completion of relevant rally. In this case, the said signs shall not indicate any photograph and name or propaganda slogan of the person intending to become the candidate and any contents of advertising him. <Amended by Act No. 7189, Mar. 12, 2004> |
| (5) | Any manager of public facilities in receipt of an application for use under the provisions of paragraph (3) shall not refuse the said use without any justifiable grounds. <Added by Act No. 7189, Mar. 12, 2004> |
| (6) | A report on a party members' rally, the standard or number of sheets of the signs and other necessary matters shall be stipulated by the National Election Commission Regulations. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Articles 142 and 143 Deleted.<by Act No. 7189, Mar. 12, 2004> |
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| Article 144 (Restriction on Recruitment of Party Members) |
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| (1) | A political party shall not recruit members or distribute the forms of application for joining the political party during the election period: Provided, That if a rally for the formation or reorganization of a City/Do party is held, this shall not apply until the day when the rally is held. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | Deleted. <by Act No. 7850, Mar. 2, 2006> |
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| Article 145 (Restriction on Propaganda Materials to be Posted at Headquarters of Political Party) |
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| (1) | A political party may, even during an election period, install and put up any signboard, tablet or placard inserted by any slogan, other matters necessary for public information about the political party, and the names of the party headquarters concerned and its representative on the external walls or roofs of the party headquarters, pursuant to the National Election Commission Regulations. In this case, the number thereof shall be four at the most. |
| (2) | A political party may put up one signboard at each election campaign office established at the central party and City/Do party, and at the office of the supporters' association as prescribed by the Political Fund Act, pursuant to the National Election Commission Regulations. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 146 (Method of Election) |
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| (1) | An election shall be made by a vote marked on the ballot papers. |
| (2) | A vote shall be made in person or by mail, and one person shall be entitled to one vote: in the election of the National Assembly members, the election of the City/Do council members and the election of the autonomous Gu/Si/Gun council members, it shall be one vote per person at each election of local constituency members and of proportional representative members. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
<This paragraph is amended by Act No. 7189 on Mar. 12, 2004 following the decision of unconstitutionality within limited scope which was made by the Constitutional Court on Jul. 19, 2001>
| (3) | In voting, the elector shall not indicate his name or anything by which he can be analogized. |
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| Article 146-2 (Officials in Charge of Voting Management) |
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| (1) | The Gu/Si/Gun election commission shall appoint one official in charge of voting management in every voting district to manage clerical services involving the voting. |
| (2) | Officials in charge of voting management shall be commissioned from public officials who belong to the State or local governments or teachers and staff of various schools. |
| (3) | The commission and decommission of officials in charge of voting management, their allowances and other necessary matters shall be determined by the National Election Commission Regulations. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 147 (Establishment of Polling Stations) |
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| (1) | The Eup/Myeon/Dong election commission shall set up a polling station in every voting district under its jurisdiction not later than the day following the election day. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | A polling station shall be established at the schools within the voting districts, governmental offices such as Eup/Myeon/Dong offices, etc., public institutions, offices of organizations, citizens' hall, and other places where the electors may conveniently make their voting: Provided, That where there is no adequate place to establish a polling station in the relevant voting district, it may be established within other neighboring voting districts. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | When the heads of schools, public offices, public institutions and organizations have received a demand for cooperation in the use of places for establishing the polling stations from the election commission, they shall preferentially comply with it. <Added by Act No. 7189, Mar. 12, 2004> |
| (4) | A polling station shall not be established in a military camp. |
| (5) | A polling station shall be provided with balloting booths, voting boxes, seats for witnesses, and other facilities necessary for the management of voting. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | A balloting booth shall be installed in such a manner that other persons can not peep into it, and shall have no marks. |
| (7) | A political party, candidate, election campaign manager, or chief of the election campaign liaison office may demand any correction to the installation of a polling station. |
| (8) | The Eup/Myeon/Dong election commission, upon installing polling stations as provided in paragraph (1), shall publicly announce the names and seats of the polling stations no later than 10 days before the election day: Provided, That should any natural disaster, terrestrial upheaval, or other inevitable reasons break out, the election commission concerned may change them, and in this case, it shall immediately announce them to the electors. <Amended by Act No. 7681, Aug. 4, 2005> |
| (9) | The Eup/Myeon/Dong election commission shall commission the voting clerks from among persons falling under any one of the following subparagraphs, but their names shall be announced no later than three days before the election day: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 2. | Teachers and staff of schools of each level; |
| 4. | Employees of the agencies provided in Article 53 (1) 4 through 6; and |
| 5. | Impartial and neutral persons who have an ability to assist the voting affairs. |
| (10) | The installation of a polling station, public announcement of the names of voting clerks, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 148 (Establishment of Polling Stations for Absentees) |
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| (1) | The competent Gu/Si/Gun election commission shall establish and operate a polling station in which the electors listed on the electoral register for reported absentees may ballot (hereinafter referred to as an "absentee polling station") in the seat of the office of such an election commission for two days from six days before the election day (hereinafter referred to as the "absentee voting period"), but if two or more Gu/Si/Gun election commissions are in the same building or facilities, they may jointly establish and operate an absentee polling station. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (2) | If the Gu/Si/Gun election commission deems it necessary in consideration of the number and distribution of the likely absentee voters in its jurisdictional area, it may also have the officials in charge of voting management set up and operate an absentee polling station for a considerable period so that the likely absentee voters can finish their voting during the absentee voting period. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | When an absentee polling station is established as provided in paragraphs (1) and (2), the name and seat of the station and the period of establishment and operation shall be publicly announced no later than nine days before the election day and notified to the election campaign manager or chief of the election campaign liaison office, and the written public announcement shall be posted at five places for each voting district in the district concerned. This provision shall also apply where the place in which the absentee polling station is to be established is changed. <Amended by Act No. 7189, Mar. 12, 2004> |
| (4) | The Gu/Si/Gun election commission shall appoint three or more members for each absentee polling station from among its members (hereinafter referred to as the "members in charge of absentee voting management") to manage voting at the absentee polling station which is operated by such an election commission. In this case, all the party-recommended members shall be appointed unless they give up the appointments. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | The Gu/Si/Gun election commission shall appoint the absentee voting clerk from among the persons falling under any of each subparagraph of Article 147 (9) in order to assist the clerical services involving the absentee voting at the absentee polling station that is set up pursuant to the provisions of paragraphs (1) and (2). <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | The provisions of Article 147 (3) through (7) shall apply mutatis mutandis to an absentee polling station as provided in paragraphs (1) and (2). <Amended by Act No. 7189, Mar. 12, 2004> |
| (7) | The establishment, public announcement and notification of an absentee polling station, the appointment of the absentee voting clerk, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 149 (Absentee Polling Station in Organization or Facilities) |
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| (1) | The heads of any hospital, any sanatorium, any asylum and any prison (including any detention center) to which reported absentees provided for in the provisions of Article 38 (1) 3 belong may establish an absentee polling station in their organization or facilities during the absentee voting period with the permission of the competent Gu/Si/Gun election commission. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The head of an organization or facilities, where wishing to establish an absentee polling station as provided in paragraph (1), shall apply for the permission to the competent Gu/Si/Gun election commission, specifying the number of reported absentees, reason for establishment, seat, no later than 10 days before the election day, and the competent Gu/Si/Gun election commission, when deemed that such an application is reasonable, shall grant the permission after consulting with the head of the organization or facilities concerned about the date, time and place of the absentee voting and notify the facts thereof to the election campaign managers or chiefs of the election campaign liaison offices. <Amended by Act No. 7189, Mar. 12, 2004> |
| (3) | The members in charge of absentee voting management designated pursuant to the provisions of Article 148 (4) or officials in charge of voting management shall make an official trip to the absentee polling station and manage the balloting at the absentee polling station as provided in paragraph (1). <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | The head of an organization or facilities who has established an absentee polling station as provided in paragraph (1), upon receiving a demand of the election commission concerned, shall appoint the absentee voting clerks to assist the absentee voting affairs from among the employees under his supervision. |
| (5) | The provisions of Article 147 (5) through (7) shall apply mutatis mutandisdis to an absentee polling station as provided in paragraph (1). <Amended by Act No. 7189, Mar. 12, 2004> |
| (6) | The application and permission for the establishment of absentee polling stations as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 150 (Order of Names of Political Parties and Candidates Printed on Ballot Papers) |
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| (1) | The marks of candidates, names of political parties to which the partyrecommended candidates belong, and names of candidates shall be indicated on the ballot papers: Provided, That the independent candidates shall be indicated as "independent" in the column in which the names of political parties to which the party-recommended candidates belong are to be entered and in the election of the proportional representative National Assembly members and the election of the proportional representative local council members, the marks and names of the political parties which recommend the candidates shall be indicated. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | The marks shall be indicated as figures such as "1, 2, and 3" in the order of political parties or candidates by which they are entered in the ballot papers, and names of political parties and candidates shall be entered in Hangeul: Provided, That if there are candidates whose names in Hangeul are the same, the Chinese characters shall be entered together in parentheses. <Amended by Act No. 6663, Mar. 7, 2002> |
| (3) | In determining the printing order of candidates, a candidate who is recommended by a political party holding seats in the National Assembly as of the closing day of candidate registration shall be first, followed by a candidate who is recommended by a political party holding no seats in the National Assembly and then independent candidates, and in determining the printing order of political parties, a political party holding seats in the National Assembly as of the closing day of candidate registration shall be first, followed by that holding no seats in the National Assembly. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (4) | Where the competent constituency election commission determines the printing order of political parties or candidates under paragraph (3), the printing order among the political parties holding seats in the National Assembly as of the closing day of candidates' registration or among the candidates recommended by the said political parties, shall follow the order of majority seat numbers in the National Assembly; the printing order among not less than 2 political parties that hold the same number of seats in the National Assembly shall follow the order of the number of the votes gained in the most recently held election of the proportional representative National Assembly members; the order among the political parties holding no seats in the National Assembly or the candidates recommended by such political parties, shall follow the Korean alphabetical order of such political parties' names; and the printing order among the independent candidates shall follow the Korean alphabetical order of their names. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (5) | In determining the printing order among any political parties that hold seats in the National Assembly and candidates that are recommended by such political parties pursuant to the provisions of paragraph (4), any political party falling under any one of the following subparagraphs shall be preferentially given the nationally unified mark by political party. In this case, if any political party that is given the nationally unified mark recommends not less than 2 candidates to run in the same constituency for the election of the autonomous Gu/Si/Gun council members of local constituency, the mark of the candidates who are recommended by the political party shall be indicated as 1-a and 1-b, etc. according to the Korean alphabetical order of the names of candidates: <Added Amended by Act No. 7681, Aug. 4, 2005> |
| 1. | The political party to which not less than 5 National Assembly members of local constituency belong; and |
| 2. | The political party that won not less than 3/100 of the total number of the nationwide valid votes in the immediately preceding presidential election, the immediately preceding election of the proportional representative National Assembly members or the immediately preceding election of the proportional representative local council members. |
| (6) | Where two or more political parties or candidates fall into the same printing order in the case of paragraph (4), the competent constituency election commission shall determine it by lot in the presence of the representatives of the political parties concerned, or candidates or their deputies, after the candidate registration is closed: Provided, That if a representative of the political party concerned, candidate or his deputy fails to participate in the lot on time, the chairman of the competent constituency election commission or the person designated by him may draw the lot on behalf of the political party or candidate. <Amended by Act No. 6663, Mar. 7, 2002> |
| (7) | Even when a candidate resigns or dies or his registration becomes nullified after the candidate registration period expires, such mark, the name of the political party, and his name shall not be crossed off the ballot papers. <Amended by Act No. 6663, Mar. 7, 2002> |
| (8) | Where an additional registration as provided in Article 51 is carried out in the presidential election, the printing order of a candidate of the political party to which he belongs shall take that of the party-recommended candidate that has been already determined. |
| (9) | A serial number shall be printed on each ballot paper. |
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| Article 151 (Preparation of Ballot Papers and Boxes) |
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| (1) | The Gu/Si/Gun election commission shall prepare and make ballot papers and boxes to deliver them to the Eup/Myeon/Dong election commission by the day before the election day and the Eup/Myeon/Dong election commission shall, upon receiving them, turn over them to the officials in charge of voting management after keeping the ballot papers in the sealed state together with ballot boxes. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | In the voting for one election, two ballot boxes shall not be used at the same time at each voting district, and by voting districts. <Amended by Act No. 7189, Mar. 12, 2004> |
| (3) | The ballot box to be used at an absentee polling station (hereinafter referred to as the "absentee ballot box") and the one in which ballot papers received by mail are kept (hereinafter referred to as the "mail ballot box"), shall be prepared separately, but the number of such ballot boxes shall be determined by the Gu/Si/Gun election commission concerned in consideration of the number of reported absentees. |
| (4) | A ballot paper shall bear the official seal of the competent Gu/Si/Gun election commission as prescribed by the National Election Commission Regulations. In this case, the official seal may be substituted by a printed seal. |
| (5) | When the Gu/Si/Gun election commission delivers ballot papers that it prints to the Eup/Myeon/Dong election commission that shall in turn keep them after sealing them and then turn over the sealed ballot papers together with ballot boxes to the officials in charge of voting management, the Gu/Si/Gun or Eup/Myeon/Dong election commission shall allow party-recommended members of the relevant election commission to observe a serious of these courses. In this case, if any party-recommended member fails to observe them, he shall be deemed to renounce his observation. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | Deleted. <by Act No. 5537, Apr. 30, 1998> |
| (7) | If necessary for the elector who is unable to record his vote in person due to an impediment in eyesight, the Gu/Si/Gun election commission may make and use special ballot paper or voting aid as prescribed by the National Election Commission Regulations. |
| (8) | Standards for ballot papers and boxes, the sealing, keeping and transferring of the ballot papers and other necessary matters shall be determined by the National Election Commission Regulations. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 152 (Public Announcement of Ballot Paper Model) |
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| (1) | The Gu/Si/Gun election commission shall publicly announce the model of ballot paper no later than seven days before the election day. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | The Gu/Si/Gun election commission, upon designating a printing office to print the ballot papers, shall immediately announce the name and seat of the printing office. |
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| Article 153 (Mailing of Voting Guidance Leaflets) |
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| (1) | The Gu/Si/Gun election commission shall prepare voting guidance leaflets for each household, including the names of electors, registration number in electoral register, location of polling station, balloting hours, things to carry with them for voting, or other contents to invite them to participate in the voting and mail the leaflet to each household in the area under its jurisdiction by 2 days after the date on which the electoral register is finally determined. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Postal charges needed to mail the voting guidance leaflets referred to in paragraph (1) shall be borne by the State or the relevant local government. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The voting guidance leaflet may be prepared by means of a computer system. |
| (4) | The form of and size for the voting guidance leaflet, and matters to be entered therein, procedure for mailing, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 154 (Mailing of Ballot Papers to Reported Absentees) |
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| (1) | The Gu/Si/Gun election commission shall put ballot papers to be mailed to electors on the electoral register for reported absentees (hereinafter referred to as "absentee ballot papers") into envelopes for return use, which are each marked with the sign of the bar code (referring to the mark in the shape of bar that makes it possible for computers to recognize the residences, names and registration number of electorate register of reported absentees, which is needed to receive the absentee voting) after cutting off the serial numbers of such ballot papers and then put such envelopes for return use into envelopes to be mailed out and seal them in the presence of the party-recommended members of the Gu/Si/Gun election commission by 9 days before the election day. In this case, if any party-recommended member fails to be present on time, he shall be deemed to renounce his observing the process. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Notwithstanding the provision of paragraph (1), the Gu/Si/Gun election commission concerned may be allowed, by its resolution, not to send the absentee ballot paper to the person who has made a false report and the reported absentee who is not deemed to have reported on his own will. In this case, the fact thereof shall be entered in the mailing record of absentee ballot papers. |
| (3) | The Gu/Si/Gun election commission shall prepare a electoral register of the reported absentees to whom the absentee ballot papers are not sent as provided in paragraph (2) and those from whom the absentee ballot papers are returned no later than two days before the election day, and notify the Eup/Myeon/Dong election commission thereof by the day before the election day, and the Eup/Myeon/Dong election commission shall immediately notify the officials in charge of voting management thereof. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | An absentee ballot paper shall be sent or returned by registered mail, but the postal charge thereof shall be borne by the State or the local government concerned. |
| (5) | The Gu/Si/Gun election commission shall send the guidance leaflet on the voting method and other matters related to the election, together with the absentee ballot paper. |
| (6) | Standards for envelopes used to mail absentee ballot papers and envelopes for return use, matters needed to be entered therein and other necessary matters shall be determined by the National Election Commission Regulations. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 155 (Balloting Hours) |
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| (1) | A polling station shall open at 6 A.M. and close at 6 P.M. (8 P.M. in the special election, etc.) on the election day: Provided, That if there are electors waiting to vote at the polling station at the time it is closed, the number tickets shall be given to them and the polling station shall be closed after they finish voting. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | An absentee polling station as provided in Article 148 shall open at 10 A.M. and close at 4 P.M. every day during the absentee voting period. In this case, the provisions of the proviso of paragraph (1) shall apply mutatis mutandis to an absentee polling station. |
| (3) | The officials in charge of voting management, upon beginning the voting, shall inspect whether the ballot box, inside and outside of the balloting booths are normal, and the voting witness shall be present at this time: Provided, That if the voting witness fails to be present at the time when the voting begins, they shall have the elector who comes first to cast his vote, witness such inspection. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | The members in charge of absentee voting management or officials in charge of voting management, upon beginning the voting at an absentee polling station, shall inspect whether the absentee ballot box, inside and outside of the balloting booths are normal, and the absentee voting witness shall be present at this time: Provided, That if the absentee voting witness fails to be present at the time the absentee voting begins, they shall have a reported absentee who comes first to cast a vote, witness such inspection. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | Absentee votes shall arrive at the competent Gu/Si/Gun election commission by 6 P.M. (8 P.M. in the special election, etc.) on the election day. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 156 (Restriction on Voting) |
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| (1) | A person who is not listed on the electoral register shall not vote: Provided, That a person may vote, appearing with a notice to the effect that there are justifiable reasons as provided in Article 41 (2), 42 (2), or 43 (2). |
| (2) | Even though a person is listed on the electoral register, he shall not vote if he has no voting franchise on the election day. |
| (3) | An elector listed on the electoral register for reported absentees shall not vote but for absentee voting: Provided, That a person who has not received a ballot paper because he falls under Article 154 (2) or because his ballot paper has been returned shall vote at a polling station on the election day. In this case, the officials in charge of voting management shall check and confirm the fact with the electoral register of reported absentees as provided in Article 154 (3) and state the fact thereof in the remarks column of the electoral register. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 157 (Procedure for Receiving and Recording Ballot Papers) |
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| (1) | An elector shall go in person to a polling station, and shall present his resident registration card (referring to a passport, driver's license, or public official identification card or other identification cards as prescribed by the National Election Commission Regulations which are issued by government offices or public agencies and by which he is identified as the person in question with a photograph attached thereon, if he does not have a resident registration card; hereinafter referred to as the "identification card") under the witness of a voting witness, and after he is identified, affix his signature and seal or thumbmark on the electoral register, and then receive a ballot paper. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | When the officials in charge of voting management issue ballot papers to the electors on the election day, they shall cut off a serial number paper in the presence of the said electors and than issue them to the electors after affixing his private seal in the column of private seal affixing, but if it is deemed necessary, they may issue them after affixing his private seal within the limit of 100 sheets in advance. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | The officials in charge of voting management shall not issue a ballot paper to the elector who fails to present his identification card. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | An elector, after receiving the ballot paper, shall enter a balloting booth, select one candidate (referring to one political party in the election of the proportional representative National Assembly members and the election of the proportional representative local council members) from among those entered in the ballot paper, make a mark in the corresponding column of the ballot paper, fold the ballot paper on the spot so that other persons can not see the contents, and then put it in the ballot box in the presence of the voting witnesses. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (5) | If the ballot paper is damaged or spoiled after it is issued to an elector for any reason attributable to him, no new ballot paper shall be issued. |
| (6) | An elector may enter a polling station (in the case of the child of primary school pupil, excluding the balloting booth) along primary school pupil or younger child within the limit of not impeding the order of the polling station, and one who is unable to record his vote for himself due to any visual or physical handicap may be accompanied by his family or two persons nominated by him to assist in his voting. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (7) | Except as provided in paragraph (6), two or more persons shall not enter the same balloting booth at the same time. |
| (8) | Methods of sealing and delivering ballot papers and procedures for marking on ballot papers and other necessary matters shall be determined by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 158 (Absentee Voting) |
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| (1) | An elector who is listed on the electoral register for reported absentees shall go to the absentee polling station during the absentee voting period, present the envelope used to mail and absentee ballot paper received from the Gu/Si/Gun election commission, and identification card (including a certificate issued by a governmental office or public organization as prescribed by the National Election Commission Regulations, with a photograph attached thereon for identification; hereafter, the same shall apply in this Article) in the presence of the members in charge of absentee voting management, the officials in charge of voting management and the absentee voting witnesses (hereafter in this Article referred to as the "members in charge of absentee voting management, etc."), enter a balloting booth after being identified, select one candidate (referring to one political party in the election of proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this Article, the same shall apply), make a mark in the corresponding column of the absentee ballot paper, fold it on the spot so that other persons can not see the balloting, put it into the envelope for return use and seal it, and then put such an envelope into the absentee ballot box before the absentee voting witnesses. In this case, the absentee ballot paper on which the vote is recorded in advance before the voting is made at the absentee polling station and which is brought to the absentee polling station shall become nullified, and the reported absentee who fails to present an identification card to identify himself shall not be allowed to vote. <Amended by Act No. 4949, May 10, 1995; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | The members in charge of absentee voting management, etc. shall open absentee ballot boxes after the absentee voting ends every day during the absentee voting period in the presence of absentee voting witnesses and turn them over to the head of competent post office for mailing them out by means of registered mail after counting the number of absentee voters. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The provisions of Article 157 (6) and (7) shall apply mutatis mutandis to the voting at the absentee polling station. |
| (4) | Every residence voter shall select one candidate and make a mark in the corresponding column of the absentee ballot paper delivered from the competent Gu/Si/Gun election commission to his residence, put it into the envelope for return use and then mail it by means of registered mail after sealing such envelope. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
| (6) | Methods of addressing invalid ballot papers, kinds of identification cards and other necessary matters shall be determined by the National Election Commission Regulations. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 159 (Method of Marking on Ballot) |
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An elector, upon putting a mark on the ballot paper, shall use the balloting aid on which " " mark is carved: Provided, That where the residence voter casts a residence vote, he may put the "○" mark.
