RESIDENTS' VOTING ACT
Act No. 7124, Jan. 29, 2004
Amended by Act No. 8423, May 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9468, Feb. 12, 2009
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14192, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 16883, Jan. 29, 2020
Act No. 17893, Jan. 12, 2021
Act No. 18849, Apr. 26, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning objects, proposers, requirements for proposal, procedures for residents' voting under Article 18 of the Local Autonomy Act to ensure a direct participation of residents in making primary decisions of local governments, thereby enhancing democracy in and accountability of administration of local autonomy and promoting welfare of residents. <Amended on May 11, 2007; Jan. 12, 2021>
| Article 2 (Guarantee of Residents' Voting Right) |
| (1) | The State and local governments shall take necessary measures so that resident voters may exercise their voting right. |
| (2) | The State or local governments shall take necessary measures, such as offering relevant information in foreign languages as well as in Korean, so that overseas Koreans or foreigners who are given voting right may participate in the residents' voting pursuant to Article 5 (1). <Newly Inserted on Feb. 12, 2009> |
| (3) | Time required for public officials, students or those employed by others to read a pollbook or cast a ballot shall be guaranteed, and shall not be deemed a holiday or leave. <Amended on Feb. 12, 2009> |
| Article 3 (Administration of Affairs of Residents' Voting) |
| (1) | Except as otherwise provided in this Act, the affairs of residents' voting of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") shall be managed by a City/Do election commission; and those of a Si/Gun or a Gu (Gu means an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") by a Gu/Si/Gun election commission. <Amended on Apr. 26, 2022> |
| (2) | Where an administrative agency or other public agencies receive a request for cooperation on the affairs of residents' voting from a residents' voting administration office, it shall take priority in complying with such request. |
| Article 4 (Offering of Information) |
| (1) | The head of a local government shall offer various information and materials concerning residents' voting through diverse means, such as a public gazette of a local government, daily newspapers, the Internet, etc. so that residents may make a correct and objective judgment and reasonable decision in connection with residents' voting. |
| (2) | An election commission which manages the affairs of residents' voting pursuant to Article 3 (1) (hereinafter referred to as "competent election commission") shall hold a briefing session, debate, etc. in order to offer information on residents' voting. <Amended on Apr. 26, 2022> |
| (3) | Matters necessary for holding a briefing session, debate, etc. under paragraph (2) shall be prescribed by the National Election Commission Rules. <Newly Inserted on Apr. 26, 2022> |
| (4) | When the competent election commission holds a briefing session, debate, etc. under paragraph (2), it shall arrange that those who have different opinions on matters referred to residents' voting may participate equally. <Amended on Apr. 26, 2022> |
| Article 5 (Residents' Voting Rights) |
| (1) | Residents aged at least 18 who fall under any of the following as of the base date of preparation of a pollbook pursuant to Article 6 (1) shall have the residents' voting right: Provided, That those who have no suffrage pursuant to Article 18 of the Public Official Election Act have no residents' voting right: <Amended on Feb. 12, 2009, May 29, 2016; Apr. 26, 2022> |
| 1. | A person who has resident registration in a district over which the local government has jurisdiction; |
| 2. | A foreigner who is qualified for continuous residence in the Republic of Korea (including cases where he or she is qualified for continuous residence by permission for change of qualifications for staying or permission for extension of the period for staying) pursuant to statutes or regulations related to immigration control, and who is prescribed by ordinance of a local government. |
| (2) | The age of resident voters shall be calculated on the basis of a voting day. <Amended on Feb. 12, 2009> |
[Paragraph (1) of this Article was amended by Act No. 9468 (Feb. 12, 2009) following the decision of nonconformity to the Constitution by the Constitutional Court on Jun. 28, 2007.]