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| Article 160 Deleted.<by Act No. 7681, Aug. 4, 2005> |
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| Article 161 (Voting Witnesses) |
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| (1) | The officials in charge of voting management shall have the voting witnesses observe the ballot paper issuing and the balloting. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The voting witnesses shall be selected by the political party, the candidate, the election manager or the chief of the election campaign liaison office in proportion of two persons for each candidate by polling station and a written report thereon shall be sent to the Eup/Myeon/Dong election commission by 2 days before the election day. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | Voting witnesses shall be composed of 12 persons for every poling station, but if the number of persons selected and reported as provided in paragraph (2) exceeds twelve, those who are designated by the Eup/Myeon/Dong election commission by lot shall be the witnesses: Provided, That if there is no selection of witnesses or the number of selected and reported persons is fewer than four, those who are selected up to four persons by the Eup/Myeon/Dong election commission shall be the witnesses upon consenting, from among electors residing in the Gu/Si/Gun having jurisdiction over the voting district concerned. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | In case where the Eup/Myeon/Dong election commission designates voting witnesses as provided in paragraph (3), one person for each candidate shall be first selected, if the number of candidates exceeds 12, and thereafter 12 of them shall be designated by lot; and if the number of candidates is fewer than 12 but the number of persons selected and reported by the candidates exceeds 12, those selected as per one for each candidate shall be first designated, and thereafter the remaining number shall be filled by lot. <Amended by Act No. 7681, Aug. 4, 2005> |
| (5) | The political party, candidate, election campaign manager, or chief of the election campaign liaison office may, if necessary, replace a voting witness whom he has selected, at any time after reporting it to the Eup/Myeon/Dong election commission and may, on the election day, report the replacement at the polling station. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | A voting witness selected by the Eup/Myeon/Dong election commission as provided in the proviso of paragraph (3) shall not refuse being a witness or resign his position without a justifiable reason. <Amended by Act No. 7681, Aug. 4, 2005> |
| (7) | A person who is not a national of the Republic of Korea, or a minor, or the person who falls under any of subparagraphs of Article 18 (1) or who falls under any of subparagraphs of Article 53 (1), a candidate or a spouse of candidate shall not become a voting witness. <Amended by Act No. 7189, Mar. 12, 2004> |
| (8) | Where the officials in charge of voting management deem it necessary for a smooth management of voting, they may have the voting witnesses observe the voting in shifts. In this case, they shall have them witness the voting by turns, one half of the number of witnesses at a time by political parties and candidates. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | The officials in charge of voting management shall provide the voting witnesses with seats at a place where they can easily see the ballot paper issuing and the voting. <Amended by Act No. 7681, Aug. 4, 2005> |
| (10) | No voting witnesses shall interfere with the voting, solicit the voting, or conduct any act of having an effect on the election in any way. |
| (11) | Where a voting witness finds an interference with the voting, unlawful voting, or other things in violation of the provisions of this Act, and demands the correction thereof, the officials in charge of voting management shall correct them if the demand is deemed justifiable. <Amended by Act No. 7681, Aug. 4, 2005> |
| (12) | If any accident occurs in a polling booth, a voting witness may take a photograph of the voting situation. |
| (13) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (14) | The form of the voting witness report, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 162 (Absentee Voting Witnesses) |
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| (1) | The Gu/Si/Gun election commission or officials in charge of voting management that set up and operate an absentee polling station shall have the absentee voting witnesses observe the absentee voting. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | An absentee voting witness shall be selected by a political party, candidate, election campaign manager or chief of an election campaign liaison office in proportion of two persons by candidate for each absentee polling station, and shall be reported in writing to the competent Gu/Si/Gun election commission no later than eight days before the election day (two days before the voting day at an absentee polling station, in case of an absentee voting witness of an absentee polling station as provided in Article 149), and if necessary, the witness may be replaced at any time after the report, and during the absentee voting period, he may be replaced and reported at the absentee polling station. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | Where there is no selection of absentee voting witnesses as provided in paragraph (2) or there is an absentee voting witness selected by only one candidate, the competent Gu/Si/Gun election commission shall select the absentee voting witnesses up to four with their consent, from among the electors. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | The provisions of Article 161 (6), (7), (9) through (12) shall apply mutatis mutandis to an absentee voting witness. In this case, the "Eup/Myeon/Dong election commission" shall be deemed the "competent Gu/Si/Gun election commission," "officials in charge of voting management" shall be deemed the "members in charge of absentee voting management" or "officials in charge of voting management" and "voting witnesses" shall be deemed "absentee voting witnesses," respectively. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (5) | The form of the absentee voting witness report, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 163 (Restriction on Access to Polling Stations) |
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| (1) | No one shall enter a polling station, except for an elector, voting witness, official in charge of voting management, the members and employees of the Eup/Myeon/Dong election commission and the superior election commission, and voting clerk. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | A member and employee of an election commission, official in charge of voting management, voting clerk of an election commission and voting witness shall, upon entering or leaving a polling station, wear or attach the mark as prescribed by the National Election Commission Regulations, and shall not wear or attach anything else in relation to the election other than the mark as provided in this provision. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | The mark as provided in paragraph (2) shall not be transferred or conceded to another person. |
| (4) | The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to an absentee polling station. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 164 (Maintenance of Order in Polling Stations) |
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| (1) | Where it is deemed impossible to hold a fair election due to serious disturbance of the order at the polling station, officials in charge of voting management or voting clerks may request any assistance of a police officer in uniform or the chief of a police station to maintain the order at a polling station. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Any police officer or chief of a police station, upon receiving a request for assistance as provided in paragraph (1), shall immediately comply therewith. |
| (3) | Any police officer or chief of a police station who enters the polling station at the request as provided in paragraph (1) shall follow the instructions of officials in charge of voting management and when order is restored or the officials in charge of voting management request, he shall immediately withdraw from the polling station. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to an absentee polling station. In this case, the "officials in charge of voting management" shall be deemed the "members in charge of absentee voting management" and the "voting clerk" shall be deemed the "absentee voting clerk" and the "police officer or chief of the police station" shall be deemed the "police officer, military policeman, or chief of the police station," respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 165 (Prohibition of Carrying Arms or Deadly Weapons) |
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| (1) | Except as provided in Article 164 (1), no one shall carry with him any arms, deadly weapons or explosives into the polling station. |
| (2) | The provision of paragraph (1) shall apply mutatis mutandis to an absentee polling station. |
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| Article 166 (Prohibition of Noisy Speeches and Behaviors Inside and Outside of Polling Station) |
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| (1) | If a person makes a noisy speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station, officials in charge of voting management or voting clerks shall restrain it, and if he refuses complying therewith, he shall be compelled to withdraw from the polling station or beyond the restricted distance. In this case, the officials in charge of voting management or voting clerks, if necessary, may request the assistance of a police officer in uniform or the chief of a police station. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Any elector who is compelled to withdraw from a polling station as provided in paragraph (1) shall vote after all others: Provided, That officials in charge of voting management, if deeming that there is no possibility that the elector disturbs the order of the polling station, may have him vote even before all others. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | No one shall carry with him any mark that may have an effect on the election, such as wearing an armband and breastband, except in a case where he wears or attaches a mark as provided in Article 163 (2). |
| (4) | The provisions of Article 164 (2) and (3) shall apply mutatis mutandis to the prohibition of a noisy speech and behavior inside and outside a polling station. |
| (5) | The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to an absentee polling station. In this case, the "officials in charge of voting management" shall be deemed the "members in charge of absentee voting management," the "voting clerk"shall be deemed the "absentee voting clerk," the "police officer or the chief of the police station" shall be deemed the "police officer, military policeman or the chief of the police station" and the" on election day" shall be deemed "at the absentee polling station," respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 167 (Ensuring Secrecy of Voting) |
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| (1) | The secrecy of voting shall be ensured. |
| (2) | An elector shall not be liable to state the name of the candidate for whom he has voted or the name of the political party to any one or in any case, and no one may ask it or demand an elector to state it until the voting hours are closed on the election day: Provided, That where a TV or radio broadcasting station or daily newspaper provided for in the provisions of subparagraph 2 of Article 2 of the Act on the Freedom of Newspapers, etc. and Guarantee of Their Functions asks questions, by means of not infringing the secrecy of voting, in order to forecast the result of the election, at a distance of 100 meters from the polling station, this shall not apply, and in this case, the details and result thereof may not be published until the last minute of the voting hours. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | An elector shall not make the ballot paper on which he has recorded his vote open to the public, and any disclosed ballot paper shall become nullified. |
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| Article 168 (Closing and Sealing Ballot Boxes) |
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| (1) | Any official in charge of voting management shall shut the entry of the polling station at the predetermined time to close the polling station, and when the electors in the polling station finish voting, he shall close and seal the slots of the ballot box and the locks thereof in the presence of voting witnesses: Provided, That if a member refuses to witness the voting without any justifiable grounds, he shall be considered to have waived his competence to do so, and the fact thereof shall be stated in the voting record. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The keys to the ballot box, and remaining ballot papers and number papers shall be sealed as provided in paragraph (1). |
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| Article 169 (Preparation of Voting Records) |
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Officials in charge of voting management shall make voting records and affix their signatures and seals to them.
[This Article Wholly Amended by Act No. 7681, Aug. 4, 2005]
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| Article 170 (Sending Ballot Boxes) |
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| (1) | Any official in charge of voting management shall send the ballot box, keys thereof, voting record, and remaining ballot papers to the competent Gu/Si/Gun election commission without delay after voting is closed. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The ballot box, when being sent under paragraph (1), shall be accompanied by one voting witness for each candidate and up to two police officers in uniform required for the escort. In this case, the accompanying voting witnesses shall not exceed 10, and if the number of the voting witnesses exceeds 10, the official in charge of voting management shall select 10 persons by lot. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 171 (Handing Over Documents Related to Voting) |
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Any official in charge of voting management shall, upon closing the voting, hand over the electoral register and all other documents related to the election to the chairman of the competent Gu/Si/Gun election commission. <Amended by Act No. 7681, Aug. 4, 2005>
CHAPTER XI BALLOT COUNTING
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| Article 172 (Management of Ballot Counting) |
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| (1) | The ballot-counting affairs shall be carried out by a Gu/Si/Gun election commission. |
| (2) | In case where two or more ballot-counting places are set up pursuant to Article 173 (2), the members of the relevant Gu/Si/Gun election commission shall be equally designated and posted at each ballot-counting place; and the matters to be resolved by the relevant Gu/Si/Gun election commission with respect to the ballot-counting under this Act shall be determined by a resolution of a majority of members posted at the relevant ballot-counting place (including the assistant members under Article 4 (13); hereafter the same shall apply in this Chapter); and the duties of the chairman of relevant Gu/Si/Gun election commission shall be performed by the relevant chairman or vice-chairman, or the member designated by the chairman, respectively. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (3) | A majority of the registered members of the Gu/Si/Gun election commission concerned [referring to the members posted at the relevant ballot-counting place, in case where two or more ballot-counting places are set up under Article 173 (2)] shall be present at the ballot-counting place after the ballot counting begins. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000> |
| (4) | The provisions of Articles 4 (13) and 5 (4) of the Election Commission Act shall be applicable mutatis mutandis to the case of an election where two or more ballot-counting places are set up. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
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| Article 173 (Ballot-Counting Place) |
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| (1) | A Gu/Si/Gun election commission shall publicly announce the ballotcounting place to be established in the seat of the relevant Gu/Si/Gun office or its territorial jurisdiction (including other adjacent districts, if there is no appropriate place in the competent district) no later than five days before the election day: Provided, That if there is any natural disaster, terrestrial upheaval, or other unavoidable reason, it may be changed, and in this case, it shall be immediately announced. <Amended by Act No. 5537, Apr. 30, 1998> |
| (2) | A Gu/Si/Gun election commission may set up two or more ballotcounting places. <Added by Act No. 6265, Feb. 16, 2000> |
| (3) | Provisions of Article 147 (3) shall apply mutatis mutandis to the ballot-counting place. <Added by Act No. 7189, Mar. 12, 2004> |
| (4) | Procedures for and methods of ballot-counting in case where two or more ballot-counting places are set up, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Added by Act No. 6265, Feb. 16, 2000> |
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| Article 174 (Ballot-Counting Assistants) |
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| (1) | A Gu/Si/Gun election commission shall appoint ballot-counting assistants to assist in ballot-counting affairs, and shall publicly announce their names no later than three days before the election day. |
| (2) | A ballot-counting assistant shall be commissioned from among the persons falling under Article 147 (9) 1 through 4 or the impartial and neutral persons. <Amended by Act No. 7189, Mar. 12, 2004> |
| (3) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (4) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
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| Article 175 (Commencement of Ballot Counting) |
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| (1) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
| (2) | Where there exist two or more constituencies in the extent of jurisdiction, the Gu/Si/Gun election commission shall count the ballots by the unit of constituency. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
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| Article 176 (Ballot Counting of Absentee Votes) |
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| (1) | A Gu/Si/Gun election commission, upon receiving absentee votes sent by mail, immediately put them into the mail ballot boxes to keep them in the presence of the party-recommended members of the Gu/Si/Gun election commission concerned, and. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Under the witness of the ballot-counting witnesses, the mail ballot boxes may be moved to the ballot-counting place at 6 P.M. (8 P.M. in the special election etc.) or later on the election day, and their ballot counting may, in advance, commence separately from ballot papers in the general ballot boxes. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7189, Mar. 12, 2004> |
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| Article 177 (Opening of Ballot Boxes) |
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| (1) | When ballot boxes are opened, the chairman of the Gu/Si/Gun election commission shall open those ballot boxes after checking the closing and sealing of the ballot boxes in the presence of ballot-counting witnesses: Provided, That in case where any ballot-counting witness refuses to witness the ballot counting without any justifiable grounds, the chairman of the Gu/Si/Gun election commission shall enter the unjustifiable grounds in the ballot counting record after judging that he renounces his authority to witness the ballot counting. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The chairman of the Gu/Si/Gun election commission shall count the number of votes after opening the ballot box, and check it with the number of issued ballot papers entered in the voting record. In this case, if any of the members delays the ballot-counting affairs without any justifiable reason, he shall be considered to have given up his competence and the fact thereof shall be entered in the ballot-counting record. |
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| Article 178 (Proceeding of Ballot Counting) |
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| (1) | The ballot counting and the calculation of votes shall proceed under classifications by voting district. <Amended by Act No. 6663, Mar. 7, 2002> |
| (2) | The number of the votes obtained by each candidate (referring to the number of obtained votes by political party, in the election of proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this Article, the same shall apply) shall be announced by the chairman of a Gu/Si/Gun election commission in the voting district unit on the basis of the ballot-counting briefing chart totalized and prepared by voting district, but all the members of the Gu/Si/Gun election commission who are present, shall inspect the number of votes obtained before it is announced publicly, and put their signatures and affix their seals on the ballot-counting briefing chart: Provided, That if any of the members delays the ballot-counting affairs without any justifiable reason, he shall be considered to have waived his competence, and the fact thereof shall be stated in the ballot-counting record. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | No one shall report the number of votes obtained by each candidate as provided in paragraph (2) before it is officially announced: Provided, That the same shall not apply to the case where the data for ballot counting provided by the election commission are reported. <Amended by Act No. 6663, Mar. 7, 2002> |
| (4) | The procedure for ballot counting, the form of the ballot-counting briefing chart, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 179 (Invalid Votes) |
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| (1) | The vote falling under any one of the following subparagraphs shall be nullified: <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Where the regular ballot paper is not used; |
| 2. | Where no mark is put in any column; |
| 3. | Where the marks are put in two or more columns; |
| 4. | Where it is impossible to distinguish a column in which the mark is put; |
| 5. | Where the mark " " is not put, but a character or a shape of something else is drawn; |
| 6. | Where other matters than the mark " " are entered; and |
| 7. | Where the mark is put in with an aid other than such balloting aid as provided by the election commission. |
| (2) | In the case of absentee voting, the vote falling under any one of the following subparagraphs shall become nullified in addition to such cases as provided in paragraph (1): <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | Where the regular envelope for return use is not used; |
| 2. | Where the envelope for return use is not sealed; |
| 3. | Deleted; and <by Act No. 7681, Aug. 4, 2005> |
| 4. | Where a person who has reported to cast his vote at an absentee polling station, votes through the residence voting. |
| (3) | The vote shall not become nullified in the case falling under any of the following subparagraphs: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | Where the mark " " is shown partially, or the inside of the mark " " is filled up, and it is obvious that the mark is made using such balloting aid as provided by the election commission; |
| 2. | Where not less than two marks are put in the column of one candidate (referring to the political party in the election of the proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this paragraph the same shall apply); |
| 3. | Where the mark is additionally put on other than the column of the candidate and that the additional mark is not deemed to be put in the column of any candidate either; |
| 4. | Where the mark is put on the line dividing two candidates' columns, but it is obvious for whom the mark is put in; |
| 5. | Where the mark is transcribed, but it is obvious for whom the mark is put in; |
| 6. | Where it is stained or damaged by the seal-ink, but it is obvious that it is the regular ballot paper and for whom it is put; |
| 7. | In the case of the residence voting, where the mark is made in a way [excluding the case in which it may be possible to see who has made the vote, because the person has affixed a seal (excluding thumb impression) or written the name] other than the method as prescribed by this Act, and it is obvious for whom the mark is put in; |
| 8. | Where the envelope for return use on which the name or residence is written or the private seal is affixed; and |
| 9. | The absentee ballot, in case where the person who has been reported as an absentee dies after the polling but before the beginning of polling on the election day. |
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| Article 180 (Decision on Objection against Effect of Votes) |
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| (1) | If there is any objection raised against the effect of a vote, the Gu/Si/Gun election commission shall decide on it with a majority of all the registered members present and by a concurrent vote of a majority of members present. <Amended by Act No. 5127, Dec. 30, 1995> |
| (2) | In deciding the effect of a vote, the intention of the elector concerned shall be respected. |
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| Article 181 (Witness of Ballot Counting) |
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| (1) | A Gu/Si/Gun election commission shall have the ballot-counting witnesses witness the ballot counting in the ballot-counting place. |
| (2) | In the election held in the area under jurisdiction of the Gu/Si/Gun election commission, the political party recommending a candidate and an independent candidate shall select six ballot-counting witnesses and three ballot-counting witnesses, respectively and report in writing to the Gu/Si/Gun election commission concerned so as to have them witness the election, no later than a day before the election day. The ballot-counting witness may be replaced at any time after the report, and on the ballotcounting day, he may be replaced and reported at the ballot-counting place. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | If there is no report on the ballot-counting witness as provided in paragraph (2) or there is only the ballot-counting witness selected by one political party or one candidate, those who are selected up to 12 (six in the election of the autonomous Gu/Si/Gun council members of local constituency) by the Gu/ Si/Gun election commission from among the electors with their own consent, shall be the ballot-counting witnesses. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | A ballot-counting witness selected by the Gu/Si/Gun election commission as provided in paragraph (3) shall not refuse serving as the witness or resign his post without a justifiable reason. |
| (5) | The ballot-counting witness may witness the procedure for handing over and taking over the ballot box sent from the voting district, inspect the closure and sealing of the ballot box, and witness the management thereof. |
| (6) | The Gu/Si/Gun election commission shall provide the ballot-counting witnesses with seats so as to witness the proceeding of the ballot counting at a near distance (not less than one meter but not more than two meters) enough to identify the contents of the ballot counting. |
| (7) | Where a ballot-counting witness finds any illegal matter concerning the ballot counting and demands the correction thereof, the Gu/Si/Gun election commission shall correct it if the demand is deemed justifiable. |
| (8) | A ballot-counting witness may, at any time, go round the ballotcounting place to watch or take a photograph of the ballot-counting situation, and install telephones, computers and other communication equipment at such places as designated by the chairman of the Gu/Si/Gun election commission in the ballot-counting place or the general spectators' gallery, and use such equipment to inform a candidate or political party of the ballot-counting proceeding. |
| (9) | Where deemed necessary for a smooth management of the ballotcounting, the Gu/Si/Gun election commission may have the ballot witnesses witness the ballot counting by turns. In this case, the said witnesses shall be allowed to witness the ballot counting in shifts of one half of the number of witnesses by the political parties and by candidates. <Amended by Act No. 7189, Mar. 12, 2004> |
| (10) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (11) | The provisions of Article 161 (7) shall apply mutatis mutandis to the ballot-counting witnesses. In this case, the term "voting witness" means the "ballot-counting witness". |
| (12) | The form of the report on ballot-counting witnesses, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 182 (Observation of Ballot Counting) |
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| (1) | Any one may observe the proceeding of ballot counting at a demarcated place with a spectator ticket issued by the Gu/Si/Gun election commission. |
| (2) | The number of the spectator tickets as provided in paragraph (1) shall be decided in consideration of the ballot-counting place and the tickets shall be distributed equally to each candidate. |
| (3) | The Gu/Si/Gun election commission shall provide installations necessary for maintaining the order of the general spectators' gallery. |
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| Article 183 (Restriction on Access to, and Maintenance of Order in, BallotCounting Place) |
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| (1) | No one other than a member and employee of the Gu/Si/Gun election commission and its superior election commission, a ballot-counting assistant or assistant for the accounting affairs, and witness may enter the ballot-counting place: Provided, That where a person with a spectator ticket, and newsgathering personnel and a reporter of the broadcast, newspaper or wire service enter the general spectators' gallery, the same shall not apply. <Amended by Act No. 6663, Mar. 7, 2002> |
| (2) | A member and employee of an election commission, a ballot-counting assistant or assistant for the accounting affairs, and witness, when entering and leaving the ballot-counting place, shall wear or attach a mark as prescribed by the National Election Commission Regulations, and shall not transfer or concede the mark to another person. <Amended by Act No. 6663, Mar. 7, 2002> |
| (3) | The chairman or members of the Gu/Si/Gun election commission, where deemed that the order of the ballot-counting place is seriously disturbed and thereby it is impossible to proceed with fair ballot counting, may request the assistance of a police officer in uniform or the chief of a police station to maintain the order of the ballot-counting place. |
| (4) | A police officer or the chief of a police station, upon receiving the request for assistance as provided in paragraph (3), shall immediately comply therewith. |
| (5) | The police officer or the chief of the police station who enters the ballot-counting place at the request as provided in paragraph (3) shall follow the instructions of the chairman of the Gu/Si/Gun election commission, and when the order is restored or the chairman requests, he shall immediately withdraw from the ballot-counting place. |
| (6) | Except as provided in paragraph (3), no one shall carry with himself any arms, deadly weapons or explosives in a ballot-counting place. |
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| Article 184 (Sorting Ballot Papers) |
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When the ballot counting is closed, the opened ballot papers shall be sorted out for valid and invalid ones for each voting district, and the valid ballot papers shall be re-sorted for each candidate (referring to a political party which has recommended a candidate to run in the election of proportional representative National Assembly members and in the election of the proportional representative local council members), put into a separate envelope for each candidate, and then sealed by the chairman of the Gu/Si/Gun election commission and all members present: Provided, That if any of the members refuses sealing without a justifiable reason, he shall be considered to have waived his competence, and the fact thereof shall be stated in the ballot-counting record. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
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| Article 185 (Preparation of Ballot-Counting Record, Totalization Record, and Election Record) |
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| (1) | The Gu/Si/Gun election commission shall immediately announce the results of the ballot counting, prepare the ballot-counting record, and send it to the competent constituency election commission (the City/Do election commission, in the case of the presidential election and in the election of proportional representative National Assembly members). <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | The competent constituency election commission, upon receiving the ballot-counting record as provided in paragraph (1), shall immediately calculate and announce the number of votes obtained by each candidate (referring to a political party in the election of proportional representative local council members) and prepare the election record. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (3) | The City/Do election commission, upon receiving the ballot-counting record as provided in paragraph (1), shall calculate and announce the number of votes obtained by each candidate in the case of the presidential election and the number of votes obtained by each political party in the case of an election of a National Assembly member, prepare the totalization record, and send it to the National Election Commission. <Amended by Act No. 7189, Mar. 12, 2004> |
| (4) | The National Election Commission, upon receiving the totalization record as provided in paragraph (3), shall calculate and announce the number of votes obtained by each candidate in the case of the presidential election, and the number of votes obtained by each political party in the case of the election of proportional representative National Assembly members, and prepare the election record. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (5) | The ballot-counting record, totalization record and election record shall be signed and sealed by the chairman and all members present: Provided, That if any of the members refuses signing and sealing without a justifiable reason, he shall be considered to have waived his competence and the fact thereof shall be stated in the ballot-counting record, totalization record and election record. |
| (6) | The forms of the ballot-counting record, totalization record and election record, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 186 (Keeping Ballot Papers, Ballot-Counting Records, and Election Records) |
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The Gu/Si/Gun election commission shall keep the ballot papers, ballot boxes, voting records, ballot-counting records, election records, and all other documents related to the election during the term of the elected persons; the City/Do election commission shall keep the totalization records and the election records and all other documents related to the election; and the National Election Commission shall keep the election records and all other documents related to the election: Provided, That where no dispute over the election as provided in Articles 219, 222 and 223 arises or is pending, the recordkeeping period may be shortened as prescribed by the National Election Commission Regulations. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002>
CHAPTER XII ELECTED PERSONS
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| Article 187 (Decision on, Public Announcement and Notification of Elected Person for Presidency) |
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| (1) | In the presidential election, the National Election Commission shall decide the candidate who has obtained a majority of the valid votes as the elected person, and notify the Speaker of the National Assembly thereof: Provided, That where there is only one candidate, he shall be decided as the elected person only when he obtains votes from a third or more of the total electors. |
| (2) | Where two or more persons have obtained the largest votes, the National Assembly, upon receiving the notification of the National Election Commission, shall decide the candidate who has obtained a majority of votes at an open meeting at the National Assembly with at least half the total members present as the elected person. |
| (3) | When the elected person is decided as provided in paragraph (1), the chairman of the National Election Commission shall publicly announce it, and when he is decided as provided in paragraph (2), the Speaker of the National Assembly shall do so, and immediately deliver the certificate for winning the election to the elected person. |
| (4) | Even if the ballot counting is not completed due to a natural disaster, terrestrial upheaval, or other unavoidable reasons, the National Election Commission may decide the elected person where it is deemed that the votes of the area where the ballot counting is not completed shall have no influence on the election result. |
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| Article 188 (Decision on, Announcement and Notification of Elected Local Constituency National Assembly Members) |
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| (1) | In an election of a local constituency National Assembly member, the constituency election commission shall decide the person who has obtained a majority of the valid votes in the local constituency for the National Assembly member as the elected person: Provided, That if two or more persons have obtained the largest votes, the senior shall be decided as the elected person. |
| (2) | Where there is only one candidate for the local constituency National Assembly member at the time when the candidate registration is closed or the number of candidates becomes one as the candidate for the local constituency National Assembly member resigns or dies or his registration becomes nullified from the close of candidate registration till right before the beginning of the voting on the election day, the voting for the candidate for the local constituency National Assembly member shall not be held and the candidate shall be decided as the elected person on the election day. |
| (3) | Where the number of candidates for the local constituency National Assembly member becomes one because other candidates have resigned or died or their registration become nullified from the beginning of the voting to the close thereof on the election day, the remaining voting shall not proceed and the candidate shall be decided as the elected person. |
| (4) | Where the candidate for the local constituency National Assembly member has resigned or died or his registration is nullified after the close of the voting on the election day till before the decision of the elected person, the person who has obtained a majority of the valid votes as a result of the ballot counting shall be decided as the elected person, but the person who has resigned or died or whose registration is nullified has obtained a majority of the valid votes, the local constituency for the National Assembly member shall be considered to have no elected person. |
| (5) | Where the voting is not carried out as provided in paragraphs (2) and (3), the constituency election commission concerned shall immediately announce it, report it to the superior election commission, and notify the subordinate election commission thereof. |
| (6) | When the elected person for a local constituency of the National Assembly member is decided as provided in paragraphs (1) through (4), the chairman of the constituency election commission concerned shall announce it, immediately deliver the certificate for winning the election to the elected person, and report to the superior election commission thereof. |
| (7) | The provisions of Article 187 (4) shall apply mutatis mutandis to the decision on the elected person as the local constituency National Assembly member. |
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| Article 189 (Allocation of Seats of Proportional Representative National Assembly Members and Decision on, Announcement and Notification of Elected Persons) |
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| (1) | The National Election Commission shall allocate the seats of the proportional representative National Assembly members to each political party which has obtained 3/100 or more of the total valid votes in the election for a proportional representative National Assembly member or five or more seats in the general election for the local constituency National Assembly members (hereafter in this Article, referred to as the "seat-allocated party"), in proportion of the votes obtained by the relevant seat-allocated party in the election for the proportional representative National Assembly members. |
| (2) | Percentage of the obtained votes under paragraph (1) shall be calculated by dividing the number of votes obtained by a seat-allocated party by the total sum of votes obtained by all seat-allocated parties. |
| (3) | The seats of the proportional representative National Assembly members shall be first allocated to the relevant political party by an integral number of the numbers computed by multiplying the percentage of votes obtained by each seat-allocated party by the full number of seats of the proportional representative National Assembly members, and the remaining seats shall be allocated one by one to each political party in the descending order of less than a decimal point, but when the said number is equal, it shall be determined by lot among the relevant political parties. |
| (4) | The National Election Commission shall determine the persons elected to the proportional representative National Assembly members allocated to a political party, in the order of becoming the elected persons listed in the submitted roll of candidates for the proportional representative National Assembly members by political parties. |
| (5) | If the number of the seats of the proportional representative National Assembly members allocated to a political party exceeds the number of candidates for the proportional representative National Assembly members recommended by the party, the seats in excess shall be left vacant. |
| (6) | Where the causes for the revoting under the provisions of Article 198 have occurred in the election for the proportional representative National Assembly members, the National Election Commission shall determine the elected persons by allocating the seats of the proportional representative National Assembly members pursuant to the provisions of paragraphs (1) through (4), after deducting from the full number of seats an integral number (a fraction falling short of 1 shall be regarded as 1) of the number obtained by multiplying the number derived from dividing the electors of said voting district by the number of nationwide electors: Provided, That where it is expected that the seat-allocated party will be added as a result of the revoting, the seats of an integral number (a fraction falling short of 1 shall be regarded as 1) equivalent to 3/100 of the full number of seats shall be separately deducted for each political party expected to be added. |
| (7) | When the persons elected to the proportional representative National Assembly members have been determined, the chairman of the National Election Commission shall publicly notify the said name list, and promptly notify each political party thereof, and deliver the certificate for winning the election to each elected person. |
| (8) | Provisions of Article 187 (4) shall apply mutatis mutandis to the decision on the persons elected to the proportional representative National Assembly members. |
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 190 (Decision on, Announcement and Notification of Elected Local Council Members of Local Constituency) |
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| (1) | In the election of the City/Do council members of local constituency and the autonomous Gu/Si/Gun council members of local constituency, the constituency election commission shall decide the person who has obtained a majority of the valid votes in the election district concerned (in the election of autonomous Gu/Si/Gun council members of local constituency, it refers to those who fill up the full number of the council members in the descending order from the person who has obtained the most valid votes; hereafter the same shall apply in this Article): Provided, That if two or more persons have obtained the most votes, the elected person shall be decided in the order of seniority. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | Where the candidates do not exceed the full number of the council members to be elected in the constituency concerned at the time when the candidate registration is closed, or where the number of candidates becomes smaller than the full number of the council members to be elected in the constituency concerned from the close of candidate registration to the beginning of the voting on the election day as the candidates have resigned or died or their registrations are nullified, the voting shall not be held and the candidates shall be decided as the elected persons on the election day. |
| (3) | The provisions of Articles 187 (4) and 188 (3) through (6) shall apply mutatis mutandis to the decision on, announcement and notification of the elected local council members of local constituency. In this case, the term "candidate for National Assembly member of local constituency" means the "candidates for the local council members of local constituency"; the term "where the number of candidates becomes one" means "where the number of candidates becomes smaller than the full number of the council members"; and the term "local constituency for the National Assembly member" means the "election district". <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | through (9) Deleted. <by Act No. 7681, Aug. 4, 2005> |
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| Article 190-2 (Decision on, Announcement and Notification of Elected Proportional Representative Local Council Members) |
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| (1) | In the election of the proportional representative local council members, the competent constituency election commission shall preferentially allocate the seats of the integral number calculated by multiplying the fixed number of the proportional representative local council members by the ratio of votes obtained in the relevant election to each political party that obtains not less than 5/100 of the total number of valid votes (hereafter in this Article referred to as the "seat-allocated political party") and allocate one remaining seat to each seat-allocated party in order of the large fraction number and when the same fraction number exists, the one remaining seat shall be allocated to the political party that obtains the larger number of votes and if the same number of votes are obtained, the allocation of the remaining seat shall be determined by lot between the political parties concerned. In the case, the ratio of votes obtained shall be calculated by dividing the number of votes obtained by each seat-allocated party by the total number of votes obtained by all seat-allocated parties and by rounding off 5 decimal point. |
| (2) | In the election of the proportional representative City/Do council members, when not less than 2/3 of the fixed number of seats are allocated to any single political party, the integral number of seats which falls under 2/3 of the fixed number shall be first allocated to the political party and with respect to the remaining seats, the fixed number of seats whose number is obtained by the multiplication of the remaining seats by the ratio of votes obtained among remaining seat-allocated political parties shall be allocated to the remaining seat-allocated political parties and when remaining seats exist thereafter, one seat shall be allocated to the remaining seat-allocated political parties in order of the large fraction number: Provided, That in case where there is no seat-allocated political party other than the political parties that are allocated 2/3 of the fixed number of seats, the integral number of seats which is obtained by the multiplication of the remaining seats by the ratio of votes obtained by political parties that are not seat-allocated political parties shall be first allocated to such political parties and if remaining seats exist, one seat shall be allocated to each political party in order of large fraction number. In this case, the provisions of paragraph (1) shall apply mutatis mutandis to the calculation of the ratio of votes obtained and the allocation of seats in the case of the same fraction number. |
| (3) | In the election of the proportional representative local council members, when grounds for revoting provided for in the provisions of Article 198 accrue, the competent constituency election commission shall allocate the seats of the proportional representative council members and determine elected persons according to the provisions of paragraphs (1) and (2) after subtracting the fixed number that is obtained by the multiplication of the integral number (the fraction number of not more than 1 shall be deemed 1) of the proportional representative local council members by the number obtained by dividing the number of electors of the voting district by the number of electors of the relevant constituency from the fixed number of the proportional representative council members: Provided, That when it is expected to add a seat-allocated political party as a result of revoting from among political parties that are excluded from the allocation of the seats of the proportional representative local council members, the integral number of seats falling under 5/100 (the fraction number of not more than 1 shall be deemed 1) of the fixed number of the proportional representative local council members shall be separately subtracted for every political party that is expected to be added. |
| (4) | The provisions of Articles 187 (4) and 189 (4), (5) and (7) shall apply mutatis mutandis to the decision on the elected proportional representative local council members. In this case, the "National Election Commission" shall be deemed the "competent constituency election commission" and the "proportional representative National Assembly members" shall be deemed the "proportional representative local council members," respectively. |
[This Article Added by Act No. 7681, Aug. 4, 2005]
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| Article 191 (Decision on, Announcement and Notification of, Elected Heads of Local Governments) |
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| (1) | In an election of the head of a local government, the constituency election commission shall decide the person who has obtained a majority of the valid votes as the elected person, and notify the chairman of the local council concerned thereof: Provided, That where two or more persons have obtained the largest votes, the senior shall be decided as the elected person. |
| (2) | Where there is only one candidate at the time when the candidate registration is closed or the number of candidates becomes one as the candidates have resigned or died or their registrations become nullified from the close of candidate registration to the close of the voting on the election day, the voting shall be held, and the candidate shall be decided as the elected person only when he obtains votes from at least a third of the total voters. <Amended by Act No. 4947, Apr. 1, 1995> |
| (3) | The provisions of Articles 187 (4) and 188 (4) and (6) shall apply mutatis mutandis to the decision on the elected head of a local government. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000> |
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| Article 192 (Invalidation of Election due to Forfeiture of Eligibility) |
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| (1) | The person who is ineligible for election on the election day shall not be elected. |
| (2) | Where an elected person becomes ineligible for election before his term begins, the election shall be invalidated. |
| (3) | Where the elected person falls under any one of the following subparagraphs before his term begins, his election shall be invalidated: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | Where the elected person is found to have won the election in contravention of the provision of paragraph (1); |
| 2. | Where the elected person is found to fall under any cause for nullification of the registration as provided in any subparagraph of Article 52 (1) or paragraph (2) of the same Article; and |
| 3. | Where the elected person as the proportional representative National Assembly member or the proportional representative local council member has seceded from his party or changed his party membership for reasons other than a merger, dissolution, or expulsion, or he holds two or more party memberships (including the person who has held two or more party memberships at the time when the elected person is decided). |
| (4) | A proportional representative National Assembly member or a proportional representative local council member, where seceding from his party or changing his party membership for reasons other than a merger, dissolution, expulsion, or holding two or more party memberships, shall be relieved of his office, notwithstanding the provisions of Article 136 of the National Assembly Act or Article 70 of the Local Autonomy Act: Provided, That this shall not apply to the case where a proportional representative National Assembly member has been elected to the Speaker, and strikes his name off the party register under the National Assembly Act. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (5) | In the cases of paragraphs (2) and (3), the competent constituency election commission (the National Assembly, in the case where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2)) shall publicly announce the facts thereof and notify the elected person and the political party which has recommended him thereof, and shall notify the Speaker of the National Assembly thereof where the person whose election has been invalidated or nullified is the one elected to presidency or National Assembly membership, and the chairman of the local council concerned thereof where the person is the one elected as the local council member and the head of the local government. |
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| Article 193 (Correction of Errors in Decision on Elected Persons) |
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| (1) | The constituency election commission (the National Assembly, in the case where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2)), upon finding out that there is an obvious error in the decision on the elected person, shall correct the decision on the elected person within 10 days from the election day. |
| (2) | The constituency election commission (excluding the National Election Commission), upon making a correction as provided in paragraph (1), shall be examined by the National Election Commission in the case of an election of a National Assembly member of local constituency, a proportional representative City/Do council member, and a Mayor/Do governor, and by the City/Do election commission in the case of an election of a City/Do council member of local constituency, an autonomous Gu/Si/Gun council member or the head of an autonomous Gu/Si/Gun, respectively. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6663, Mar. 7, 2002> |
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| Article 194 (Redecision on Elected Persons and Reallocation of Seats of Proportional Representative National Assembly Members and of Proportional Representative Local Council Members) |
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| (1) | If the judgment or decision on the invalidation of election for the reason of illegality in deciding the elected person as provided in Article 187, 188, 190 (1) through (3), or 191 becomes final, the constituency election commission concerned (the National Assembly, in the case where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2)) shall immediately redecide on the elected person. <Amended by Act No. 6663, Mar. 7, 2002> |
| (2) | If there exists a judgment or a decision on the invalidity of election for the reason of illegality in allocating the seats of proportional representative National Assembly members or of proportional representative local council members and in deciding the elected persons thereof under Articles 189 and 190-2, or if a reelection due to the reasons under Article 197 is held, the competent constituency election commission shall immediately reallocate the seats and redecide on the elected persons. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (3) | If the elected person in an election of a proportional representative National Assembly member or proportional representative local council member has resigned or died, or his election becomes invalidated as provided in Article 192 (2), or his election becomes nullified as provided in Article 192 (3), before his term begins, the constituency election commission shall decide the candidate recommended by the political party to which the elected person belongs at the time of the election as the elected person, in the order of the candidates roll for the proportional representative National Assembly members or proportional representative local council members. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | In an election of a proportional representative National Assembly member or proportional representative local council member, when the revoting is held for the causes as referred to in Article 198, the constituency election commission shall compute the ratio of obtained votes by summing up the obtained votes in the initial election and those in the revoting, and allocate the remaining seats in the descending order obtained by deducting the number of seats allocated already to each political party from the number obtained by multiplying such ratio of obtained votes by the full number of seats of the relevant constituency, and then decide the elected persons thereof. In this case, the provisions of Article 189 (1) through (5) shall apply mutatis mutandis to the election of proportional representative National Assembly members, and the provisions of Article 190-2 to the election of proportional representative local council members. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
CHAPTER XIII REELECTION AND SPECIAL ELECTION
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| Article 195 (Reelection) |
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| (1) | A reelection shall be held in the following cases: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Where there is no candidate for the election district concerned; |
| 2. | Where there is no elected person, or in the election of autonomous Gu/Si/Gun council members of local constituency, the number of the elected persons fails to reach the full number of the local council members to be elected in the election district concerned; |
| 3. | Where the whole invalidation of the election is ruled or decided; |
| 4. | Where the elected person has resigned or died before his term begins; |
| 5. | Where the election becomes invalidated as provided in Article 192 (2) or the election becomes nullified as provided in paragraph (3) of the same Article, before the term of the elected person begins; and |
| (2) | Where the causes for holding a reelection have become definite in the same constituency of one election after the causes for holding a special election as referred to Article 200 have become definite, if the said election day is identical, it shall be regarded as a reelection. <Added by Act No. 7189, Mar. 12, 2004> |
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| Article 196 (Postponement of Election) |
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| (1) | If it is impossible to hold an election or an election has not been held due to a natural disaster or terrestrial upheaval or for other unavoidable reasons, the President shall postpone the election in the case of the presidential election and an election of a National Assembly member, and the chairman of the competent constituency election commission shall do so in consultation with the competent head of the local government (including his proxy) in the case of an election of a local council member or head of the local government. <Amended by Act No. 6265, Feb. 16, 2000> |
| (2) | In the case of paragraph (1), if the election is postponed, the procedure for election shall proceed all over again, and if only the election day is rescheduled, the election procedure shall resume where it had stopped. |
| (3) | If the election is postponed as provided in paragraph (1), the President or the chairman of the competent constituency election commission shall announce the name of the election to be postponed and the reason for postponement, and the President shall immediately notify the chairman of the competent constituency election commission thereof, and the chairman of the competent constituency election commission shall do so to the head of the local government concerned. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 197 (Reelection due to Partial Invalidation of Election) |
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| (1) | If a judgment or decision on the partial invalidation of the election becomes final, the competent constituency election commission shall hold a reelection for the voting district concerned where the election has become invalid, and then decide a new elected person. |
| (2) | Notwithstanding the provision of Article 44, the electoral register used for the initial election shall be used in holding the reelection as provided in paragraph (1), unless there is any specification in the judgment or decision. |
| (3) | In holding the reelection as provided in paragraph (1), where political parties are merged, the merged party shall recommend to the relevant constituency election commission one person from among the candidates before a merger of political parties as a new candidate during the period from the beginning day of the said reelection to the day next thereto, and in the election of proportional representative National Assembly members and the election of proportional representative local council members, each roll of candidates shall be submitted, but any person who has not been listed in the roll of candidates submitted by the political parties before a merger shall not be added. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | If a recommendation is not made during the period as provided in paragraph (3), the candidate registration that the political party has made for the election district concerned before the merger shall be invalidated. |
| (5) | The mark of a candidate for a merged party (referring to a political party recommending a candidate, in the election of proportional representative National Assembly members and the election of proportional representative local council members) shall be the same as what he has used at the initial election. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (6) | In calculating the votes obtained by the candidate recommended as provided in paragraph (3), the votes obtained by the candidate who fails to obtain the recommendation due to the merger shall not be counted. |
| (7) | Where the causes for holding a reelection as referred to in paragraph (1) have become definite in the election of proportional representative National Assembly members and the election of proportional representative local council members, the seats shall be re-allocated pursuant to the provisions of Article 189 (1) through (4) or 190-2, after deducting from the full number of said seats an integral number (a fraction falling short of 1 shall be regarded as 1) of the number obtained by multiplying the number of seats in the election district by the number obtained by dividing the number of electors in the voting district by the number of electors in the said election district, and any winning of an election of proportional representative National Assembly member and of an election of proportional representative local council member, which has been excluded from the said re-allocation, shall be invalidated. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (8) | Provisions of Article 194 (4) shall apply mutatis mutandis to the reallocation of seats at the time when conducting a reelection as referred to in paragraph (1) in the election of proportional representative National Assembly members and the election of proportional representative local council members, and to a decision on the elected person. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | The election campaign and election expenses for the reelection as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations within the limit of this Act. |
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| Article 198 (Revoting due to Natural Disaster or Terrestrial Upheaval) |
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| (1) | Where the voting in a voting district is not held due to a natural disaster or terrestrial upheaval or for other unavoidable reasons, or a ballot box is lost or destroyed, the competent constituency election commission shall hold a revoting for the voting district concerned, and then decide the elected person for the election district. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (2) | If the revoting as provided in paragraph (1) is deemed to have no effect on the result of the election for the relevant election district, the elected person shall be decided without holding the revoting. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004> |
| (3) | With respect to the revoting as provided in paragraph (1), if there is a merged political party, in the calculation of obtained votes for reallocating the seats of the proportional representative National Assembly members and the proportional representative City/Do council members as provided in Article 194, the number of the votes obtained by the candidate and the proportional representative local council members shall be added to the votes obtained by the political party to which the candidate has belonged before the merger. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (4) | The provisions of Article 197 (3) through (6) shall apply mutatis mutandis to the revoting to be held due to a natural disaster or terrestrial upheaval. |
| (5) | The election campaign and expenses for the revoting as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations within the limit of this Act. |
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| Article 199 (Holding Postponed Elections) |
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The postponed election as provided in Article 196 (1) or the revoting as provided in Article 198 (1) shall be held together with an election as provided in Article 35, if possible. <Amended by Act No. 7189, Mar. 12, 2004>
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| Article 200 (Special Election) |
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| (1) | If the office of any constituency National Assembly member, any local council member of local constituency or the head of the local government becomes vacant, a special election shall be held. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | If the office of a proportional representative National Assembly member or a proportional representative local council member becomes vacant, the constituency election commission shall decide the person to succeed to the seat of the vacant member in the order of the roll of candidates for the proportional representative National Assembly members and for the proportional representative local members of the political party to which the vacant member belonged at the time of his election, within 10 days after it receives the notification of such vacancy: Provided, That where his election becomes invalidated as provided in Article 264, the political party to which he belongs is dissolved or a vacant member accrues within 180 days before the date on which his term of office expires, the same shall not apply. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (3) | If the presidency becomes vacant, the person acting for the President shall immediately notify the National Election Commission thereof. |
| (4) | If the office of a National Assembly member becomes vacant, the Speaker of the National Assembly shall notify the President and the National Election Commission thereof. |
| (5) | If the office of a local council member becomes vacant, the chairman of the local council concerned shall notify the head of the local government concerned and the competent constituency election commission thereof, and if the office of the head of a local government becomes vacant, the person acting for the head of the local government shall notify the chairman of the local council concerned and the competent constituency election commission thereof. |
| (6) | Where there exists no notification of vacancy under paragraph (4) or (5) not later the time of an application for candidate's registration even though the said member has retired from office under the provisions of Article 53, the said notification shall be deemed to have been received when he was registered as a candidate therefor. <Added by Act No. 7189, Mar. 12, 2004> |
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| Article 201 (Special Cases on Special Election) |
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| (1) | If the term is less than one year from the election day to the expiration day of the term of office, or a fourth or more of the full number of the local council members is not vacant (excluding the case of a reelection held when the term until the expiration day of the term of office is at least one year, a postponed election, or the revoting), a special election (excluding the presidential election, election of a proportional representative National Assembly member and a proportional representative local council member; hereafter, the same shall apply in this paragraph) may not be held. In this case, where the special election is held because a fourth or more of the full number of the local council members becomes vacant, it shall be held for the total vacant council members thereof. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6497, Jul. 24, 2001; Act No. 7681, Aug. 4, 2005> |
| (2) | Where litigation on an election is pending as provided in Article 219 (2) or 223, a special election shall not be held. |
| (3) | Where a special election, reelection, postponed election, or revoting for a local council member is held, if the area of the constituency extends over the area under jurisdiction of any other local government corresponding to the local government to which the council member belongs because of a change in the territorial jurisdiction of the latter, the area under jurisdiction of the local government concerned shall be the area of the competent constituency. |
| (4) | Even if the cause for holding a special election occurs, when wishing not to hold the special election for the reason that falls under the former part of paragraph (1), the fact thereof shall be announced within 10 days after the cause for holding a special election becomes final, and the President shall notify the competent constituency election commission in the case of a special election for the National Assembly members, and the chairman of the competent constituency election commission shall notify the chairman of a local council and the head of a local government concerned in the case of a special election for the local council members or the head of the local government. In this case, the cause for holding the election shall be considered to have not been final, notwithstanding the provisions of Article 35 (5). <Amended by Act No. 6265, Feb. 16, 2000> |
| (5) | When the special election, etc. is held pursuant to the provisions of the latter part of paragraph (1), the chairman of the competent constituency election commission shall publicly announce the election day by 40 days before the date on which the election is held, notwithstanding the provisions of Article 35 (2). In this case, the "grounds of holding the election become definite" provided for in paragraph (5) of the same Article shall be deemed the "date on which the election day is publicly announced". <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | In a special election [excluding the election for the vacancy in the case of the presidential election, the reelection, and the postponed election as provided in Article 195, a special election to be held concurrently with the election to be held at the expiration of term as provided in Article 203 (2)], the absentee voting shall be subject to the examples of residence voters as provided in Article 158 (4), notwithstanding the provisions of paragraphs (1) through (3) of the same Article. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 7189, Mar. 12, 2004> |
CHAPTER XIV SPECIAL CASES ON SIMULTANEOUS ELECTIONS
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| Article 202 (Definition of Simultaneous Elections and Election Period) |
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| (1) | For the purpose of this Act, the term "simultaneous elections" means holding two or more different elections on the same election day in the area where the election districts overlap partially or wholly. |
| (2) | In the simultaneous elections, if the election periods and the election affairs schedules of individual elections are different with one another, the simultaneous elections shall be held according to the example of the one whose election period is longer, notwithstanding different provisions of this Act. |
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| Article 203 (Scope and Election Day of Simultaneous Elections) |
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| (1) | The elections of local council members and the head of a local government, whose terms expire on the same day, shall be held at the same time on the election day of the election to be held at the expiration of their terms. |
| (2) | In case where a special election for the head of a local government as provided in Article 35 (2) 2 comes to fall under the following subparagraphs, it shall be held at the same time on the election day of the election to be held at the expiration of term: <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> |
| 1. | A special election whose election period expires during the election period of the election to be held at the expiration of the term; and |
| 2. | A special election whose election period expires after the election day of the election to be held at the expiration of the term, but whose execution is finally decided 30 days before the election day of the election to be held at the expiration of the term. |
| (3) | The special elections falling under the following subparagraphs from among those as provided in Article 35 (2) 1 shall be held at the same time on the election day of the election to be held at the expiration of the term: Provided, That if the election day of the relevant special election comes within the period from 40 days before the election for the National Assembly members, or the local council members and the heads of local governments at the expiration of their terms, to 50 days after the election day, the relevant special election (hereafter referred to as "postponed special election" in this Article) shall be held on the first Wednesday 50 days after the election day of relevant election at the expiration of the term, and the special election, for which the cause for holding has become definite 30 days before the election day of the relevant postponed special election, shall also be held at the same time: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Special elections whose election day is within 40 days before the beginning day of election campaign period of the election at the expiration of term; and |
| 2. | Special elections for which the cause for holding becomes definite no later than 30 days before the election day of the election at the expiration of term. In this case, the special election, for which the cause for holding becomes definite after the 30th day before the election day of relevant election at the expiration of term, shall be held on the election day of subsequent special election, etc. |
| (4) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
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| Article 204 (Special Cases on Electoral Register) |
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| (1) | Notwithstanding the provision of Article 44, only one set of electoral register and electoral register for reported absentees shall be used for the simultaneous elections. |
| (2) | Deleted. <by Act No. 5537, Apr. 30, 1998> |
| (3) | The cover forms of the electoral register and electoral register for reported absentees to be used for the simultaneous elections, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 205 (Special Cases on Establishment of Election Campaign Organizations and Appointment of Election Affairs Personnel) |
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| (1) | In the simultaneous elections, two or more candidates (including the political party which has recommended a candidate in the election of proportional representative local council members; hereafter in this Article, the same shall apply) recommended by the same political party may jointly establish an election campaign office and election campaign liaison office. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (2) | In the simultaneous elections, two or more candidates recommended by the same political party may jointly appoint an election campaign manager, chief of the election campaign liaison office, or election campaign worker. |
| (3) | In case of paragraphs (1) and (2), each candidate shall be deemed to have carried out the establishment or appointment thereof, and the facts thereof shall be specified in a report on establishment and appointment and the expenses for joint establishment and appointment may be allocated among candidates according to an agreement among them, but the details of such allocation shall be specified in the report on establishment and appointment. |
| (4) | A candidate shall not be an election campaign manager, chief of an election campaign liaison office, election campaign worker, or accountant in charge for a candidate in another election. |
| (5) | The report form of establishment and appointment at the time of joint establishment of an election campaign office and election campaign liaison office and joint appointment of those engaged in the election affairs, and the identification card form, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 206 (Special Cases on Propaganda Posters) |
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When the simultaneous elections are held under Article 203 (1), the number of posters shall be two thirds of the base number as provided in Article 64 (1) if two elections are held at the same time, and half the base number if three or more elections are held at the same time.