| Article 6 (Preparation and Fixation of Pollbook) |
| (1) | When residents' voting is conducted, a pollbook shall be prepared within five days from the base date of preparation of a pollbook (referring to 22 days before a voting day). <Amended on Feb. 12, 2009, May 29, 2016> |
| (2) | Chapter V of the Public Officials Election Act (excluding shipboard voting) shall apply mutatis mutandis to preparation and decision, etc. of a pollbook under paragraph (1). <Amended on May 29, 2016; Apr. 26, 2022> |
| (3) | Deleted. <May. 29, 2016> |
CHAPTER II OBJECTS OF AND PROCEDURES FOR RESIDENTS' VOTING
| Article 7 (Objects of Residents' Voting) |
| (1) | Major decisions of a local government which may impose excessive burdens on, or have a significant impact on, residents may be referred to the residents' voting. <Amended on Apr. 26, 2022> |
| (2) | Notwithstanding paragraph (1), matters referred to in any of the following subparagraphs shall not be referred to the residents' voting: <Amended on May 29, 2016; Apr. 26, 2022> |
| 1. | Matters, in violation of statutes or regulations, or under trial; |
| 2. | Matters falling under the authority of the State or another local government or affairs thereof; |
| 3. | Matters concerning the handling of any of the following affairs conducted by the relevant local government: |
| (a) | Compilation, resolution, and execution of a budget; |
| (b) | Accounting, contracts and property management. |
| 3-2. | Matters concerning the imposition, reduction, or exemption of various public charges, such as local taxes, user fees, commissions, and allotted charges; |
| 4. | Matters concerning the installation and change of administrative organizations and matters concerning the status and remuneration of public officials, such as personnel affairs and fixed number of personnel; |
| 5. | Matters concerning the installation of public facilities in which a representative of residents may participate as a direct decision-making entity under other statutes: Provided, That this shall not apply where a local council requests to conduct residents' voting under Article 9 (5); |
| 6. | Matters in which two years have not passed since the residents' voting was taken on the same matter (including cases where the matter and purpose thereof are identical). |
| Article 8 (Residents' Voting on National Policies) |
| (1) | The head of a central administrative agency may request the heads of the relevant local governments to conduct residents' voting after demarcating districts where residents' voting is to be conducted, when he or she deems it necessary for hearing the opinions of residents on the formulation of national policies, such as the abolition, establishment, division, or consolidation of local governments, the change of the jurisdiction of local governments, and the installation of major facilities. In such cases, the head of the central administrative agency shall preconsult with the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 26, 2022> |
| (2) | When the head of a local government is requested to conduct the residents' voting pursuant to paragraph (1), he or she shall publish it without delay and hear opinions of its local council within 30 days from the publication date. |
| (3) | The head of a local government who hears opinions of a local council pursuant to paragraph (2) shall notify the head of the relevant central administrative agency of the result thereof. |
| (4) | Articles 7, 16, 24 (1), (5) and (6), 25 and 26 shall not apply to residents' voting pursuant to paragraph (1). |
| Article 9 (Requirements to Initiate Residents' Voting) |
| (1) | The head of a local government may conduct residents' voting in any of the following cases; and in cases falling under subparagraph 1 or 2, residents’ voting shall be conducted: <Amended on Apr. 26, 2022> |
| 1. | Where a resident petitions for residents’ voting under paragraph (2); |
| 2. | Where a local council petitions for residents' voting under paragraph (5); |
| 3. | Where the head of a local government deems residents’ voting necessary for hearing the opinions of residents. |
| (2) | Residents aged at least 18 who fall under any subparagraph of Article 5 (1) (excluding those who have no residents' voting right under the proviso, with the exception of the subparagraphs, of that paragraph; hereinafter referred to as "petitioners for residents' voting") may petition the head of a local government for residents' voting with signatures of at least the number of people prescribed by ordinance of the local government, within the range of at least 1/20 but not more than 1/5 of the total number of petitioners for residents' voting: <Amended on Feb. 12, 2009; Apr. 26, 2022> |
| 1. | Deleted; <Feb. 12, 2009> |
| 2. | Deleted. <Feb. 12, 2009> |
| (3) | The total number of petitioners for residents' voting shall be calculated in accordance with resident registration cards and foreigners' registration cards as of December 31 of the preceding year. <Amended on Feb. 12, 2009; May 29, 2016> |
| (4) | The head of a local government shall publish the total number of petitioners for residents' voting calculated pursuant to paragraph (3) by January 10 each year. |
| (5) | A local council may request the head of a local government to take residents' voting with the attendance of a majority of the incumbent members and by consent of not less than 2/3 of the members present. |
| (6) | When the head of a local government intends to conduct residents' voting ex officio, he or she shall obtain attendance of a majority of the incumbent members of the local council and consent from a majority of the members present. |
| Article 10 (Selection of Representative of Petitioners and Solicitation for Signature) |
| (1) | When petitioners for residents' voting intend to petition for residents' voting pursuant to Article 9 (2), they shall select the representative of petitioners for residents' voting (hereinafter referred to as "representative of petitioners"), and the selected representative of petitioners shall file an application for the issuance of a certificate of the representative of petitioners with the head of the local government, stating his or her personal details and the purpose of and grounds for the petition for residents' voting. In such cases, the representative of petitioners may also file an application for the access of the information system under paragraph (4) for requesting digital signature under that paragraph, when applying for the issuance of a certificate of the representative of petitioners. <Amended on Apr. 26, 2022> |