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| Article 207 (Special Cases of Book-type Election Campaign Bulletins) |
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| (1) | In the simultaneous election, not less than 2 candidates (referring to the political party that recommends its candidate in the presidential election, in the election of the proportional representative National Assembly members and in the election of the proportional representative local council members; hereafter in this Article the same shall apply) who are recommended by the same political party may jointly prepare the booktype election campaign bulletins pursuant to the provisions of Article 65 and when the book-type election campaign bulletins are prepared, the candidates shall be deemed that they each prepare one kind of the booktype election campaign bulletins. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | If the book-type election campaign bulletin is jointly prepared in such a manner that the candidate for the larger election district inserts in a part of such book-type election campaign bulletin different contents concerning a candidate for the smaller election district depending on the election district, the book-type election campaign bulletin in which the contents concerning the candidate for the larger election district are identical shall be considered as one kind. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | If the book-type election campaign bulletin is jointly prepared under paragraph (1), the expenses may be allocated among the candidates in accordance with an agreement. In this case, the details of allocation shall be reported in writing to the competent Gu/Si/Gun election commission at the time when the book-type election campaign bulletin is submitted. <Amended by Act No. 7681, Aug. 4, 2005> |
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| Article 208 Deleted.<by Act No. 7189, Mar. 12, 2004> |
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| Article 209 (Special Cases on Speech or Interview at Open Place) |
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In the simultaneous elections, two or more candidates recommended by the same political party, election speechmaker or moderator may jointly carry out an election speech or interview at an open place as provided in Article 79. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5537, Apr. 30, 1998; Act No. 7189, Mar. 12, 2004>
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| Article 210 (Special Cases on Regulation of Party Activities Related to Election) |
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In the simultaneous elections, the regulations on political party activities related to the election as provided in Chapter 9 shall be applied on the basis of one election regardless of the number of the elections to be held at the same time, but where the election to be held at the expiration of term and the special election as provided in Article 35 (2) and (3) or the postponed election as provided in Article 36 are held at the same time, the election to be held at the expiration of term shall be the base, and where the special election as provided in Article 35 (2) and (3) is held at the same time, the term "when the cause for holding the election becomes final" means "when the cause for holding the first special election of those special elections which are to be held at the same time becomes final".
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| Article 211 (Special Cases on Ballot Papers and Voting Guidance Leaflets) |
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| (1) | In the simultaneous elections, the ballot papers may be prepared and delivered in a way that they are differentiated for each election by chromaticity, and quality of paper as prescribed by the National Election Commission Regulations. |
| (2) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (3) | In the simultaneous elections, ballot papers for the election of the Mayor/Do governor and the election of the proportional representative City/Do council members shall be prepared by the relevant City/Do election commission under the conditions as prescribed by the National Election Commission Regulations, notwithstanding the provisions of Article 151 (1). In this case, the official seal of the City/Do election commission shall be affixed to the ballot papers but the official seal may be printed on the ballot papers in lieu of affixing it to them. <Amended by Act No. 7681, Aug. 4, 2005> |
| (4) | In the simultaneous elections, the voting guidance leaflets may be prepared in one kind of voting guidance leaflet as prescribed by the National Election Commission Regulations, notwithstanding the provisions of Article 153. |
| (5) | In the simultaneous elections, the number, installation and equipment of the polling station, a person to prepare and deliver the ballot papers, and the delivery method thereof, the voting procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 212 (Special Cases on Sending and Returning Absentee Ballot Papers) |
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In the simultaneous elections, the absentee ballot papers may be mailed and returned using one envelope for return use and one envelope for mailing, respectively for each elector listed on the electoral register for reported absentees within the boundary as provided in Articles 154 (1) and 158 (1). <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7681, Aug. 4, 2005>
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| Article 213 (Special Cases on Selection and Appointment of Voting Witnesses) |
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| (1) | In the simultaneous elections, two voting witnesses shall be selected and reported by each political party that has recommended candidates, and each independent candidate, notwithstanding the number of persons to be selected and reported as provided in Article 161 (2). <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | In the designation of voting witnesses for the simultaneous election, the "candidates" provided for in Article 161 (4) shall be deemed the "political party or candidates" and "by the candidate" shall be deemed "by the candidate and the political party," respectively. <Amended by Act No. 7681, Aug. 4, 2005> |
| (3) | In the simultaneous elections, two absentee voting witnesses shall be selected and reported by each political party participating in the election, and one absentee voting witness by each independent candidate, regardless of the number of persons to be selected and reported as provided in Article 162 (2). <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (4) | In the simultaneous elections, the absentee voting witnesses shall not exceed 12 persons, but if the number of witnesses selected and reported as provided in paragraph (3) exceeds 12, the competent election commission shall first designate those selected and reported by a political party, and the remaining witnesses shall be designated by lot until the total reaches 12, from among those selected and reported by the independent candidates. In this case, if the number of those selected and reported by a political party exceeds 12, the witnesses shall be designated up to 12, beginning with a person selected and reported by a political party on the top of list as provided in Article 150 (3) and (4). <Added by Act No. 4949, May 10, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
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| Article 214 (Special Cases on Opening Ballot Boxes) |
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In the simultaneous elections, the ballot boxes shall be opened by each election or constituency having jurisdiction over a smaller area as provided in Article 175 (2). <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7850, Mar. 2, 2006>
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| Article 215 (Special Cases on Ballot-Counting Witnesses) |
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| (1) | In the simultaneous elections, the political party that has recommended a candidate shall select and report eight ballot-counting witnesses, and the independent candidate shall select and report two, notwithstanding the number of persons to be selected and reported as provided in Article 181 (2): Provided, That the Gu/Si/Gun election commission, upon counting the absentee ballots, shall permit four persons of those selected and reported by the political party and one person of those selected and reported by the independent candidate to witness such ballot counting. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | In the simultaneous elections, notwithstanding the provision of Article 182 (2), the admission tickets shall first be allocated equally among the political parties, and then allocated equally among the independent candidates, but each candidate shall be allocated at least one ticket. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
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| Article 216 (Special Cases on Holding Four or More Elections Simultaneously) |
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| (1) | In four or more simultaneous elections, the candidate for the election of the autonomous Gu/Si/Gun council members of local constituency may use one motor vehicle and one set of portable loudspeakers for an election campaign speech or interview as provided in Article 79. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (2) | In case where the election of the local council members and the election of the head of local government are simultaneously held at the expiration of their terms of office, when ballot papers are delivered to electors pursuant to the provisions of Article 157 (2), officials in charge of voting management shall get one person who is nominated from among the voting clerks to affix their private seals to ballot papers for the election of the autonomous Gu/Si/Gun council members and the election of the head of the autonomous Gu/Si/Gun and then deliver such ballot papers to electors and officials in charge of voting management shall affix their private seals to ballot papers for the election of the City/Do council members and the election of the Mayor/Do governor and deliver such ballot papers to electors. The electors shall receive ballot papers for the election of the autonomous Gu/Si/Gun council members and the head of the Gu/Si/Gun and make the mark of selecting one candidate (referring to one political party in the election of the proportional representative Gu/Si/Gun council members) on their ballot papers and then put their ballot papers into ballot boxes and then they receive ballot papers for the elections of the City/Do council members and the Mayor/Do governor and make the mark of selecting one candidate (referring to one political party in the election of the proportional representative City/Do council members) and put their ballot papers into ballot boxes before they walk out of polling stations. <Amended by Act No. 7681, Aug. 4, 2005; Act No. 7850, Mar. 2, 2006> |
| (3) | Where the elections of the local council members and the heads of local governments at the expiration of terms of office are simultaneously held, the ballot-counting proceeding thereof may be based on the unit of Eup/Myeon/Dong, notwithstanding the provisions of Articles 178 (1), (2) and 214. <Added by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (4) | Deleted. <by Act No. 6265, Feb. 16, 2000> |
| (5) | Number of ballot boxes to be placed in polling stations, procedure for the voting and ballot counting and the method and ballot-counting procedure under paragraph (3) in four or more simultaneous elections other than paragraphs (1) through (3), and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7850, Mar. 2, 2006> |
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| Article 217 (Special Cases on Preparation of Voting Record and BallotCounting Record) |
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In the simultaneous elections, one voting record and one ballot counting record may be prepared, without distinguishing elections. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 218 Deleted.<by Act No. 5262, Jan. 13, 1997> |
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CHAPTER XV LITIGATION ON ELECTION
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| Article 219 (Petition on Election) |
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| (1) | In an election of a local council member and head of a local government, any elector, political party (limited to the political party which has recommended a candidate; hereafter, the same shall apply in this Article), or candidate, when having an objection to the validity of the election, may file a petition against the chairman of the constituency election commission concerned with the City/Do election commission in the case of an election of the local constituency City/Do council members, the autonomous Gu/Si/Gun council members and heads of autonomous Gus/Sis/Guns, and with the National Election Commission in the case of an election of the proportional representative City/Do council members and the Mayors/Do governors, within 14 days from the election day. <Amended by Act No. 6663, Mar. 7, 2002> |
| (2) | A political party or candidate, when having an objection to the validity of the election of a local council member or head of a local government, may file a petition against the elected person if the petition is made for the reason that it falls under Article 52 (1) and (2) or 192 (1) through (3), and against the chairman of the constituency election commission if the petition is made for the reason that the decision made as provided in Articles 190 and 191 is illegal, with the City/Do election commission in the case of an election of the City/Do council members of local constituency, the autonomous Gu/Si/Gun council members or the heads of autonomous Gus/Sis/Guns, and with the National Election Commission in the case of an election of the proportional representative City/Do council members and the Mayors/Do governors. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (3) | If the chairman of the constituency election commission against whom a petition may be filed as provided in paragraphs (1) and (2) is vacant, the petition shall be made against all members of the constituency election commission concerned. |
| (4) | If the elected person against whom a petition may be filed as provided in paragraph (2) resigns or dies, or whose election becomes invalidated as provided in Article 192 (2), or whose election becomes nullified as provided in paragraph (3) of the same Article, the petition shall be filed against the chairman of the constituency election commission concerned, and against all members of the constituency election commission concerned if the chairman of the constituency election commission is vacant. |
| (5) | The petition as provided in paragraphs (1) and (2) shall be filed in writing, and include the following matters together with a signature and seal. In this case, the petition shall be accompanied by its duplicates corresponding to the number of parties: |
| 1. | Name and address of the petitioner; |
| 2. | Name and address of the person against whom the petition is filed; |
| 3. | Purpose of and reason for the petition; |
| 4. | Contents of the disposition which is the object of the petition; and |
| 5. | Name and address of the deputy or commission-selected representative, if any. |
| (6) | The National Election Commission or City/Do election commission, upon receiving a petition as provided in paragraph (5), shall immediately serve the person concerned with the duplicate of the petition. |
| (7) | The person against whom a petition is filed, upon being served with the duplicate as provided in paragraph (6), shall present his defense at a time designated by the National Election Commission or City/Do election commission. In this case, the duplicates corresponding to the number of parties concerned shall be accompanied, and the National Election Commission or City/Do election commission, upon receiving the defense, shall serve the parties concerned with the duplicates thereof. |
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| Article 220 (Decision on Petitions) |
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| (1) | The National Election Commission or City/Do election commission, upon receiving a petition as provided in Article 219 (1) or (2), shall make a decision thereon within 60 days after receiving it. |
| (2) | The decision as provided in paragraph (1) shall be in writing, specifying the following matters therein, and the members participating in the decision making shall sign and affix their seals: |
| 1. | Number and title of the case; |
| 2. | Names and addresses of the parties concerned, participants and deputies; |
| 4. | Purpose of the petition; |
| (3) | The National Election Commission or the City/Do election commission shall immediately serve the authentic copy of the decision as provided in paragraph (2) on the petitioner, petitionee and participant, and announce the decision summary thereof. |
| (4) | The decision on a petition shall enter into force when it is served on the petitioner as provided in paragraph (3). |
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| Article 221 (Application Mutatis Mutandis of Administrative Appeals Act) |
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| (1) | Except as prescribed by this Act in relation to the election petition, the provisions of Articles 7 (excluding the latter part of paragraph (2)), 11, 13 (2) through (5), 14, 15, 16, 20, 21 (1), 23, 25, 26, 27, 28, 29, 30, 32 (1) and (2), 39, 40, 41 and 44 of the Administrative Appeals Act shall apply mutatis mutandis to the election petition, and the provisions of the Civil Procedure Act shall apply mutatis mutandis to the expenses for the election petition, but where the provisions of the Administrative Appeals Act apply mutatis mutandis, the term "administrative appeals" means the "election petition"; the term "requester" means the "petitioner"; the term "requestee" means the "petitionee"; the term "request for administrative appeals or administrative appeals" means the "petition"; the term "written request for administrative appeals" means the "written petition"; the term "ruling" means the "decision"; the term "ruling period" means the "decision period"; the term "committee or ruling authority" means the "National Election Commission or City/Do election commission"; and the term "written ruling" means the "written decision". <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7681, Aug. 4, 2005> |
| (2) | Other matters necessary for the petition shall be prescribed by the National Election Commission Regulations. |
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| Article 222 (Election Lawsuit) |
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| (1) | In the presidential election and the election of National Assembly members, an elector, political party (limited to a political party which has recommended a candidate), or candidate that has an objection to the validity of the election may file a lawsuit with the Supreme Court against the chairman of the constituency election commission concerned within 30 days from the election day. |
| (2) | In an election of a local council member and head of a local government, a petitioner (including the elected person) who has an objection to the decision as provided in Article 220 on the validity of the election may file a lawsuit against the chairman of the constituency election commission concerned within 10 days from when the decision is received, and if the decision is not made during the period as provided in Article 220 (1), within 10 days after the period expires, with the Supreme Court in the case of an election of the proportional representative City/Do council members and the Mayor/Do governor, and with the appellate court having jurisdiction over the election district concerned in the case of an election of the local constituency City/Do council members, the autonomous Gu/Si/Gun council members and the heads of autonomous Gus/Sis/Guns. <Amended by Act No. 6663, Mar. 7, 2002> |
| (3) | If the position of a chairman who may be a defendant as provided in paragraphs (1) and (2) becomes vacant, all members of the constituency election commission concerned shall be the defendants. |
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| Article 223 (Lawsuit against Election) |
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| (1) | In the presidential election and election of a National Assembly member, a political party (limited to the party which has recommended a candidate) or candidate that has an objection to the validity of election, may file a lawsuit with the Supreme Court against the elected person as defendant for a reason that he falls under Article 52 (1) and (2) or 192 (1) through (3), and against the chairman of the National Election Commission or the Speaker of the National Assembly who has decided on the elected person, in the case of the presidential election, and the chairman of the constituency election commission concerned, in the case of an election of a National Assembly member, for a reason that the decision made as provided in Article 187 (1) and (2), 188 (1) through (4), 189 or 194 (4) is illegal, within 30 days after the elected person is decided. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (2) | In an election of a local council member and head of a local government, a petitioner or elected person who is the petitionee [including the elected person, in the case where the chairman of the constituency election commission is the petitionee as provided in the latter part of Article 219 (2)], upon having an objection to the decision as provided in Article 220 on the validity of election, may institute a lawsuit against the elected person [referring to the chairman of the competent constituency election commission, if it is based on the latter part of Article 219 (2)] with the Supreme Court in the case of the election of the proportional representative City/Do council members and the Mayor/Do governor, and with the appellate court having jurisdiction over the election district concerned in the case of an election of the local constituency City/Do council members, the autonomous Gu/Si/Gun council members or the heads of autonomous Gus/Sis/Guns, within 10 days after the written decision is received, and if the decision is not made during the period as provided in Article 220 (1), within 10 days after the period expires. <Amended by Act No. 6663, Mar. 7, 2002> |
| (3) | If the position of a chairman who may be the defendant as provided in paragraphs (1) and (2) becomes vacant, the defendant shall be all members of the constituency election commission, and if the position of Speaker of the National Assembly becomes vacant, one of the Vice Speakers shall be the defendant. |
| (4) | If an elected person who may be a defendant as provided in paragraphs (1) and (2) resigns or dies, or his election becomes invalidated as provided in Article 192 (2), or his election becomes nullified as provided in paragraph (3) of the same Article, the Minister of Justice shall be the defendant in the case of the presidential election, and the director of the competent high public prosecutor's office shall be the defendant in the case of an election of a National Assembly member, local council member, or head of a local government. |
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| Article 224 (Ruling Invalidity of Election) |
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Even where there is a violation against the provisions concerning the election in an election litigation, the election management commission, the Supreme Court, or the appellate court, upon receiving a petition or complaint, shall decide or rule the whole or partial invalidation of the election, or the invalidation of the election win only when it is deemed to have had a substantial effect on the result of election.
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| Article 225 (Settlement of Lawsuit) |
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Any petition or lawsuit on an election shall be decided or judged promptly in preference to other litigations, and in a lawsuit, the court which has accepted it shall settle it within 180 days after it is filed.
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| Article 226 (Notification of Lawsuit) |
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| (1) | When a petition is raised, or is no more pending, or is decided, as provided in this Chapter, the National Election Commission or City/Do election commission shall notify the local government, the local council and the competent constituency election commission thereof. |
| (2) | When a petition is raised, is no more pending, or a judgment on it becomes final, as provided in this Chapter, the Chief Justice of the Supreme Court or the president of the high court shall notify the fact thereof to the National Assembly, National Election Commission, and competent constituency election commission, in the case of the presidential election and election of a National Assembly member, and to the local government concerned, local council, and competent constituency election commission, in the case of an election of a local council member and head of a local government. |
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| Article 227 (Application of Administrative Litigation Act) |
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Except as prescribed by this Act, the provisions of Articles 8 (2) and 26 of the Administrative Litigation Act shall apply mutatis mutandis to the lawsuit against an election: Provided, That the provisions of Articles 145, 147 (2), 149, 150 (1), 220, 225, 226, 227, 228, 229, 230, 231, 232, 284 (1), 285, and 288 of the Civil Procedure Act, which are applicable mutatis mutandis under Article 8 (2) of the Administrative Litigation Act, shall be excluded. <Amended by Act No. 6626, Jan. 26, 2002; Act No. 7681, Aug. 4, 2005>
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| Article 228 (Examining Evidences) |
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| (1) | Any political party (limited to the party which has recommended a candidate) or candidate may file a request for preservation of the ballot boxes, ballot papers, voting record with the district court or its branch court having jurisdiction over the area, for the purpose of preserving the evidence when an election litigation is raised after the ballot counting is closed. |
| (2) | The judge, upon receiving a request as provided in paragraph (1), shall visit the spot to prepare a protocol and take a proper measure for preservation: Provided, That if it is required for the examination of the petition, the National Election Commission or City/Do election commission may verify things subject to the preservation of evidence in the presence of the judge concerned, at a request of the person requesting the preservation of evidence. |
| (3) | If no petition as provided in Article 219 is raised, or no lawsuit as provided in Articles 222 and 223 is filed, the disposition as provided in paragraph (2) shall become invalidated. |
| (4) | In a lawsuit on an election, the Supreme Court and the appellate court may commit the examination of evidence to another appellate court, district court, or its branch court. |
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| Article 229 (Special Cases on Attaching Stamps) |
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In a lawsuit on an election, the stamp to be attached on the documents of the lawsuit shall be ten times the amount as prescribed by the Act on the Stamps Attached for Civil Litigation, etc., notwithstanding the provisions of the same Act. <Amended by Act No. 7681, Aug. 4, 2005>
CHAPTER XVI PENAL PROVISIONS
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| Article 230 (Corrupt Practices and Inducement by Interest) |
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| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won: <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 1. | A person who offers, manifests an intention to offer, or promises to offer money, goods, transportation, banquet, other property interest, or public or private post to any elector (including an elector who is eligible to enter the electoral register before it is made; hereafter, the same shall apply in this Chapter), or election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker [including a speechmaker who gives a speech or interview as provided in Article 79 (1), and the one who gives a speech or debates as provided in Articles 81 (1) and 82 (1); hereafter, the same shall apply in this Chapter], or witness (referring to a voting witness, absentee voting witness and ballot-counting witness; hereafter, the same shall apply in this Chapter) of another political party or candidate (including a preliminary candidate), with the intention of making another person cast his vote or not cast his vote, or making himself elected or making another person elected or not elected; |
| 2. | A person who offers, manifests an intention to offer, or promises to offer any economic interests such as money and goods to a school and other public institutions, social group, religious group, labor organization, youth organization, women's organization, association for old people, veterans association, or clan association, or other institutions, organizations or facilities, with the intention of utilizing them for an election campaign; |
| 3. | A person who offers, manifests an intention to offer, or promises to offer money, goods, drink, food, or other economic interest to a picnic group, alumni meeting, social gathering, native folks society, fraternity group, or other meeting or event of electors, with the intention of utilizing them for an election campaign; |
| 4. | A person who offers, manifests an intention to offer, or promises to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowance and actual expenses, other compensation for volunteers, in violation of Article 135 (3); and |
| 5. | A person who receives any interest or position as provided in subparagraphs 1 through 4, or accepts the manifestation of an intention of offering it. |
| (2) | If a political party, candidate (including a candidate who wishes to be a candidate), his family, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, or company having a relation with a candidate or his family as provided in Article 114 (2) commits any violation as provided in the subparagraphs of paragraph (1), he shall be punished by imprisonment for not more than seven years or a fine not exceeding 15 million won. |
| (3) | Any person who instructs, solicits, demands, or mediates any act as provided in any of subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for not more than seven years or a fine not exceeding 15 million won. |
| (4) | Any person who carries money in a manner that it may be ready to be distributed to many electors during the election campaign period, such as packed gift and enveloped money, with the intention of making himself elected, or making another person elected or not elected shall be punished by imprisonment for not more than five years or a fine of 10 million won. |
| (5) | If members or employees (including officials in charge of voting management; hereafter in this Chapter the same shall apply) of the election commission or a public official or police officer (including a judicial police officer and military judicial police officer) related to the election affairs commits or has another person commit any act as provided in any of the subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for not more than seven years. <Amended by Act No. 7681, Aug. 4, 2005> |
| (6) | Any person who falls under any of the following subparagraphs in connection with the intra-party competition shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 6 million won: <Added by Act No. 7681, Aug. 4, 2005> |
| 1. | A person who violates the provisions of Article 57-5 (1) or (2); |
| 2. | A person who offers, expresses his intention of offering or promises offering money, goods, entertainment, property interest and public and private post to any competitor, any person involved in the competition campaign, any competition elector or any witness for the purpose of getting him to be elected as a candidate, having any person elected as a candidate or preventing any person from being elected as a candidate or getting any competition elector (referring to the person who is listed on the roll of electors for the intra-party competition) to vote for him or preventing any competition elector from voting for any other person; and |
| 3. | A person who accepts or expresses his intention to accept the offering of the interest and the post referred to in the provisions of Article 57-5 (1) or (2). |
| (7) | Any person who instructs, solicits, demands or mediates the acts referred to in the provisions of paragraph (6) 2 and 3 or any person who violates the provisions of Article 57-5 (3) shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 231 (Corrupt Practices and Inducement by Interest for Economic Benefits) |
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| (1) | Any person who commits any act provided for in any of the subparagraphs of Article 230 (1) toward an elector, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker or witness, on behalf of a political party or candidate (including a candidate who wishes to be a candidate), with the intention of gaining or making another person gain economic benefits shall be punished by imprisonment for not more than seven years or a fine of not less than 3 million and not more than 20 million won. |
| (2) | Any person who instructs, solicits, demands, or mediates any act provided for in paragraph (1) shall be punished by imprisonment for not more than 10 years or a fine of not less than 5 million and not more than 30 million won. |
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| Article 232 (Corrupt Practices and Inducement by Interest toward Candidates) |
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| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than seven years or a fine of not less than 5 million and not more than 30 million won: |
| 1. | A person who commits an act as provided in Article 230 (1) 1 against a person who wishes to be a candidate or a candidate, or a person who receives such benefit or position or accepts a manifestation of an intention of such offer, with the intention of making another person not to be a candidate or making another person who is a candidate resign; and |
| 2. | A person who commits any act as provided in Article 230 (1) 1 against a person who wishes to be or was a candidate with the intention of gaining compensation for giving up being a candidate or resigning, or who receives such benefit or position or accepts a manifestation of an intention of such offer. |
| (2) | Any person who instructs, solicits, demands, or mediates any act as provided in subparagraphs of paragraph (1) shall be punished by imprisonment for not more than 10 years or a fine of not less than 5 million and not more than 30 million won. |
| (3) | If a member or employee of the election commission, or public official or police officer (including a judicial police officer and military judicial police officer) related to election affairs commits any act as provided in the subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for not more than 10 years. |
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| Article 233 (Corrupt Practices and Inducement by Interest toward Elected Persons) |
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| (1) | A person who falls under any of the following subparagraphs shall be punished by imprisonment for not less than one year and not more than 10 years: <Amended by Act No. 6265, Feb. 16, 2000> |
| 1. | A person who offers, manifests an intention to offer, or promises to offer money, goods, transportation, banquet, other property interest, or public or private office to an elected person with the intention of making him resign from his election; and |
| 2. | A person who receives any benefit or position as provided in subparagraph 1 or accepts a manifestation of an intention of offering such benefit. |
| (2) | Any person who instructs, solicits, demands, or mediates any act as provided in any of subparagraphs of paragraph (1) shall be punished by imprisonment for not less than one year and not more than 10 years. |
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| Article 234 (Inducement for Invalidating Election) |
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Any person who induces or provokes a person as provided in Article 263 or 265 to commit any act as provided in Articles 230 (1) through (5), 231 through 233, 257 (1) or 258 (1), with the intention of invalidating the election of a candidate by making him fall into Article 263 or 265 shall be punished by imprisonment for not less than one year and not more than 10 years. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 235 (Corrupt Practices for Unlawful Use of Broadcasts or Newspapers) |
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| (1) | Any person who violates the provisions of Article 97 (1) and (3) shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won. |
| (2) | Any person who violates the provision of Article 97 (2) shall be punished by imprisonment for not more than seven years or a fine not exceeding 20 million won. |
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| Article 236 (Confiscation of Benefits from Corrupt Practices and Inducement by Interest) |
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Any benefits received by a person who has committed a crime as provided in Articles 230 through 235 shall be confiscated: Provided, That if it is impossible to confiscate the whole or part of such benefits, the value thereof shall be collected.
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| Article 237 (Interference with Freedom of Election) |
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| (1) | Any person who falls under any of the following subparagraphs with respect to an election shall be punished by imprisonment for not more than 10 years or a fine of not less than 5 million won and not more than 30 million won: |
| 1. | A person who assaults, threatens, or lures, or unlawfully arrests or detains an elector, candidate, person who wishes to be a candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, or elected person, or seizes things to be used for the election campaign as prescribed in this Act; |
| 2. | A person who interferes with a rally, election campaign speech, or traffic, or with the freedom of the election by a deceptive scheme or in a deceitful or unlawful way; and |
| 3. | A person who compels another person who is under his protection, direction or supervision due to business, employment, or other relation, to support, recommend or oppose to a certain political party or candidate. |
| (2) | A public prosecutor or police officer (including a judicial police officer), if committing or making another person commit any act as provided in the subparagraphs of paragraph (1), shall be punished by imprisonment of not less than one year and not more than 10 years and a suspension of qualification for not more than five years. |
| (3) | Any person who throws any dangerous thing at the place for a speech and interview, or the place for an interview and debate meeting as prescribed by this Act, or a person who assaults a candidate or speechmaker shall be punished as provided in the following subparagraphs: <Amended by Act No. 7189, Mar. 12, 2004> |
| 1. | The prime mover shall be punished by imprisonment for a limited term for not less than five years; |
| 2. | A person who directs another person or leads other persons shall be punished by imprisonment of not less than three years; and |
| 3. | Any person who acts in line with the opinions of other persons shall be punished by imprisonment for not more than seven years. |
| (4) | Where the crime as provided in paragraphs (1) through (3) is committed, the things carried to be used for the crime shall be confiscated. |
| (5) | Any person who falls under any of the following subparagraphs in connection with the intra-party competition shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won: <Added by Act No. 7681, Aug. 4, 2005> |
| 1. | A person who assaults, blackmails, seduces, arrests or detains any competition candidate (including any person who intends to become a competition candidate) or any person who is elected as a candidate; |
| 2. | A person who obstructs the competition campaign or traffic and impedes the freedom of the intra-party competition by means of deception, trick or illegality; and |
| 3. | A person who coerces persons under his protection, command and supervision on the grounds of business, employment and other relationship to support, recommend or oppose any specific competition candidate. |
| (6) | Any person who throws dangerous objects at any facility and any place in which many persons are waging their competition campaign in connection with the intra-party competition or assaults any competition candidate shall be punished according to the classification falling under any of the following subparagraphs: <Added by Act No. 7681, Aug. 4, 2005> |
| 1. | The prime mover shall be punished by imprisonment for a limited term for not less than 3 years; |
| 2. | A person who commands other persons or acts taking the lead of other persons shall be punished by imprisonment for not more than 7 years; and |
| 3. | A person who acts in line with the opinions of other persons shall be punished by imprisonment for not more than 2 years. |
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| Article 238 (Interference with Freedom of Election by Military Personnel) |
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If a military serviceman (including a civilian belonging to the military investigation agency) commits any act as provided in the subparagraphs of Article 237 (1), or interferes with or makes another person interfere with the exercise of a voting franchise of any military serviceman or civilian under his influence, by assault, threat, or another way, to make a certain candidate elected or not to be elected, he shall be punished by imprisonment of not less than one year and not more than 10 years and a suspension of qualification for not more than five years.
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| Article 239 (Interference with Freedom of Election by Abuse of Authority) |
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Where a member or employee of the election commission, public official engaged in the election affairs, person or police officer (including a judicial police officer and military judicial police officer) related to the preparation of the electoral register commits or makes another person commit any one of the following acts abusing his authority in connection with the election, shall be punished by imprisonment for not more than seven years: <Amended by Act No. 7681, Aug. 4, 2005>
| 1. | Where he interferes with or abandons his duties on, the perusal of the electoral register; and |
| 2. | Where he shadows a candidate without a justifiable reason, or enter the candidate's house, election campaign office or election campaign liaison office without consent, or does not comply with a demand to leave. |
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| Article 240 (Interference with Posters and Other Propaganda Facilities) |
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| (1) | Any person who interferes with preparing, posting, pasting or installing a poster, placard, and other propaganda facilities as prescribed by this Act, or damages or removes it, without a justifiable reason, shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won. |
| (2) | A member or employee of an election commission, or a public official or police officer (including a judicial police officer and military judicial police officer) related to election affairs, if committing or making another person commit the acts as provided in paragraph (1), shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. |
| (3) | A member or employee of an election commission, or a person who is engaged in the election affairs, if unlawfully preparing, pasting, sending posters provided for in Article 64, election campaign bulletins provided for in Article 65 or voting guidance leaflet provided for in Article 153, or failing to carry out the duties thereof without a justifiable reason, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 241 (Infringement on Secrecy of Voting) |
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| (1) | Any person who infringes on the secrecy of the voting, or demands any elector to indicate the political party or candidate which the elector wishes to vote for or has voted for, before the voting is closed on the election day, or asks any question in order to anticipate the result of voting, within 100 meters from the polling station, or publishes the details and result thereof before the voting is closed, in contravention of the provisions of Article 167, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (2) | A member or employee of an election commission, public official related to election affairs, public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency) if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment for not more than five years. |
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| Article 242 (Interference with and Intervention in Voting or Ballot Counting) |
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| (1) | Any person who makes another person leave, or takes over, the identification card required for voting as prescribed by Act, or who intervenes in the voting or ballot counting at a polling station (including an absentee polling station; hereinafter, the same shall apply in this Chapter) or ballot-counting place without a justifiable reason, or who performs any act that may influence the voting or ballot counting such as soliciting the elector to cast his vote for a specific political party or candidate, disclosing or making another person disclose the vote at the polling station, with the intention of interfering with the voting, shall be punished by imprisonment for not more than three years. <Amended by Act No. 6265, Feb. 16, 2000> |
| (2) | Any person who destroys or damages any communication facilities installed by a ballot-counting witness as provided in Article 181 at a ballot-counting place shall be punished by imprisonment for not more than five years. |
| (3) | A public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency), if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment of not less than one year and not more than 10 years. |
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| Article 243 (Crimes concerning Ballot Boxes) |
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| (1) | Any person who opens a ballot box, or removes, destroys, damages, conceals, or seizes a ballot box (including an empty ballot box) or ballot papers contained therein, in contravention of the Acts and subordinate statutes, shall be punished by imprisonment of not less than one year and not more than 10 years. |
| (2) | The public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency), if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment of not less than two years and not more than 10 years. |
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| Article 244 (Assault or Disturbance against Those Engaged in or Facilities Related to Election Affairs Management) |
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| (1) | Any person who assaults, threatens, or lures, or unlawfully arrests or detains a member or employee of the election commission, a member of a supervisory group of vote rigging, a member of a cyber supervisory group of vote rigging, a voting clerk, absentee voting clerk, and ballotcounting clerk, a witness and other persons engaged in the election affairs, or disturbs the polling station, ballotcounting place, or the election commission office, using violence or threats, or conceals, destroys, damages, or seizes the facilities, installations, equipments, documents, seals related with the election management and supervisory affairs, such as the ballot paper, ballot, balloting aid, computer system, or a electoral register (including a electoral register for reported absentees), shall be punished by imprisonment of not less than one year and not more than 10 years or a fine of not less than 5 million won and not more than 30 million won. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | Any person who commits the acts provided for in paragraph (1) in the intra-party competition that is commissioned pursuant to the provisions of Article 57-4 shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 245 (Carrying Weapons at Polling Station) |
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| (1) | Any person who enters a polling station or ballot-counting place or an election commission office carrying arms, weapon, explosive, or something else capable of killing or wounding a human being shall be punished by imprisonment for not more than seven years. |
| (2) | Any person who enters the place for a speech and interview, or the place for an interview and debate meeting as prescribed in this Act, carrying the things as provided in paragraph (1), without a justifiable reason, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. <Amended by Act No. 7189, Mar. 12, 2004> |
| (3) | Where a crime as provided in paragraph (1) or (2) is committed, any thing that may kill or wound a human being, such as a weapon, and which he carries with himself shall be confiscated. |
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| Article 246 (Interference with Election by Many Persons) |
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| (1) | Many persons, if assembling to commit the act as provided in Articles 243 through 245, shall be punished as follows: |
| 1. | The prime mover shall be punished by imprisonment for not less than three years; |
| 2. | Any person who directs or leads other persons shall be punished by imprisonment for not less than 2 years and not more than 10 years; and |
| 3. | Any person who blindly follows other persons shall be punished by imprisonment for not more than five years. |
| (2) | If a group of persons who assemble to commit an act as provided in Articles 243 through 245 fails to break up even when the public official concerned has ordered them to break up three or more times, their leader shall be punished by imprisonment for not more than five years, and other persons by imprisonment for not more than one year or a fine not exceeding 2 million won. |
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| Article 247 (Deceptive Entry and Sealing) |
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| (1) | Any person who is listed in the electoral register (including the electoral register for reported absentees; hereafter, the same shall apply in this Article) in a deceitful way, who submits a false absentee report, or who makes a false report on the resident registration with the intention of casting the vote at a specific election district, from 180 days before the record date for the preparation of the electoral register to the day when the preparation of the electoral register is completed, or who affixes a false signature, seal or thumb impression in the case as provided in Article 157 (1), shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | A member or employee of an election commission, public official who is engaged in election affairs, or a person related to the preparation of a electoral register, if failing to list an elector in the electoral register on purpose, or entering or making another person enter a false fact, shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won. |
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| Article 248 (Deceptive Voting) |
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| (1) | Any person who assumes a false name, uses an altered or forged identification card, casts or makes another person cast a vote or attempts to cast a vote in a deceptive way, shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won. |
| (2) | A member or employee of an election commission, or public official related to election affairs (including a voting clerk, absentee voting clerk, and ballot-counting clerk), if committing or making another person commit the act as provided in paragraph (1), shall be punished by imprisonment for not more than seven years. |
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| Article 249 (Forgery, or Increasing or Decreasing Votes) |
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| (1) | Any person who forges, or increases or decreases the number of votes, shall be punished by imprisonment for not more than seven years. |
| (2) | A member or employee of an election commission, public official (including a voting clerk, absentee voting clerk and ballot-counting clerk) related to election affairs, or person who is engaged in such affairs, if committing the act as provided in paragraph (1), shall be punished by imprisonment for not less than 3 years and not more than 10 years. |
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| Article 250 (Publication of False Facts) |
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| (1) | Any person who publishes or makes another person publish the false facts (where academic background is entered, the case where it is not entered by means as referred to in Article 64 (1) shall be included) on the birthplace, status, occupation, career, etc., property, personality, behavior of a candidate, his spouse, lineal ascendants or descendants, or siblings, or on organizations to which they belong by means of a speech, broadcast, newspaper, wire service, magazine, poster, propaganda document or others, so as to be favorable to the candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article), with the intention of getting elected or getting another person elected, or persons who possess a propaganda document in which a false fact is entered with the intention of distributing it, shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (2) | Any person who publishes or makes another person publish any false facts on a candidate, his spouse, lineal ascendants or descendants, or siblings, so as to be unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of stopping the candidate from being elected, or persons who possess a propaganda document in which a false fact is entered with the intention of distributing it, shall be punished by imprisonment for not more than seven years or a fine of not less than 5 million won and not more than 30 million won. <Amended by Act No. 5262, Jan. 13, 1997> |
| (3) | Any person who commits the acts provided for in paragraph (1) (excluding the case of failure to enter the academic background in a manner provided for in Article 64 (1)) in connection with the intra-party competition shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 6 million won and any person who commits the acts provided for in paragraph (2) shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 10 million won. In this case, the "candidate" or the "candidate (including anyone who intends to become the candidate" shall be deemed "the candidate for competition". <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 251 (Slanders against Candidates) |
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Any person who slanders a candidate (including a person who wishes to be a candidate), his spouse, lineal ascendants or descendants, siblings by pointing out any fact openly through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected, or getting another person to be or not to be elected, shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won: Provided, That where it is a true fact and concerns a public interest, he shall not be punished.
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| Article 252 (Unlawful Use of Broadcasts or Newspapers) |
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| (1) | Any person who violates the provisions of Article 82-7 (5), 94, 95 (1), 96, 98 or 99 shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | Any person who violates the provisions of Article 71 (12) (including a case which applies mutatis mutandis in Articles 72 (4), 73 (4), 74 (2), 81 (8), 82 (4), and 137-2 (6)) and the latter part of Article 82-2 (13) [including a case where applied mutatis mutandis in Article 82-3 (2)], shall be punished by imprisonment for not more than two years or by a fine not exceeding 4 million won. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 253 (False Indication of Names) |
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Any person who communicates by means of mail, telegram, telephone, or other ways of telecommunication, with a name, denomination, or status contrary to the truth, with the intention of getting elected or getting another person to be or not to be elected, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won.