| (2) | Upon receiving an application for the issuance of a certificate of the representative of petitioners under paragraph (1), the head of a local government shall issue a certificate of the representative of petitioners after ascertaining whether such representative is a petitioner for residents' voting and shall publish such fact. In such cases, upon receiving an application for the access of the information system under the latter part of paragraph (1), the head shall also publish the matters specified in paragraph (5). <Amended on Apr. 26, 2022> |
| (3) | The representative of petitioners and a person delegated the right to solicit signatures by the representative of petitioners in writing may solicit residents to sign their names on a petition book during the period of solicitation for signatures prescribed by municipal ordinance of the local government. In such cases, the period during which signatures are restricted pursuant to Article 11 (1) shall not be included in the period of solicitation for signatures. |
| (4) | The representative of petitioners and a person delegated the right to solicit signatures by the representative of petitioners in writing may solicit residents to put their digital signatures defined in subparagraph 2 of Article 2 of the Digital Signature Act in a petition book (hereinafter referred to as "digital petition book") which has been digitally created for residents, through the information system determined by the Minister of the Interior and Safety during the period of solicitation for signatures under paragraph (3), in lieu of signatures under that paragraph. <Newly Inserted on Apr. 26, 2022> |
| (5) | Where the representative of petitioners and a person delegated the right to solicit signatures by the representative of petitioners in writing solicit digital signatures pursuant to paragraph (4), they may inform residents of the following: <Newly Inserted on Apr. 26, 2022> |
| 1. | The website address of the information system on which digital signature can be put; |
| 2. | How to put digital signatures and how to withdraw digital signatures pursuant to paragraph (7). |
| (6) | When a person who has signed his or her name on a petition book intends to withdraw his or her signature, the person shall withdraw his or her signature before such book is submitted to the head of the relevant local government. In such cases, the representative of petitioners shall delete that signature from the book without delay. <Amended on Apr. 26, 2022> |
| (7) | Notwithstanding paragraph (6), where a person who has put his or her digital signature in a digital petition book pursuant to paragraph (4) intends to withdraw his or her digital signature, he or she shall withdraw it in person through the information system referred to in paragraph (4) before the representative of petitioners requests the head of the relevant local government to utilize the digital petition book. <Newly Inserted on Apr. 26, 2022> |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the issuance of a certificate of the representative of petitioners, the solicitation of signatures (including digital signatures under paragraph (4); hereafter in Articles 11, 12, 12-2, 29, and 30, the same shall apply), and the preparation, etc. of a petition book (including a digital petition book; hereinafter the same shall apply) shall be prescribed by ordinance of the relevant local government. <Newly Inserted on Apr. 26, 2022> |
[Enforcement Date: Apr. 27, 2023] The latter part of Article 10 (1), the latter part of Article 10 (2), Articles 10 (4), 10 (5), 10 (6), 10 (7), and 10 (8)
| Article 11 (Restrictions on Activities of Soliciting Signatures) |
| (1) | When an election under the Public Official Election Act is held for the whole or part of a district over which a local government has jurisdiction, no signature shall be solicited in the election district within 60 days before an election day of such election. <Amended on May 29, 2016> |
| (2) | No public official (excluding a member of the local council concerned) shall be the representative of petitioners, or conduct activities of soliciting signatures, or participate in such activities, such as planning or leading the activities of request for signatures. |
| (3) | Any person who is not the representative of petitioners or not those delegated the right to solicit signatures by the representative shall not solicit signatures. |
| Article 12 (Examination and Confirmation of Petition Book) |
| (1) | The representative of petitioners shall submit a written petition for residents' voting and a petition book (in cases of a digital petition book, submitting means that the representative of petitioners requests the head of the relevant local government to utilize the digital petition book in person) to the head of the relevant local government within 10 days from the expiration date of the period of solicitation for signatures pursuant to Article 10 (3) in cases of a City/Do, and within five days in cases of a Si/Gun/Gu. <Amended on Apr. 26, 2022> |
| (2) | Any signature falling under any of the following subparagraphs shall be null and void: <Amended on May 29, 2016> |
| 1. | A signature of a person who is not a petitioner for residents' voting; |
| 2. | A signature which is illegible to identify whose signature it is; |
| 3. | A signature written at the request of a person without the right to solicit signatures; |
| 4. | Where the same person has written not less than two valid signatures on the same matter, the remaining signature excluding one signature among them; |
| 5. | A signature written during a period other than the period of solicitation for signatures pursuant to Article 10 (3) or a signature written during the period of solicitation for signatures is restricted pursuant to Article 11 (1); |
| 6. | A signature procured by coercion, fraud or other unlawful means; |