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| Article 254 (Violation of Election Campaign Period) |
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| (1) | Any person who carries out an election campaign till the last minutes of the voting hour on election day shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. |
| (2) | Except as prescribed otherwise by this Act, a person who commits an act falling under any of the following subparagraphs prior to an election campaign period shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: |
| 1. | A person who carries out or makes another person carry out an election campaign using a poster, placard, advertising balloon, signboard, advertising tower, announcement board, and regardless of the pretext, propaganda facilities or aids, various printed matter, or others; |
| 2. | A person who carries out or makes another person carry out an election campaign by means of a broadcast, newspaper, wire service, magazine, or other publications; |
| 3. | A person who carries out or makes another person carry out an election campaign by holding a campaign meeting, symposium, debate, native folks meeting, alumni meeting, neighbors' meeting, or other meetings; |
| 4. | A person who carries out or makes another person carry out an election campaign by establishing an organization or forming a private organization for the election campaign; and |
| 5. | A person who carries out or makes another person carry out an election campaign through a door-to-door visit. |
| (3) | Any person who carries out or makes another person carry out an election campaign prior to the election campaign period, by means other than those as prescribed in paragraph (2), shall be punished by imprisonment for not more than one year or a fine not exceeding 2 million won. |
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| Article 255 (Unlawful Election Campaign) |
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| (1) | Any person who falls under any one of the following subparagraphs shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who carries out or makes another person carry out an election campaign in contravention of the provisions of Article 60 (1), or who becomes or makes another person become an election campaign manager in contravention of the provisions of paragraph (2) of the same Article or Article 205 (4); |
| 2. | A person who establishes an election campaign organization, or carries out an election campaign after establishing such organization, in contravention of the provisions of Article 61 (1); |
| 3. | A person who appoints an election campaign manager, chief of an election campaign liaison office, or election campaign worker, in contravention of the provisions of Article 62 (1) through (3); |
3-2. A person who wears the shoulder belts or makes others wear them for the election campaigns, in contravention of the provisions of Article 68 (2); | 4. | and 5. Deleted; <by Act No. 7189, Mar. 12, 2004> |
| 6. | A person who conducts an election campaign speech or debate in contravention of the provisions of Article 80; |
| 7. | A person who holds an election campaign interview or debate meeting by inviting a candidate in contravention of the provisions of Article 81 (1); |
| 8. | A person who holds an election campaign interview or debate meeting in contravention of the provisions of Article 81 (7) (including a case where applied mutatis mutandis in Article 82 (4)); |
| 9. | A person who commits or makes another person commit an act contrary to the provisions of Article 85 (2) or (3); |
| 10. | A person who commits or makes another person commit an act contrary to the provisions of Article 86 (1) 1 through 4, (2), (3) or (5), or a person who commits an act contrary to the provisions of paragraph (6) of the same Article; |
| 11. | A person who conducts or makes others conduct election campaigns in contravention of the provisions of Article 87 (1), or who establishes or forms private organizations or other associations or makes others do so in contravention of paragraph (2) of the same Article; |
| 12. | A person who carries out an election campaign for another political party or candidate, in contravention of the provisions of the text of Article 88; |
| 13. | A person who establishes or forms a similar organization, or uses existing institutions, associations, organizations, or facilities in contravention of the provisions of the text of Article 89 (1); |
| 14. | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| 15. | A person who distributes, performs, plays, shows or posts, or makes another person do, any literary work, entertainment, drama, cinema or photograph, in contravention of the provisions of Article 92; |
| 16. | A person who commits or makes another person commit an act of marching along the streets in a group, saluting, or shouting repeatedly, in contravention of the provisions of Article 105 (1), or a person who performs election campaign, wearing a cap or clothes in the same shape or color or carrying other symbols, or who has other persons do so, in contravention of the provisions of paragraph (2) of the same Article; |
| 17. | A person who makes a house-to-house canvass or makes another person do so, in contravention of the provisions of Article 106 (1) or (3); |
| 18. | A person who obtains or makes another person obtain any signature or seal impression, in contravention of the provisions of Article 107; and |
| 19. | A person who carries out or makes another person carry out an election campaign using letters, telegrams, facsimile, telephone, or other method of a telecommunication in contravention of the provisions of the main sentence of Article 109 (1) or paragraph (2) of the same Article, or who threatens or makes another person threaten in contravention of the provisions of paragraph (3) of the same Article. |
| (2) | Any person who falls under any one of the following subparagraphs shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who prepares and uses, or makes another person prepare and use any poster, election campaign bulletin for an election campaign in contravention of the provisions of Article 64 (1) and (8) or 65 (1) and (2); |
| 2. | A person who fails to enter the part or whole of the open data on candidates in election campaign bulletins in violation of the provisions of Article 65 (7); |
| 3. | A person who wages the competition campaign in violation of the provisions of Article 57-3 (1); |
| 4. | A person who carries out or makes another person carry out an election campaign using any loudspeaker system or motor vehicle, in contravention of the provisions of Article 91 (1) and (3), or 216 (1); |
| 5. | A person who distributes, pastes, scatters, posts, plays, any writing, book, picture or makes another person do so, in contravention of the provisions of Article 93 (1), who makes or has another person make an advertisement or appearance, in contravention of the provisions of paragraph (2) of the same Article, or who issues, distributes or demands any identification card, document or other printed materials, or makes another person do so, in contravention of the provisions of paragraph (3); |
| 6. | A person who carries out or makes another person carry out an election campaign using any recorder or video recorder, in contravention of the provisions of Article 100; |
| 7. | Deleted; and <by Act No. 5127, Dec. 30, 1995> |
| 8. | A person who makes an advertisement or makes requests for putting an advertisement in noncompliance with a requirement to suspend an advertisement as referred to in Article 271-2 (1). |
| (3) | Any person who carries out or makes another person carry out an election campaign in contravention of the provisions of Article 85 (1) shall be punished by imprisonment for not more than five years. |
| (4) | Any person who transmits the election campaign information in contravention of the provisions of Article 82-5 (1), who fails to specify the matters, etc. corresponding to the election campaign information in the election campaign information or specifies it falsely in contravention of the provisions of paragraph (2) of the same Article, who transmits the election campaign information without obtaining a consent of the receiver in contravention of the provisions of paragraph (3) of the same Article, who takes the technical measures in contravention of the provisions of paragraph (4) of the same Article, who makes the receiver bear the expenses in contravention of the provisions of paragraph (5) of the same Article, and who transmits the election campaign information in contravention of the provisions of paragraph (6) of the same Article, shall be punished by imprisonment for not more than one year or a fine not exceeding one million won. <Added by Act No. 7189, Mar. 12, 2004> |
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| Article 256 (Violation of Various Restrictive Provisions) |
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| (1) | Any person who holds or makes another person hold an assembly in contravention of the provisions of Article 103 (1) or (2) shall be punished by imprisonment for not more than three years or by a fine not exceeding 6 million won. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | Any person who falls under any one of the following subparagraphs shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who falls under any one of the following items in connection with an election campaign: |
| (a) | A person who hangs a banner in contravention of the provisions of Article 67; |
| (b) | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| (c) | A person who broadcasts music including contents other than the contents in which a political party or candidate is publicized, or makes broadcast or plays films on contents other than the content regarding the platform or policy of a political party to which a candidate belongs, his personal histories, political views or activities according to Article 79 (10); |
| (d) | A person who professes to be supported or recommended by a specific political party in contravention of the provisions of Article 84; |
| (e) | A person who fails to perform requests made by election commission of each level in contravention of Article 82-4 (4); |
| (f) | A person who commits or makes another person commit an act contrary to the provisions of Article 86 (1) 5 through 7; |
| (g) | A person who commits or makes another person commit an act or propaganda activity having any influence on the election, in contravention of the provisions of Article 89 (2); |
| (h) | A person who installs, displays, post, or distributes any propaganda materials, or makes another person do so, or makes and sells any symbol, or makes another person do so, in contravention of the provisions of Article 90; |
| (i) | A person who holds, or makes another person hold, other election campaign speech meeting, in contravention of the provisions of Article 101; |
| (j) | A person who holds a speech and interview, or interview and debate meeting by night, in contravention of the provisions of Article 102; |
| (k) | A person who holds or makes another person hold various rallies, in contravention of the provisions of Article 103 (3) through (5); |
| (l) | A person who disturbs the order, or uses or makes another person use torches at the place for a speech and interview in contravention of the provisions of Article 104; |
| (m) | A person who discloses the details and result of a public opinion poll, or makes a report citing them or makes another person do so, in contravention of the provisions of Article 108 (1), or who conducts or makes another person conduct a public opinion poll in contravention of the provisions of paragraph (2) of the same Article, or a person who conducts a public opinion poll or has other persons do so in contravention of paragraph (3) of the same Article, or a person who discloses or makes broadcast on results of public opinion poll, or has other persons do so, or a person who fails to keep all the materials relevant to public opinion poll for the period of six months after the election day in contravention of paragraph (4) of the same Article; and |
| (n) | A person who reports the parliamentary activities from 90 days before the election day to the election day, in contravention of the provisions of the proviso of Article 111 (1); |
| 2. | A person who falls under any one of the following items in connection with the order of an election: and |
| (a) | A person who interferes with, or commits an act of having any influence on, the affairs of preparing the electoral register, in contravention of the provisions of Article 39 (8); |
| (b) | A person who hands over or lends to other persons or uses for the purpose of property interest or profit-making or makes another person do so, a copy of the delivered electoral register, a copy of the electoral register for reported absentees (including the copy of the computerized data) or the roll of householders in contravention of the provisions of Article 46 (4) (including a case where the provisions are mutatis mutandis applied in the provisions of Articles 60-3 (5) and 111 (4)); |
| (c) | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| (d) | A person who becomes or makes another person become a witness in contravention of the provisions of Article 161 (7) [including the case where the provisions are mutatis mutandis applicable in Articles 162 (4) and 181 (11)]; |
| (e) | A person who enters a polling station in contravention of the provisions of Article 163 (1) and (4), or who fails to post a sign, or sticks or wears any indicative object other than the mark, or hands over or concedes or makes another person hand over or concede any mark, in contravention of the provisions of paragraphs (2) through (4) of the same Article; |
| (f) | A person who fails to comply with the order issued as provided in the main sentence of Article 166 (1) and paragraph (5) of the same Article, or who makes any marking contrary to the provisions of paragraphs (3) and (5) of the same Article, or makes another person do so; and |
| (g) | A person who enters a ballot-counting place in contravention of the provisions of Article 183 (1), or who fails to post a mark, or wears or sticks any indicative object other than the mark, or hands over or concedes the mark to another person or makes another person do so, in contravention of the provisions of paragraph (2) of the same Article; |
| 3. | A person who has failed to implement it without delay upon receiving a notification falling under any one of the following items: |
| (a) | Measures for sanctions, etc. as provided in Article 8-2 (5) and (6) (including the case where the provisions are mutatis mutandis applicable in Article 8-3 (6)); |
| (b) | Printing of a letter of apology or a correction report pursuant to Article 8-3 (3); |
| (c) | Decision of a publication of objections pursuant to Article 8-4 (3); and |
| (d) | Measures provided for in the provisions of Article 8-6 (1) or (3) and the decision on the counterargument report provided for in the provisions of paragraph (7) of the same Article; and |
| 4. | A person who has violated the provisions of Article 262-2 (2). |
| (3) | If a political party commits any of the following acts, the party headquarters shall be punished by a fine not exceeding 10 million won, and if an executive officer of the party headquarters or a member of the party commits or makes another person commit any violation, he shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7850, Mar. 2, 2006> |
| 1. | A person who makes any advertisement in a daily newspaper in contravention of the provisions of Article 137; |
| 2. | A person who makes a broadcast speech on the platform and policy in contravention of the provisions of Article 137-2 (1) through (3); |
| 3. | A person who makes and distributes a brochure on the party platform and policy in contravention of the provisions of Article 138 (excluding paragraph (4)); |
| 4. | A person who publishes and distributes the party organ in contravention of the provisions of Article 139 (excluding paragraph (3)); |
| 5. | A person who holds a rally for formation of a political party in contravention of the provisions of Article 140 (1) and (2); |
| 6. | A person who holds a rally of party members in contravention of the provisions of Article 141 (1) and (4) (excluding the case of failing to remove); |
| 7. | and 8. Deleted; <by Act No. 7189, Mar. 12, 2004> |
| 9. | A person who recruits party members or distributes the application forms for joining the political party in contravention of the provisions of Article 144 (1); and |
| 10. | A person who establishes a political party's electoral office in contravention of the provisions of Article 61-2 (1), or who places the head or a salaried clerical staff in contravention of the provisions of paragraph (2) of the same Article. |
| (4) | Any person who falls under any one of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 2 million won: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who obtains or makes another person obtain a recommendation of the elector by a recommendation letter with no seal of approval, or in excess of the maximum number of the recommending electors for an election campaign, in contravention of the provisions of Article 48 (3); |
| 2. | A person who establishes an election campaign office or election campaign liaison office in contravention of the provisions of Article 61 (5) (including the case where applied mutatis mutandis in Article 61-2); |
2-2. A person who fails to comply with the order, even though he was ordered to close down an electoral office under the provisions of Article 61 (7); | 3. | A person who appoints an election campaign manager, chief of the election campaign liaison office or election campaign worker, in contravention of the provisions of paragraph (6), or who recruits the person who is to carry out the election campaign, in violation of paragraph (7) of the same Article; |
| 4. | A person who appoints or makes another person appoint the election campaign workers in excess of two times in contravention of the latter part of Article 63 (1); |
| 5. | A person who prints and supplies posters and election campaign bulletins in excess of the fixed quantity in violation of the provisions of Article 64 (7) (including a case where the provisions are mutatis mutandis applied in Article 65 (9)); |
| 6. | A person who does not violate the provisions concerning the standard and frequency as provided in Article 69 (1) and (2) but makes an advertisement or makes another person do so in contravention of the provisions of paragraphs (4) through (6) of the same Article; |
| 7. | A person who puts the Internet advertisements or get any other person to put such Internet advertisements in violation of the provisions of Article 82-7 (4); |
| 8. | A person who conducts an election campaign speech or interview at an open place in contravention of the provisions of Article 79 (1), (3) through (5), (6) (excluding a case where the sign is not attached), (7) and (9) (excluding a case where the identification card is not carried) or (11); |
| 9. | A person who fails to report the fact that an interview and debate meeting is held, or to post or paste any sign in contravention of the provisions of Article 81 (3) or (4); |
| 10. | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| 11. | A person who violates the provisions of Article 118; or |
| 12. | A person who obstructs entry or fails to comply with the requests for submission of materials, or submits false data, in contravention of Article 272-2 (3). |
| (5) | Deleted. <by Act No. 7189, Mar. 12, 2004> |
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| Article 257 (Violation of Prohibition and Restriction on Contribution Act) |
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| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won: <Amended by Act No. 5149, Feb. 6, 1996; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 2. | A person who violates the provisions of Article 81 (6) [including the case where applied mutatis mutandis in Article 82 (4)]. |
| (2) | Any person who instructs, solicits, mediates, demands, or receives any contribution [excluding any person falling under the provisions of Article 261 (5)] to or from a political party (including a preparatory committee for formation of a new political party), the representative of a political party, the head of a political party's electoral office, a National Assembly member, a local council member, the head of a local government, a candidate (including a candidate who wishes to be a candidate; hereafter, the same shall apply in this Article), his spouse, the candidate's or his spouse's lineal ascendant or descendant, siblings, his or her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer or debater, company which has a relation with the candidate or his family, or its officer or employee, or third person (referring to a counterpart to the act as provided in Article 116), as provided in Article 81 (6), 82 (4), 113, 114 (1) or 115, shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (3) | Any person who violates the provisions of Article 117 shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won. <Added by Act No. 4949, May 10, 1995> |
| (4) | Any benefits received by a person who has committed a crime as provided in paragraphs (1) through (3) shall be confiscated: Provided, That where it is impossible to confiscate the whole or part thereof, its value shall be collected. <Added by Act No. 4949, May 10, 1995> |
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| Article 258 (Unlawful Disbursement of Election Expenses) |
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| (1) | Any person who falls under any one of the following cases shall be punished by imprisonment for not more than five years or a fine not exceeding 20 million won: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | Where a political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs has disbursed the election expenses in excess of 1/200 of the restricted amount of election expenses announced publicly as provided in Article 122; and |
| 2. | Deleted. <by Act No. 7681, Aug. 4, 2005> |
| (2) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
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| Article 259 (Instigation of Election Offense) |
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Any person who instigates another person to commit the crime (excluding any crime that is related with the intra-party competition) provided for in Articles 230 through 235 and 237 by means of a speech, poster, newspaper, or any other means, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 260 (Joint Penal Provisions) |
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If a political party, company, other juristic person, representative of an organization (hereafter in this Article, referred to as the "organization, etc."), his agent, employee, other employed persons or a party member who is an executive of a political party, has committed a crime (excluding any crime that related with the intra-party competition) provided for in this Chapter in connection with the affairs of said organization, etc., not only shall such an actor be punished accordingly, but the said organization shall be punished by a fine as prescribed in the corresponding Article. <Amended by Act No. 7681, Aug. 4, 2005>
[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]
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| Article 261 (Imposition and Collection of Fines for Negligence) |
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| (1) | Any person who fails to take a technical measure in contravention of the provisions of Article 82-6 (1) shall be punished by a fine for negligence not exceeding 10 million won. <Added by Act No. 7189, Mar. 12, 2004> |
| (2) | Any person who commits the acts falling under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who violates the provisions of Articles 70 (3), 71 (10), 72 (3) [including a case where applied mutatis mutandis in Article 74 (2)], 73 (1) (limited to the contents furnished by the competent constituency election commission) and (2), 272-3 (3) or 275; |
| 3. | A person who fails to delete any letter that does not carry the sign of the real name certification data in violation of the provisions of Article 82-6 (6). |
| (3) | Except as otherwise prescribed by this Act, any person who commits any one of the following acts shall be punished by a fine for negligence not exceeding 2 million won: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | A person who neglects the obligation of a report or submission as prescribed by this Act with respect to the election; |
| 2. | A person who falls under any one of the following items: |
| (a) | A person who fails to specify the details of allocation in a report on the establishment of the election campaign office or election campaign liaison office, in contravention of the provisions of Article 205 (3); |
| (b) | A person who fails to specify the details of allocation in a report on the appointment of the election campaign manager, chief of an election campaign liaison office, and election campaign worker, in contravention of the provisions of Article 205 (3); |
| (c) | A person who fails to report in writing the details of allocation at the time he submits election campaign bulletins in contravention of the provisions of the latter part of Article 207 (3); |
| (d) | A person who fails to specify the details of allocation in the advertisement contract, in contravention of the provisions of the latter part of Article 69 (3) and the latter part of Article 82-7 (3); |
| (e) | Deleted; <by Act No. 7189, Mar. 12, 2004> |
| (f) | A person who fails to attach an identification card in contravention of the provisions of Article 79 (9); and |
| (g) | A person who fails to comply with a demand for cooperations without any justifiable ground in contravention of the provisions of Article 147 (3) [including a case where the provisions are mutatis mutandis applicable in Articles 148 (6) and 173 (3)]; |
| 3. | Deleted; <by Act No. 7681, Aug. 4, 2005> |
| 4. | A person who damages or stains the ballot paper model posted as provided in Article 152 (1); |
| 5. | A person who commits a vicarious execution, which is minor, as provided in Article 271 (1). In this case, if a fine for negligence is not imposed, the complaint shall be filed against him to the competent criminal investigation agency, or request it to investigate the matter; and |
| 6. | A person who fails to remove any propaganda materials in contravention of Article 276. |
| (4) | A person who commits any act falling under any one of the following subparagraphs shall be punished by a fine for negligence not exceeding 1 million won: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| 1. | The witness appointed by the election commission as provided in the proviso of Articles 161 (3), 162 (3), or 181 (3) who refuses or idles the witness without justifiable reasons; |
| 2. | A person who falls under any of the following items: |
| (a) | A person who installs or posts, or makes another person install or post, a signboard, tablet or placard in the election campaign office or election campaign liaison office in contravention of the provisions of Article 61 (6); |
| (b) | A person who installs or posts a signboard, tablet or placard at a political party's electoral office, or makes another do so, in contravention of the provisions of Article 61-2 (4); |
| (c) | A person who performs, or makes another person perform, an election campaign without wearing the identification card in contravention of the provisions of Article 63 (2); |
| (d) | A person who makes a campaign speech or interview without marking his motor vehicle and loudspeaker system in contravention of the provisions of Article 79 (6), or who violates the provisions of paragraph (8) of the same Article; |
| (e) | A person who operates, or makes another person operate, a motor vehicle or ship without attaching the marks in contravention of the provisions of Article 91 (4); and |
| (f) | A person who has been commissioned as a voting clerk, absentee voting clerk, or ballot-counting assistant under the provisions of Article 147 (9), 148 (5) or 174 (2), refuses, abandons or neglects a performance of his duties without any justifiable ground; |
| 3. | A person who posts the notification posters and marks, or fails to remove them without delay upon the completion of a briefing session of his parliamentary activities, in contravention of the provisions of Article 111 (2); |
| 4. | A person who falls under any one of the following items: |
| (a) | A person who fails to submit the brochure on platform and policies in contravention of the provisions of Article 138 (4); |
| (b) | A person who fails to submit the party organ in contravention of the provisions of Article 139 (3); |
| (c) | A person who fails to remove without delay the signs for public announcement of the rally for formation of a political party in contravention of the provisions of Article 140 (4); |
| (d) | A person who holds a party members' rally at a place which is not one as referred to in Article 141 (2), or who fails to remove without delay the signs announcing the party members' rally, in contravention of the provisions of paragraph (4) of the same Article; |
| (e) | and (f) Deleted; and <by Act No. 7189, Mar. 12, 2004> |
| (g) | A person who installs or posts the propaganda materials at the headquarters of a political party or the offices of the election countermeasure organization and the supporters' association in contravention of the provisions of Article 145; |
| 5. | A person who fails to submit the periodicals in contravention of the provisions of Article 8-3 (4) without any justifiable reasons; and |
| 6. | A person who fails to comply with a request for attendance under Article 272-2 (4) without any justifiable reasons. |
| (5) | A person who falls under any of the following subparagraphs by violating the provisions of Article 116 shall be punished by the fine for negligence equivalent to 50 times (two million won in the case of officiators) of the amount, or the values of foods or goods given to him, and its upper limit shall be 50 million won: <Added by Act No. 7189, Mar. 12, 2004> |
| 1. | A person who receives goods, foods, books, sight-seeing and other traffic conveniences; |
| 2. | A person who receives money, goods, foods as a price for joining a political party; |
| 3. | A person who receives money, goods or foods as a price for attending a party in honour of book publication, briefing session on parliamentary activities, speech or interview at open place, interview or debates meeting, and other meetings or assemblies which are held by a political party or a candidate (including the person intending to become a candidate) or wherein the representative of a political party, head of a political party's electoral office, or a candidate has attended; |
| 4. | A person who receives money, goods or foods from persons as referred to in Article 113 at various events, such as a picnic party, tourist gathering, athletic meeting, mountain climbing party etc.; |
| 5. | A person who receives from persons as referred to in Article 113 the money or goods for congratulations or condolences at a ceremony of coming-of-age, marriage, funeral and ancestral worship and other congratulations or condolences; and |
| 6. | A person who receives from persons as referred to in Article 113 the acts of officiating. |
| (6) | The fine for negligence shall be imposed by the relevant election commission (hereafter in this Article, referred to as the "imposing authority") under the conditions as prescribed by the National Election Commission Regulations. In this case, if the person subject to the disposition of the fine for negligence as referred to in paragraphs (1) through (4) is a political party, candidate, his family, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, or election campaign speechmaker, the said fine for negligence shall be paid to the State or local government by deducting the amount from the deposit money of a relevant candidate, and with regard to other persons and the person subject to the disposition of the fine for negligence as referred to in the provisions of paragraph (5), the offender shall be made to pay it, and if it is not paid within the payment term, the collection thereof shall be entrusted to the chief of the competent tax office, and the said chief shall collect it by referring to the practices of dispositions on default of national taxes, and pay it to the State or local government. <Amended by Act No. 7189, Mar. 12, 2004> |
| (7) | Any person who is dissatisfied with the disposition of the fine for negligence as provided in paragraph (6) may raise an objection to the imposing authority, within 20 days after he is notified of such disposition. <Amended by Act No. 7189, Mar. 12, 2004> |
| (8) | The imposing authority shall, in case where the person who is subject to the disposition of the fine for negligence as provided in paragraph (6) raises an objection as provided in paragraph (7), immediately notify the fact thereof to the competent court, which, upon receiving such notification, shall bring the case of the fine for negligence to a trial as prescribed by the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (9) | The institution of an objection or proceeding of a trial as provided in paragraph (7) or (8) shall not affect the validity, execution, or proceeding of the disposition of the fine for negligence. <Amended by Act No. 7189, Mar. 12, 2004> |
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| Article 262 (Special Cases concerning Persons Who Voluntarily Surrender to Police) |
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| (1) | From among those who have violated the provisions of Article 230 (1), 231 (1) or 257 (2), in case where those who receive or consent to receive money, goods, or other benefits (excluding a candidate, his family, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, witness, party executive staff, or person who has received or consented to receive any benefits in a deceitful way), voluntarily surrenders to the police, they shall be mitigated or exempted from punishment. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000> |
| (2) | In case where those as provided in paragraph (1) report on their own offenses against the election to the election commission of each level (excluding the Eup/Myeon/Dong election commission) and the relevant commission notifies it to the related investigation agency, the time when such a report is made to the said commission shall be deemed as the time of voluntary surrender. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
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| Article 262-2 (Protection of Reporters, etc. of Election Crimes) |
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| (1) | Where there exists a considerable reason for suffering damages or for having concerns over suffering them, with regard to the person who has offered a clue to examinations or investigations, such as the report, petition, accusation and charge, etc. concerning the election crimes [referring to the crimes as referred to in Chapter XVI Penal Provisions (including the crimes corresponding to the fine for negligence) and the crimes violating the National Referendum Act; hereinafter the same shall apply], conducted a statement or testimony and other acts of submitting the data, and made a tip-off for arresting criminals or roundup activities, the provisions of Articles 5, 7, 9 through 12, and 16 of the Protection of Reporters, etc. of Specific Crimes Act shall apply mutatis mutandis to the criminal procedures for such election crimes and the processes of investigations by the election commission. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | No person shall be allowed to have the personnel matters or the facts discernible of the reporters of election crimes known to other persons or to open to the public or to report, even though he has the knowledge thereof. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 262-3 (Payment of Reward Money to Reporters of Election Crimes) |
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The election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article, the same shall apply) may pay the reward money under the conditions as stipulated by the National Election Commission Regulations to the person who has filed a report on election crimes before the election commission acknowledged them. <Amended by Act No. 7681, Aug. 4, 2005>
[This Article Added by Act No. 7189, Mar. 12, 2004]
CHAPTER XVII SUPPLEMENTARY PROVISIONS
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| Article 263 (Invalidity of Election due to Excessive Disbursement of Election Expenses) |
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| (1) | When any election campaign manager or accountant in charge of the election campaign office is sentenced to imprisonment or a fine exceeding three million won on account of an excessive disbursement of 1/200 or more of the restricted amount of election expenses publicly announced as provided in Article 122, the election of the candidate concerned shall become invalidated: Provided, That where the disbursement is made with the intention of making the election of the candidate invalidated by inducement or provocation of another person, this shall not apply. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | When any accountant in charge of the election campaign office is sentenced to imprisonment or a fine exceeding three million won on account of committing the crimes provided for in the provisions of Article 49 (1) or (2) 6 of the Political Fund Act, the election of the candidate concerned (excluding the candidates for the President, the proportional representative National Assembly members and the proportional representative local council members) shall be invalidated. In this case, the provisions of the proviso of paragraph (1) shall apply mutatis mutandis. <Added by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
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| Article 264 (Invalidity of Election due to Election Crimes of Elected Persons) |
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If an elected person is sentenced to imprisonment or a fine exceeding 1 million won on account of committing the crime provided for in this Act and the crime provided for in Article 49 of the Political Fund Act in the election concerned, his election shall become invalidated. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 265 (Invalidity of Election due to Election Offense by Election Campaign Manager) |
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If an election campaign manager, accountant in charge of an election campaign office (including a person who has not been appointed nor reported as an accountant in charge of an election campaign office, and the amount paid by him in collusion with a candidate for election expenses of the latter is equivalent to 1/3 or more of the restricted amount of election expenses) or the candidate (including a person intending to become a candidate), or lineal ascendant or descendant and spouse of the candidate, has committed a crime related to a contribution act from among Articles 230 through 234, or 257 (1), or a crime of illegal giving or receiving of the political funds provided for in the provisions of Article 45 (1) of the Political Fund Act, and is sentenced to imprisonment or a fine exceeding three million won (with regard to an election campaign manager and an accountant in charge of an election campaign office, including the case due to the acts before an appointment or report), the election of the candidate concerned (excluding the candidate for the presidency, the proportional representative National Assembly member and the proportional representative local council member) shall become invalidated: Provided, That where the crime is committed with the intention of making the election of the candidate invalidated by an inducement or provocation of another person, this shall not apply. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>
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| Article 265-2 (Return of Expenses by Persons Whose Election is Invalidated) |
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| (1) | A person whose election is invalidated (including any person who resigns prior to the final and conclusive judgment after having been indicted) under the provisions of Articles 263 through 265 shall return the amount returned or preserved under the provisions of Articles 57 and 122-2. In this case, when the election of a candidate recommended by a political party in the presidential election, and when the election of candidates in the elections for proportional representative National Assembly members and for the proportional representative local council members have been all invalidated, the political party recommending them shall return the said amount. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | When the causes for return under the provisions of paragraph (1) have occurred, the competent constituency election commission shall promptly notify the relevant political party or candidates of the amount to be returned, and the relevant political party or candidates shall pay them to the constituency election commission within 30 days from the date of receiving the said notification. |
| (3) | When the said political party or candidates have failed to pay them not later than the time limit under paragraph (2), the competent constituency election commission shall entrust the collection to the head of tax office having jurisdiction over the address of relevant candidates (in the case of political parties, referring to the location of central party's office), and the head of competent tax office shall collect them by referring to the practices of dispositions on default of national taxes. |
| (4) | The amount paid or collected under the provisions of paragraph (2) or (3) shall be reverted to the State or local governments. |
| (5) | Methods and procedures for a notification under the provisions of paragraph (2) and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 266 (Restriction on Attending to Public Affairs due to Election Offense) |
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| (1) | Notwithstanding the provisions of other Acts, the person who is sentenced to imprisonment on account of committing the crimes (excluding any crime involving the intra-party competition) provided for in Articles 230 through 234, 237 through 255, 256 (1) and (2), 257 through 259 and the crimes provided for in Article 49 of the Political Fund Act shall not be assigned or appointed to any of the following offices for 10 years after the non-execution of the sentence becomes final, or the execution of the sentence is terminated or exempted; a person who is sentenced to a suspension of sentence execution, for 10 years after the sentence becomes final; and a person who is sentenced to a fine of not less than 1 million won, for five years after the sentence becomes final: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| 1. | An office falling into any of the subparagraphs of Article 53 (1) (including president of each association and full-time employees in such cases as provided in Article 53 (1) 5); |
| 2. | An office falling into Article 60 (1) 6 through 8; |
| (2) | Any person whose election is invalidated pursuant to Article 263 or 265 (including a person who has resigned before a final and conclusive judgment after his indictment) shall not become a candidate for the relevant special election. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
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| Article 267 (Notification on Indictment and Judgment) |
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| (1) | If an elected person, candidate, lineal ascendant or descendant, and spouse of a candidate, election campaign manager, accountant in charge of the election campaign office is indicted for a crime on an election, the fact thereof shall be notified to the constituency election commission concerned. |
| (2) | The presiding judge who has rendered a final judgment on the crime as provided in Articles 230 through 235, and 237 through 259 shall send a copy of such judgment to the constituency election commission concerned. |
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| Article 268 (Prescription of Public Prosecution) |
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| (1) | The prescription of a public prosecution against the crime as prescribed by this Act shall be completed at the expiration of six months (in the case of crimes committed after the election day, six months from the day on which the crime is committed) after the competent election day: Provided, That if the criminal escapes or he has made the accomplice or witness required for an attestation of crimes escape, the period shall be three years. <Amended by Act No. 7189, Mar. 12, 2004> |
| (2) | Deleted. <by Act No. 7681, Aug. 4, 2005> |
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| Article 269 (Jurisdiction of Trial) |
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The first trial on an election criminal and his accomplice shall be under the jurisdiction of the collegiate division of the district court or its branch court as provided in Article 32 (1) of the Court Organization Act: Provided, That the first trial on an election criminal and his accomplice who are under jurisdiction of the military court shall be under the jurisdiction of the ordinary military court as provided in Article 11 of the Military Court Act. <Amended by Act No. 7681, Aug. 4, 2005>
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| Article 270 (Mandatory Statute on Trial Period of Election Crime) |
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A trial for an election criminal and his accomplice shall proceed promptly in preference to other trials, and the sentence of the trial shall be made, without fail, within six months after the public prosecution is instituted, in the first instance, and within three months after the judgment on the previous trial is sentenced, in the second and the third instances. <Amended by Act No. 6265, Feb. 16, 2000>
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| Article 270-2 (Appearance in Court by Accused) |
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| (1) | When an accused has failed to appear in court in the trial on the election crimes on the trial date even though he received a lawful summon which is not through a service by public notice, the date shall be fixed again. |
| (2) | When an accused has failed to appear in court on the date fixed again or the date of trial opened thereafter, the trial proceedings may progress without an appearance of the accused. |
| (3) | Where the trial proceedings progress under the provisions of paragraph (2), the court shall hear the opinions of public prosecutors and lawyers present. |
| (4) | When the court has pronounced its judgment pursuant to the provisions of paragraph (2), it shall notify the accused or lawyers (limited to the case where there exits a lawyer) of such a fact by telephone or other speedy means. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 271 (Measures and Vicarious Execution against Unlawful Facilities) |
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| (1) | The election commission of each level, upon finding any poster, printed matter, placard or other propaganda materials (including materials posted at the building of a political party) related to the election, or similar organization, private organizations, or facilities which are contrary to the provisions of this Act, shall immediately order the suspension of posting or pasting, or withdrawal, removal, or closure, and if the order is not complied with, the commission may execute it vicariously. In this case, the vicarious execution shall be made under the Administrative Vicarious Execution Act, but the procedure may be made under the National Election Commission Regulations, regardless of the provisions of Article 3 of the same Act. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7681, Aug. 4, 2005> |
| (2) | The election commission of each level may post a mark or make a public announcement on such unlawful facilities as provided in paragraph (1), to the effect that they are unlawful, under the National Election Commission Regulations. |
| (3) | With respect to the deduction, payment, entrustment with collection of the expenses for the vicarious execution, which are borne by the deposit money as provided in Article 56 (3), the provisions of Article 261 (6) shall apply mutatis mutandis. <Added by Act No. 4947, Apr. 1, 1995; Act No. 7189, Mar. 12, 2004> |
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| Article 271-2 (Restrictions on Advertisement for Election) |
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| (1) | If an election commission deems the contents of an advertisement to be broadcast or to be inserted in newspapers, magazines or other publications to be contrary to this Act, it may require the persons who operate and manage the relevant broadcasting stations or daily newspaper companies, and the advertisers, to suspend such an advertisement. |
| (2) | Any person who has received a requirement for suspension as referred to in paragraph (1), shall comply with such a requirement, and if he makes an advertisement in noncompliance with such a requirement, a competent election commission shall, without delay, request a criminal investigation or make a complaint against him to a competent investigation agency. |
| (3) | The term "advertisement" as used in paragraph (1) means an advertisement (excluding an advertisement as referred to in other provisions of this Act) for or against the result of an election for a candidate (including those wishing to be candidates), or favorable or unfavorable to a specific political party (including a preparatory committee for the formation of a political party). |
[This Article Added by Act No. 5537, Apr. 30, 1998]
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| Article 272 (Suspension of Mailing of Unlawful Propaganda Materials) |
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| (1) | If the election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter the same shall apply in this Article) finds ex officio or at a request of a political party or candidate that any propaganda materials suspicious of a crime as prescribed in this Act are mailed or that their mailing is attempted, it may request the head of the post office concerned to ban or suspend the mailing of such propaganda materials. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005> |
| (2) | The head of a post office, upon receiving the request to ban or suspend the mailing of the relevant postal matters as provided in paragraph (1), shall immediately suspend the mailing, and notify the sender thereof: Provided, That if the sender's address is not indicated, he shall announce the fact that the mailing is suspended, on the bulletin board of the sending post office. |
| (3) | The election commission concerned, upon requesting the ban or suspension of the mailing as provided in paragraph (1), shall immediately request an investigation or file a complaint with the criminal investigation agency, and request a seizure of the mail in question. |
| (4) | In the case as provided in paragraph (3), the criminal investigation agency shall notify the election commission and the head of a post office concerned of whether a warrant of seizure against the mail in question is issued or not, within the period as provided in Article 200-4 of the Criminal Procedure Act, but if the head of the post office fails to have the warrant of seizure issued, he shall immediately release the suspension of mailing. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 7681, Aug. 4, 2005> |
| (5) | The election commission of each level may, upon finding the propaganda materials suspicious of crimes corresponding to those as prescribed by this Act are mailed, request the head of the related post office to present the personal particulars such as the name and address of the person relevant to the mailing of such propaganda materials, and the number of mailed ones, area for deliveries, and other data required for an investigation of election crimes. In this case, the head of post office in receipt of a request for data presentation shall comply with it. <Added by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002> |
| (6) | When the head of a post office suspends the mailing at the request of the election commission of each level, or when he has submitted the data such as personal particulars of the person relevant to the mailing of propaganda materials, the provisions of Articles 3, 50, 51, and 51-2 of the Postal Service Act, Article 19 of the Postal Money Order Act and Article 3 of the Protection of Communications Secrets Act shall not apply. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
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| Article 272-2 (Investigation, etc. of Election Crimes) |
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| (1) | Where it is deemed that a person is suspicious of election crime, or a petition for election crime made by the candidate (including the candidate for competition), preliminary candidate, election campaign manager, chief of an election campaign liaison office or election campaign worker is regarded based on good evidence, or where the reports are made on crimes committed on the spot, as regards election crimes, the members or employees of election commissions of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article the same shall also apply hereafter in this Article) may enter the place, and inquire of or investigate relevant persons, or request them to submit relevant documents or other materials necessary for investigations. <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | The members or employees of election commissions of each level may, in case where deemed that there exist some concerns about the destruction of evidences which have been used for the election crimes at the spot, take away the evidences at the spot within the limit of necessity for investigations. In this case, the members or employees of relevant election commission shall, in case where they file a complaint about or request an investigation into the related election crimes, send the evidential goods so taken away to the related investigation agency, and where they do not do so, they shall, without delay, return them to the person who owns, possesses or manages them. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (3) | No one may obstruct entry into the place as referred to in paragraph (1), and the person who is subject to any question or investigation or requested to submit materials under the same paragraph shall comply with it. |
| (4) | The members or employees of election commissions of each level may, in case where deemed necessary for the inquiries or investigations on the interested parties in connection with the investigations of election crimes, request the accompanying to or appearance in the election commission: Provided, That a demand for accompanying to or appearance in court shall not made to the candidates during the election period. <Added by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| (5) | The members or employees of election commissions of each level may, where any acts in violation of this Act which are likely to damage significantly the freedom and fairness of election are being committed under their very nose, or where deemed that it is apparent to be committed, take on the spot the measures required for the suspension or prevention of such acts. <Added by Act No. 6663, Mar. 7, 2002> |
| (6) | Where members or employees of election commissions of each level enter the place, inquire, investigate, or make a request for the submission of materials in accordance with paragraph (1), they shall show credentials evidencing their positions to interested persons, tell their posts and names, and explain their objectives and grounds. |
| (7) | Procedures or methods of provision of good evidence, taking away of evidential data, measurement of credentials, or other necessary matters under paragraphs (1) through (6) shall be determined by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002> |
[This Article Added by Act No. 5412, Nov. 14, 1997]
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| Article 272-3 (Investigation of Communication-Related Election Crimes) |
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| (1) | When there exists a considerable reason for admitting that there exists a suspicion of acts violating this Act by utilizing the information communications networks, the staff of the election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article, the same shall apply) may demand the provider of information communications service to allow a perusal of the data on names (including codes to discern the users), residents registration numbers, addresses (including E-mail addresses, recorded data on the Internet log, and data enabling to verify the locations of information communications apparatuses having contacted the information communications networks), using period and using fees of the users of relevant information communications services, or a submission of them, after obtaining an approval of the chief presiding judge of the High Court having jurisdiction over the location of relevant election commission (referring to the district court in the case of Gu/Si/Gun election commission) or of the presiding judge equivalent thereto. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | When there exists a considerable reason for admitting that there exists a suspicion of acts violating this Act by utilizing the telephones, the staff of the election commission of each level may demand the provider of information communications service to allow a perusal of the data on names, resident registration numbers, addresses, using period and using fees, telephone numbers of the callers or receivers, installed places, and number of installed apparatuses, or a submission of them after obtaining an approval of the chief presiding judge of the High Court having jurisdiction over the location of relevant election commission (referring to the district court in the case of Gu/Si/Gun election commission) or of the presiding judge equivalent thereto. |
| (3) | Persons in receipt of the demands as referred to in paragraphs (1) and (2) shall promptly comply with them. |
| (4) | The staff of the election commission of each level shall be prohibited from using the data furnished by the provider of information communications service under the provisions of paragraph (1) or (2) for any other usages than the purpose of investigating the acts violating this Act, and shall not be allowed to make them open to the public, except for the cases of accusing them to the related investigation agency or requesting it to make an investigation on them. |
| (5) | Demands as referred to in the provisions of paragraph (1) or (2) and other necessary matters shall be stipulated by the National Election Commission Regulations. |
[This Article Added by Act No. 7189, Mar. 12, 2004]
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| Article 273 (Request for Ruling) |
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| (1) | Any candidate or political party (limited to a central party) and the competent election commission that lodges an accusation or complaint on a crime as provided in Articles 230 through 234, 237 through 239, 248 through 250, Article 255 (1) 1, 10, and 11, and (3), Article 257 or 258 may request the appellate court corresponding to the high public prosecutor's office to which a public prosecutor belongs to rule on whether it is right or wrong within 10 days after he is notified that the public prosecutor refuses instituting a public prosecution. <Amended by Act No. 6265, Feb. 16, 2000> |
| (4) | With respect to the request for a ruling as provided in paragraph (1), if the public prosecutor fails to institute a public prosecution no later than 10 days before the prescription of public prosecution on the election crime expires, the notification that the public prosecutor would not institute the public prosecution shall be deemed to have been made at that time, and if the public prosecutor fails to institute a public prosecution on the election crime claimed by the election commission from the day of claim to three months, such notification shall be deemed to have been made at the time when the relevant three months elapsed. <Amended by Act No. 6265, Feb. 16, 2000> |
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| Article 274 (Report, etc. on Election) |
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| (1) | Except as otherwise prescribed by this Act, a report, application, submission, or notification to each administrative agency and election commission of each level concerned during the election period as prescribed by this Act or the National Election Commission Regulations to enforce this Act shall be made within the regular working hours of the state public officials in general service on the ordinary weekday, notwithstanding the legal holiday. <Amended by Act No. 7681, Aug. 4, 2005> |
| (2) | The election commission of each level may allow to record declarations, applications, submissions and notifications, etc. that are prescribed by this Act or the National Election Commission Regulations to enforce this Act in the disk of its computer according to the fixed form provided by the relevant election commission or in the media similar thereto for their submissions or allow to submit them by the way of posting them on the Internet homepage that is designated by the relevant election commission. <Added by Act No. 7681, Aug. 4, 2005> |
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| Article 275 (Restriction on and Suspension of Election Campaign) |
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In the election of the local constituency National Assembly members or local council members, where a candidate resigns or dies or his registration becomes invalidated, after the registration of candidates is closed, so that the number of the candidates for the election district (in the election of the local constituency National Assembly members, it refers to the local constituency for the National Assembly members; hereafter, the same shall apply in this Article) becomes short of the full number of the members for the constituency and the voting is not held, the election campaign for the relevant election of a local constituency National Assembly member or local council member as prescribed by this Act shall be suspended from the time when the cause becomes final.
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| Article 276 (Withdrawal of Propaganda Materials after Election Day) |
|
A person who has pasted, posted, or installed any propaganda materials or facilities for the election campaign shall immediately withdraw them after the election day.
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| Article 277 (Expenses for Election Management) |
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| (1) | The following expenses needed for preparing and holding the presidential election and election of the National Assembly members and those disbursed by the National Election Commission and the City/Do election commission to uniformly carry out the affairs as to an election of a local council member or head of a local government shall be borne by the State. In this case, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in which 180 days before an election day of the relevant election are included, with respect to the expenses falling under subparagraph 2), but the budget shall be allotted to the National Election Commission no later than 60 days before the beginning day of the election period (240 days before an election day of the relevant election, with respect to the expenses falling under subparagraph 2), and for the special election, by 15 days from the time when the cause for holding the election becomes final (referring to five days from the day when the cause for holding the election becomes final, in the case of a reelection as provided in Article 197, and to at least a day before the election day is publicly announced, in the case of a postponed election and revoting; hereafter, the same shall apply in this Article), so as not to impede the execution of such affairs: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 1. | Expenses needed for preparing the management of the election and holding it as prescribed by this Act; |
| 2. | Expenses needed for guidance, public information and control affairs related to the election; |
| 3. | Expenses for lawsuits on an election; |
| 4. | Expenses to be borne as a result of a lawsuit on an election; |
| 5. | Expenses for arranging the data on the result of an election; |
| 6. | Expenses needed for operating and managing affairs of the election commissions for the election management; and |
| 7. | Unpredictable expenses or expenses to be allocated for an excessive disbursement of appropriated budget which correspond to 1/100 of the aggregate of expenses of subparagraphs 1 and 2. |
| (2) | The following expenses needed for preparing the management of, and operating, an election of a local council member or head of the local government shall be borne by the local government concerned. In this case, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in which 180 days before an election day of the relevant election are included, with respect to the expenses falling under paragraph (1) 2), no later than 60 days before the beginning day of election period (240 days before an election day of the relevant election, with respect to the expenses falling under paragraph (1) 2), but the expenses shall be paid to the City/Do election commission concerned in the case of an election for the City/Do council member and the Mayor/Do governor; and to the constituency election commission concerned in the case of an election of the autonomous Gu/Si/Gun council member and the head of an autonomous Gu/Si/Gun; for the special election, the expenses shall be paid to the relevant City/Do election commission by 15 days from the day when the cause for holding the election becomes final, so as not to impede the execution of its affairs, in the case of an election of the City/Do council member and the Mayor/Do governor; and to the relevant constituency election commission in the case of an election of the autonomous Gu/Si/Gun council member or the head of an autonomous Gu/Si/Gun: <Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004> |
| 1. | Expenses as provided in the subparagraphs of paragraph (1); |
| 2. | Expenses for a petition on the election; and |
| 3. | Expenses to be borne as a result of a petition on the election. |
| (3) | After the State or local government has allocated or paid the expenses for election management as provided in paragraphs (1) and (2), in case where there occurs a new cause for holding an election along with an election for which the expenses have already been allocated or paid, or where the allocated or paid expenses thereof run short, the additional amount shall be immediately allocated or paid at the request of the election commission concerned as provided in the classifications of paragraph (4). |
| (4) | Of the expenses other than those as provided in paragraphs (1) through (3), the expenses to be borne by the State among those to be borne by the State or local government as prescribed by this Act shall be allocated or paid to the election commission concerned within fifteen days from the election day at the request of the National Election Commission; the expenses disbursed for an election of a council member of City/Do or Mayor/Do governor, at the request of the City/Do election commission; and the expenses disbursed for an election of a council member and head of autonomous Gu/Si/Gun, at the request of the constituency election commission concerned. |
| (5) | The calculating standard for, procedure for and method of payment, execution, inspection and return of the expenses as provided in paragraphs (2) through (4) and other necessary matters shall be prescribed by the National Election Commission Regulations. |
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| Article 277-2 (Compensation for Disease, Injury or Death) |
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| (1) | The National Election Commission shall pay the compensations under the conditions as prescribed by the National Election Commission Regulations when any members of the election commissions of each level, officials in charge of voting management, those of the supervisory group of vote rigging, the voting and ballot counting assistants (excluding those who are public officials), have suffered from any disease and injury or have died due to election duties during the election period (referring to the period when establishing the supervisory group of vote rigging, in the case of the members of the said group). <Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005> |
| (2) | The National Election Commission shall appropriate the reserve for disaster compensations in its budget for each year for the compensation under paragraph (1). |
| (3) | Where any causes for paying the compensations under paragraph (1) have occurred due to the acts of a third party, the National Election Commission shall acquire the right to claim damage compensations which is possessed by a holder of recipiency right against the third party within the limit of payment of compensations which have already been paid: Provided, That if the third party is a public official performing a public duty, the whole or part of the right to claim damage compensations may not be exercised. <Added by Act No. 7189, Mar. 12, 2004> |
| (4) | In the case of paragraph (3), if any holder of recipiency right has already received damage compensations from the said third party on account of the same causes, the compensations shall not be paid within the limit of said compensation amount. <Added by Act No. 7189, Mar. 12, 2004> |
[This Article Added by Act No. 6663, Mar. 7, 2002]
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| Article 278 (Voting and Counting of Votes by Computer Systems) |
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| (1) | The National Election Commission shall promote the business computerization in order to swiftly and correctly manage such election affairs as the voting, ballot-counting and others. |
| (2) | In the computerization of voting affairs management, the arrangement shall be made so as to guarantee the secrecy of voting, to make the voting by the electors easy, to guarantee the witness by the political party or candidates, and to ensure the correction of errors in voting, prevention of invalid voting, and accuracy of voting, etc. |
| (3) | In the computerization of the management of ballot-counting affairs, the arrangement shall be made so as to make the counting of obtained votes by political party or candidate correct, to make the verification of the voting results possible, and to guarantee the witness by the political party or candidates. |
| (4) | The National Election Commission shall, in case where it intends to perform the business management of voting and ballot-counting by its computerization, publicize it by means of the distribution of advice notes, the advertisement utilizing the press media and others, but the decision on whether it shall be performed shall be made in consultation with the political parties that form negotiating groups in the National Assembly. <Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005> |
| (5) | The National Election Commission may set up and operate the electronic election promotion council in which political parties that form negotiating groups in the National Assembly participate for the consultations referred to in paragraph (4). <Added by Act No. 7681, Aug. 4, 2005> |
| (6) | In the computerization of the management of election affairs such as voting, ballot-counting and others, the procedures for and methods of voting and ballot-counting, the commission of computerization specialists as the voting and ballot-counting staff, the preparation, verification and preservation of the programs for operating the computer systems, the composition and operation of the electronic election promotion council and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005> |
[This Article Added by Act No. 6265, Feb. 16, 2000]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Repealed Acts)
The Presidential Election Act, the Election of National Assembly Members Act, the Election of Local Council Members Act and the Election of Heads of Local Governments Act shall hereby be repealed.
Article 3 (Transitional Measures concerning Voting Franchise and Eligibility for Election)
Notwithstanding the provisions of Articles 18 and 19, the voting franchise and eligibility for election of the person who is a convicted election criminal or whose election criminal charge is pending in court at the time this Act enters into force shall be subject to the previous examples. Article 4 (Transitional Measures concerning Voting Districts)
The voting district established as provided in the previous provisions at the time this Act enters into force shall be deemed to have been established as provided in Article 31. Article 5 (Ballot Counting by Means of Computer System)
| (1) | In a special election and others to be held after this Act enters into force, the ballot-counting affairs may be carried out by means of the computer system. In this case, the National Election Commission shall decide which special election to adopt the computer system in its ballot counting, in consultation with the political parties having the negotiation body in the National Assembly. |
| (2) | The ballot-counting procedure and method, appointment of a computer expert as a ballot-counting clerk, preparation, verification and safekeeping of the computer system operational programs, and other necessary matters, where the ballot-counting affairs are carried out by means of the computer system as provided in paragraph (1), shall be prescribed by the National Election Commission Regulations. |
Article 6 (Transitional Measures concerning Special Elections)
| (1) | The election day, election affairs schedule, and other election procedure, of a special election whose election day is publicly announced and which is being held before this Act enters into force shall be subject to the previous examples. |
| (2) | The expenses for preparing, pasting, withdrawing and sending propaganda posters, election campaign bulletins, small printed materials for a special election whose election day is publicly announced and which is being held after this Act enters into force shall be borne in accordance with the previous examples. |
| (3) | In the case of a special election where the cause for holding the special election has become final before this Act enters into force but its election day is not announced as of the enforcement date of this Act, the term "when the cause for holding the election becomes final" means the "enforcement date of this Act". |
| (4) | In a special election where the cause for holding it has become final before this Act enters into force, the person who falls under Article 60 (1) 6 or 7, when wishing to be an election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, voting witness, or absentee voting witness, shall resign from his office no later than a day after the day when the election day for the special election is announced publicly, notwithstanding the provisions of Article 60 (2). |
Article 7 (Transitional Measures concerning First Election Day for Heads of Local Governments)
| (1) | The election for the head of a local government and the election for a local council member at the expiration of the term, both of which are to be held for the first time after this Act enters into force, shall be held simultaneously on the 27th of June in 1995, and the term of the autonomous Gu/Si/Gun council member and the head of a local government, elected at the elections thereof, shall begin on the 1st of July in 1995. |
| (2) | Notwithstanding the provisions of Articles 31 (1) and 87 (1) of the Local Autonomy Act, the term of the local council members and the head of a local government, who are elected by the elections to be held as provided in paragraph (1), shall expire on the 30th of June in 1998. |
| (3) | In an election for the head of a local government which is held for the first time after this Act enters into force, the term "person who has kept the resident registration in the area under the jurisdiction of the local government concerned for 90 or more days consecutively as of the election day" as provided in Article 16 (3) means the "person who has kept the resident registration in the area under the jurisdiction of the local government as of the beginning day of the election period". |
| (4) | In an election for the head of a local government which is held for the first time after this Act enters into force, the person who falls under any of subparagraphs of Article 53 (1) and wishes to be a candidate shall resign from his office no later than a day before the beginning day of application of candidate registration, and the public official who holds the post of the head of a local government, if wishing to run for the election for the head of the local government concerned, shall resign from his office no later than 90 days before the election day. |
| (5) | The election for the head of a local government which is held for the first time after this Act enters into force shall be deemed as an election held at the expiration of the term, in application of Article 203. |
Article 8 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to the act committed before this Act enters into force shall be governed in accordance with the previous examples.
Article 9 (Transitional Measures concerning Invalidity of Election)
The person who falls under any of Articles 263 through 266 for an offense committed before this Act enters into force, shall be subject to the previous examples, notwithstanding the provisions of this Act. Article 10 Omitted.
Article 11 (Relations to Other Acts and Subordinate Statutes)
Where the repealed Act or the provisions thereof as provided in Article 2 of the Addenda of this Act are cited in other Acts and subordinate statutes at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the repealed Act or the provisions thereof if the provisions corresponding to them are included in this Act.
ADDENDA<Act No. 4796, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 4947, Apr. 1, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 4949, May 10, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Eligibility for Election of Proportional Representative City/Do Council Members) In the election for the proportional representative City/Do council member to be held for the first time after this Act enters into force, the term "person who is registered as resident in the area under the jurisdiction of the local government concerned for 90 or more days consecutively as of the day of election" as provided in Article 16 (3) means the "person who is registered as resident in the area under the jurisdiction of the local government concerned as of the beginning day of the election period". |
ADDENDUM<Act No. 4957, Aug. 4, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5127, Dec. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5149, Feb. 6, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Demarcation of Election Districts for National Assembly Members) Notwithstanding the provision of the latter sentence of Article 25 (1), in an election (including a special election and others) for a National Assembly member to be held in April 11, 1996, part of Haeundae-gu of Busan Metropolitan City may be divided to belong to Haeundae-gu and Gijang-gun B-Constituency, part of Buk-gu of Busan Metropolitan City to Buk-gu and Gangseo-gu B-Constituency; part of Gyeyang-gu of Incheon Metropolitan City to Gyeyang-gu and Ganghwa-gun B-Constituency, and part of the Mokpo-si of Jeollanam-do to Mokpo-si and Shinan-Gun B-Constituency, respectively, for the purpose of reducing the deviation of population. |
| (3) | (Transitional Measures concerning Candidacy of Public Officials) Notwithstanding the provision of the main sentence of Article 53 (1), in the election for the National Assembly member to be held in April 11, 1996, the person who falls under any of the subparagraphs of the same paragraph of the same Article and wishes to be a candidate for the National Assembly member only in the election district adjusted by this Act (Jung-gu and Dong-gu, Buk-gu and Gangseo-gu A/B, and Haeundae-gu and Gijang-gun A/B Constituencies in Busan Metropolitan City; Gyeyang-gu and Kanghwa-Gun A/B Constituencies in the Incheon Metropolitan City; Taebaek-Si and Jeongseon-gun Constituency in the Gangwon-do; Poun-Gun, Okchon-Gun and Yongdong-Gun Constituency in the Chungcheongbuk-do; Gumsan-Gun and Nonsan-Gun Constituency in the Chungcheongnam-do; Mokpo-si and Sinan-Gun A/B, Posong-Gun and Hwasun-gun, and Jangheung-gun and Yongam-Gun Constituencies in the Jeollanam-do; Mungyeong-si and Yechon-Gun Constituency, and YongYang-Gun, Ponghwa-Gun, and Ulchin-Gun Constituency in the Gyeongsangbuk-do; and Ulsan-SiNam-Gu A/B, and Gochang-gun and Hapcheon-gun Constituencies in the Kyongsangnam-Do), shall retire from his office within 10 days after this Act enters into force. |
ADDENDA<Act No. 5262, Jan. 13, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Broadcast Speeches of Candidates for Local Constituency National Assembly Members) Notwithstanding the provisions of Article 70 (2), a broadcast speech by a candidate as provided in Article 71 in the election of local constituency National Assembly members shall be carried out by means of composite cable broadcast as prescribed by the Composite Cable Broadcasting Act, until the time of enforcement is separately determined in consideration of broadcasting hours per day and broadcasting facilities. |
| (3) | (Transitional Measures on Penal Provisions) The application of the penal provisions to the crimes in violation of Articles 250 and 257 before this Act enters into force, shall be governed by the previous provisions. |
ADDENDA<Act No. 5412, Nov. 14, 1997>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) As for the initial election to be conducted after this Act enters into force, the Election Broadcast Deliberation Committee and the Presidential Election Debate Broadcasting Committee shall be established at the latest by ten days before the commencement of election period, despite the amended provisions of Articles 8-2 and 82-2. |
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. 5508, Feb. 6, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5537, Apr. 30, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 117-2 (1) 2 and 3, shall enter into force on the thirtieth day following the date of its promulgation. |
| (2) | (Transitional Measures concerning Broadcast Speeches by Candidates for Election of Local Constituency National Assembly Members etc.) Notwithstanding the provisions of Article 70 (2), broadcast speeches by candidates as referred to in the amended provisions of Article 71 in the election of local constituency National Assembly members and the heads of autonomous Gus/Sis/Guns, shall be carried out by means of composite cable broadcasting as prescribed in the Composite Cable Broadcasting Act, till the time for such carrying out is determined in consideration of broadcasting hours per day and broadcasting facilities. |
| (3) | (Transitional Measures concerning Electoral Eligibility) In the election of the local council members and the heads of local governments at the expiration of their term which takes place for the first time after this Act enters into force, persons who are registered as resident within the jurisdiction of such local governments from the third day after this Act enters into force up to the election day, shall be deemed to be eligible for the election, notwithstanding the provisions of Article 16 (3) "for sixty consecutive days of longer as of the election day". |
| (4) | (Transitional Measures concerning Candidacy of Public Officials or Other Persons) In the election of the local council members and the heads of local government at the expiration of their term which takes place for the first time after this Act enters into force, persons who fall under any of subparagraphs of Article 53 (1) and who intend to be candidate, shall resign their offices within three days from the date when this Act enters into force, notwithstanding the amended provisions of the main sentence of the same Article and paragraph. |
| (5) | (Transitional Measures concerning Penal Provisions) In the application of penal provisions to acts committed before this Act enters into force, the previous provisions shall apply. |
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 revised provisons related to the Broadcasting Act such as Article 8-2 (1), etc. shall enter into force on the date when the Broadcasting Act, Act No. 6139, enters into force. Article 2 (Transitional Measures concerning Election News Deliberation Committee)
The Press Arbitration Committee shall, in the election of the local constituency National Assembly members at the expiration of term to be conducted first after the enforcement of this Act, establish an Election News Deliberation Committee within 20 days after the enforcement of this Act, notwithstanding the revised provisions of Article 8-3 (1). Article 3 (Special Cases concerning Demarcation of Local Election Districts for National Assembly Members)
Notwithstanding the provision of the latter part of Article 25 (1), in the election of National Assembly members (including the special election, etc.), a divided part of the Haeundae-gu of the Busan Metropolitan City may be made to belong to the local election district for the National Assembly member for Gijang-gun B of Haeundae-gu, and a divided part of the Buk-gu of the Busan Metropolitan City to the local election district for the National Assembly member for Gangseo-gu B of Buk-gu, and a divided part of the Seo-gu of the Incheon Metropolitan City to the local election district for the National Assembly member for Ganghwa-gun B of Seo-gu. Article 4 (Transitional Measures concerning Special Elections, etc.)
In the election of the local constituency National Assembly members at the expiration of term to be conducted first after the enforcement of this Act, the head of a local government intending to be a candidate shall resign from his post 60 days before the election day, notwithstanding the revised provision of Article 53 (3). Article 5 (Transitional Measures concerning Broadcast Speech of Candidates for Head of Autonomous Gu/Si/Gun)
In the election of the head of autonomous Gu/Si/Gun, the broadcast speeches of candidates pursuant to the revised provision of Article 71 shall be conducted by using the composite cable broadcasting stations under the Broadcasting Act until such time when its execution period is separately determined in consideration of the broadcasting hours per day and the broadcasting facilities, etc. Article 6 (Transitional Measures concerning Penal Provisions)
In the application of penal provisions to the acts before the enforcement of this Act (excluding the acts falling under the revised provisions of Article 58 (1) 3), the previous provisions shall prevail. Article 7 (Transitional Measures concerning Request for Ruling)
In instituting the public prosecution against the election offenses accused by the election commission before the enforcement of this Act, they shall be deemed to be accused on the enforcement date of this Act, notwithstanding the revised provision of Article 273 (4). Article 8 Omitted.
Article 9 (Relations with Other Acts)
When other Acts cite the previous provisions at the time of the entry into force of this Act, where there exist the provisons in this Act corresponding to them, they shall be deemed to cite the corresponding provisions in this Act in place of the previous provisions.
ADDENDA<Act No. 6388, Jan. 26, 2001>
| (1) | (Enforcement Date) This Act shall enter into force three months after its promulgation. |
ADDENDA<Act No. 6497, Jul. 24, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Application Cases of Special Election, etc.) The amended provisions of Article 201 (1) shall be applied to the special elections for which cause for holding has become definite. |
| (3) | (Special Cases of Public Announcement of Special Election, etc.) Where a special election is not held under paragraph 2 of the Addenda, the purport thereof shall, notwithstanding the former part of Article 201 (4), be publicly announced within 10 days from the date on which this Act enters into force. |
ADDENDUM<Act No. 6518, Oct. 8, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6663, Mar. 7, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures for Penal Provisions) In the application of penal provisions to any acts committed prior to the enforcement of this Act, the previous provisions shall govern. |
| (3) | (Special Case of Increase in Number of City/Do Council Members) In the election of City/Do council members due to the expiration of term of office to be first held after the enforcement of this Act, where two local constituencies of National Assembly members are unified into one within one autonomous Gu/Si/Gun pursuant to the annexed Table 1 of the Act on the Election of Public Officials and the Prevention of Election Malpractices (Act No. 6265), notwithstanding the provisions of Article 22 (1), the full number of the local constituency City/Do council members in the local constituency of relevant National Assembly member and that of the local constituency City/Do council members in one of local constituencies of National Assembly member in case where three local constituencies of National Assembly member are unified into two, shall be the number of adding one more to the number computed under the provisions of paragraph (1) of the same Article. |
ADDENDA<Act No. 6854, Feb. 4, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM<Act No. 6988, Oct. 30, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7189, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Internet Election News Deliberation Committee)
The Internet Election News Deliberation Committee under the provisions of Article 8-5 shall be established and operated within 20 days after the enforcement of this Act. Article 3 (Transitional Measures concerning Establishment of Election Broadcast Debate Committee)
The Election Broadcast Debate Committee under the provisions of Article 8-7 shall be established and operated within 20 days after the enforcement of this Act. Article 4 (Transitional Measures concerning Supervisory Group of Vote Rigging)
In the election first held after enforcement of this Act due to an expiration of term of office, the supervisory group of vote rigging under the provisions of Article 10-2 shall be established within 10 days after the enforcement of this Act, notwithstanding the amended provisions of paragraph (1) of the same Article. Article 5 (Transitional Measures concerning Cyber Supervisory Group of Vote Rigging)
In the election first held after the enforcement of this Act due to an expiration of term of office, the cyber supervisory group of vote rigging under the provisions of Article 10-3 shall be established within 10 days after the enforcement of this Act, notwithstanding the amended provisions of Article 10-3. Article 6 (Transitional Measures concerning Voting Franchise and Electoral Eligibility)
Previous practices shall govern the voting franchise and electoral eligibility of a person who has committed crimes falling under the amended provisions of Article 18 (1) 3 prior to the enforcement of this Act. Article 7 (Special Cases concerning Demarcation of Local Election Districts for National Assembly Members)
Notwithstanding the provisions of Article 25 (1), in the election of the National Assembly members (including a special election), etc. to be held on April 15, 2004, a part of Haeundae-gu of Busan Metropolitan City may be divided and made belong to the National Assembly members' local constituency of Haeundae-guGijang-gun B, and a part of Buk-gu of Busan Metropolitan City may be divided and made belong to the National Assembly members' local constituency of Buk-guGangseo-gu B, and a part of Seo-gu of Incheon Metropolitan City may be divided and made belong to the National Assembly members' local constituency of Seo-guGanghwa-gun B, in order to reduce a variation in population. Article 8 (Transitional Measures concerning Election Day)
In the election first held after the enforcement of this Act due to an expiration of term of office, the previous provisions shall govern the election day, notwithstanding the amended provisions of Article 34. Article 9 (Transitional Measures concerning Candidacy of Public Officials, etc.)
Notwithstanding the provisions of main sentence of Article 53 (1), in the election of the National Assembly members to be held on April 15, 2004, any person falling under any of each subparagraph of the same paragraph, limited to the constituencies divided, unified or abolished at this time (excluding the Gyeonggi-doYongin-si A and B constituency, and IncheonBupyeong-gu A and B constituency, whose demarcations were adjusted), who is a person who intends to become a candidate for the local constituency National Assembly member shall resign from his post within 10 days from the enforcement date of this Act. Article 10 (Transitional Measures concerning Policy Debates Meeting Supervised by Election Broadcast Debate Committee)
In the election first held after the enforcement of this Act due to an expiration of term of office, notwithstanding the amended provisions of Article 82-3, the policy debates meeting supervised by Election Broadcast Debate Committee shall be applied starting from the month next to that whereto belongs the day on which the Election Broadcast Debate Committee is established. Article 11 (Transitional Measures concerning Verification of Real Names on Bulletin Board or Chatting Page, etc. of Internet Press Agencies)
Any Internet press agency falling under the provisions of Article 8-5 (1) shall take a technical measure under the provisions of Article 82-6 (1) within 30 days after the enforcement of this Act. Article 12 (Transitional Measures concerning Computation of Frequency of Newspaper Advertisements of Party Platform and Policy)
When computing the frequency of newspaper advertisement of party platform and policy under the amended provisions of Article 137 (1) 1, such a computation shall be made by including the frequency of newspaper advertisements made from 90 days prior to the election day to the enforcement date of this Act. Article 13 (Transitional Measures concerning Computation of Frequency of Broadcast Speeches of Platform and Policy)
When computing the frequency of broadcast speeches of platform and policy under the provisions of Article 137-2 (1), such a computation shall be made by including the frequency of broadcast speeches which are broadcasted in the month whereto the enforcement date of this Act belongs prior to the enforcement of this Act. In this case, if such a frequency exceeds twice, it shall be deemed to be twice. Article 14 (Transitional Measures concerning Invalidity of Election)
Previous practices shall govern any person who comes to fall under the provisions of Articles 263 and 265 due to the offenses prior to the enforcement of this Act, notwithstanding the provisions of this Act. Article 15 (Transitional Measures concerning Return of Expenses by Persons Whose Election is Invalidated)
Previous practices shall govern any person who comes to fall under the amended provisions of Article 265-2 (1) due to the offenses prior to the enforcement of this Act, notwithstanding the provisions of this Act. Article 16 (Transitional Measures concerning Prescription of Public Prosecution)
Previous practices shall govern any application of prescription of a public prosecution to the acts committed prior to the enforcement of this Act, notwithstanding the amended provisions of Article 268. Article 17 (Transitional Measures concerning Penal Provisions)
Previous practices shall govern any application of penalty provisions to the acts committed prior to the enforcement of this Act.
Article 18 Omitted.
ADDENDA<Act No. 7681, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force beginning on the date of its promulgation.
Article 2 (Application Example concerning Scope, etc. of Internet Press Agencies)
The previous provisions of this Act shall apply to the relevant provisions of the Act on the Freedom of Newspapers, etc. and the Act on Press Arbitration and Damage Relief, etc., which are quoted in this Act, by the time before the each quoted Act is enforced.
Article 3 (Application Example concerning Voting Franchise of Foreigner Holding Permanent Stay Status in Local Election)
The amended provisions of Article 15 (2) 2 shall apply starting with the election that is first held at the expiration of the terms of office after the enforcement of this Act. Article 4 (Special Case concerning Demarcation of Constituency for Autonomous Gu/Si/Gun Council Members)
| (1) | In the election of the autonomous Gu/Si/Gun council members that is first held at the expiration of the terms of office after the enforcement of this Act, the constituency demarcation committee for the autonomous Gu/Si/Gun council members shall submit a draft constituency demarcation to the relevant Mayor/Do governor by 7 months before the election day, notwithstanding the amended provisions of Article 24 (7) and the City/Do council shall vote on a draft Municipal Ordinance by 5 months before the election day. |
| (2) | In case where the City/Do council fails to vote on the draft Municipal Ordinance by the deadline referred to in the provisions of paragraph (1), the Mayor/Do governor shall submit the draft Municipal Ordinance governing the constituency demarcation to the City/Do council within 15 days from the date on which the deadline elapses and the City/Do council shall vote on the draft Municipal Ordinance within15 days from the date on which it is submitted. |
| (3) | In case where the City/Do council fails to vote on the draft Municipal Ordinance by the deadline referred to in the provisions of paragraph (2), the name and district of the constituency and the fixed number of the autonomous Gu/Si/Gun council members shall be determined by the National Election Commission Regulations. |
Article 5 (Transitional Measures concerning Right to Vote and Right to be Elected)
The right to vote and the right to be elected for anyone who commits the crime falling under the amended provisions of Article 18 (1) 3 prior to the enforcement of this Act shall be governed by previous examples. Article 6 (Transitional Measure concerning Refund of Expenses by Person Whose Election is Invalidated)
Anyone who falls under the amended provisions of Article 265-2 due to the act of violation prior to the enforcement of this Act shall be governed by the previous provisions, notwithstanding the amended provisions of this Act. Article 7 (Transitional Measure concerning Penal Provisions)
The application of the penal provisions to any act that is performed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 8 (Transitional Measure concerning Setup of Eup/Myeon/Dong Election Commission)
| (1) | The Eup/Myeon/Dong election commission that is set up by the enforcement of this Act shall be composed of its members within 30 days after the enforcement of this Act. |
| (2) | Any member, any administrative secretary and any clerk of the voting district election commission, who are still working after having been commissioned prior to the enforcement of this Act, shall be all deemed decommissioned on the date of the enforcement of this Act. |
| (3) | Any disposition taken and any act performed by the voting district election commission prior to the enforcement of this Act shall be deemed the disposition taken and the act peformed by the Eup/Myeon/Dong election commission having jurisdiction over the voting district. |
Article 9 (Transitional Measure concerning Residents' Voting)
In case where procedures for the residents' voting provided for in the Residents' Voting Act that applies mutatis mutandis to this Act are already in progress at the time of the enforcement of this Act, the case shall be governed by the previous examples, notwithstanding the amended provisions of this Act.
Article 10 (Model Voting and Ballot Counting Performed by Computerized Organizations)
The National Election Commission may partially computerize the clerical services of the voting and the ballot counting provided for in the provisions of Article 278 as a model case in parallel with the current methods of managing the voting and the ballot counting in the election that is held at the expiration of the terms of office on and after the enforcement of this Act. Article 11 Omitted.
Article 12 (Relation to Other Acts)
ADDENDA<Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 41 Omitted.
ADDENDA<Act No. 7850, Mar. 2, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Seats for City Council Members of Local Constituencies)
Number of seats for the City Council members to be elected in Buk-Gu and Haeundae-Gu, Busan Metropolitan City, and Seo-Gu, Incheon Metropolitan City, notwithstanding the provisions under Article 22 (1), shall be four for each Gu. Article 3 (Transitional Measures concerning Submitting Certificate of Payment and Deferred Payment of Aggregate Land Taxes)
Notwithstanding the amended provisions of this Act, submission of certificates of payment and deferred payment of the aggregate land taxes under the Local Tax Act before amended by Act No. 7332, Jan. 5, 2005 shall be subject to the previous examples.
Last updated : 2009-07-26