| 7. | A signature in violation of methods and procedures prescribed by municipal ordinance of the local government by delegation under this Act. |
| (3) | When a written petition for residents' voting and a petition book have been submitted pursuant to paragraph (1), the head of a local government shall publish such request for residents' voting without delay and keep a petition book (in cases of a digital petition book, referring to its printed version) or copy thereof in a place open to the public for seven days so that residents may read such. <Amended on Apr. 26, 2022> |
| (4) | Any person who has an objection to a signature on a petition book may file an objection with the head of the local government in writing within the period for public inspection pursuant to paragraph (3). |
| (5) | When an objection is filed pursuant to paragraph (4), the head of a local government shall examine such within 14 days from the date when the period for public inspection pursuant to paragraph (3) expires, and notify a demurrant and the representative of petitioners of the result thereof without delay. |
| (6) | When deemed necessary in connection with a formal objection pursuant to paragraph (5), the head of a local government may request an interested person to state his or her opinions or bear testimony. |
| (7) | When signatures on a petition book submitted pursuant to paragraph (1) are judged as invalid signatures and fail to meet the requirements pursuant to Article 9 (2), the head of a local government may have the representative of petitioners correct such within the period prescribed by municipal ordinance of the local government. |
| (8) | Where a request for residents' voting pursuant to paragraph (1) falls under any of the following subparagraphs, the head of a local government shall reject such. In such cases, the head of a local government shall notify the representative of petitioners of the grounds therefor and publish the same: <Amended on May 29, 2016> |
| 1. | Where the total number of valid signatures (when a correction is requested pursuant to paragraph (7), including the corrected signatures) fails to meet the requirements pursuant to Article 9 (2); |
| 2. | Where a written request for residents' voting and a petition book have been submitted after the lapse of the period pursuant to paragraph (1); |
| 3. | Where corrections have not been made within the period for correction pursuant to paragraph (7). |
| (9) | Except as provided in paragraph (1) through (8), matters necessary for the petition for residents' voting by residents, such as the methods of submitting petition books, the examination and confirmation of signatures, shall be prescribed by ordinance of the relevant local government. <Amended on Apr. 26, 2022> |
| Article 12-2 (Residents' Voting Petition Deliberative Council) |
| (1) | A deliberative council on petition for residents' voting (hereinafter referred to as "deliberative council") shall be established under the jurisdiction of the head of a local government to deliberate on the following matters relating to residents' voting under Article 9: Provided, That where a committee with characteristics and functions similar to those of a deliberative council has been established in the relevant local government, such committee may act on behalf of a deliberative council as prescribed by ordinance of the relevant local government: |
| 1. | Examination of objections to signatures on a petition book filed pursuant to Article 12 (4); |
| 2. | Verification of valid signatures stated on a petition book pursuant to Article 12 (7) and (8); |
| 3. | Implementation of digital voting and digital ballot counting under Article 18-2 (1); |
| 4. | Any other matter referred to a deliberative council for deliberation as the chairperson of the council deems it necessary. |
| (2) | The Vice Mayor/Vice Governor of a City/Do or the deputy head of a Si/Gun/Gu (hereinafter referred to as the "deputy head of a local government") shall serve as the chairperson of a deliberative council. In such cases, where there are two or more deputy heads of the relevant local government, the person designated by the head of the relevant local government shall serve as the chairperson. |
| (3) | A deliberative council shall consist of at least seven members, including one chairperson and one vice chairperson. In such cases, members who are not public officials shall comprise a majority of the members of the council. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the organization and operation, etc. of a deliberative council shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Apr. 26, 2022]
| Article 13 (Proposal for Residents' Voting) |
| (1) | Where the head of a local government falls under any of the following subparagraphs, he or she shall publish such fact and notify the competent election commission without delay: <Amended on May 29, 2016> |
| 1. | Where he or she has notified the head of a central administrative agency of his or her intention to propose residents' voting pursuant to Article 8 (3); |
| 2. | Where he or she deems a petition for residents' voting pursuant to Article 9 (2) or (5) lawful; |
| 3. | Where he or she has obtained the consent pursuant to Article 9 (6). |
| (2) | The head of a local government shall propose residents' voting by publicly announcing the voting day and the proposal of residents' voting within seven days from the date of publication under paragraph (1) (the period during which residents' voting is prohibited pursuant to paragraph (3) shall not be included): Provided, That where the head of a local government or a local council has decided to accept the purpose of a request for residents' voting, he or she shall not propose residents' voting. <Amended on Apr. 26, 2022> |
| (3) | When an election under the Public Official Election Act is held for the whole or part of a district over which a local government has jurisdiction, the head of a local government shall not propose the residents' voting during the period within 60 days before the election day. <Amended on May 29, 2016> |
| Article 14 (Voting Day of Residents' Voting) |
| (1) | The voting day of a resident's voting shall be the first Wednesday after the 23rd day (the period during which the voting day is not permitted to be fixed pursuant to paragraph (3) shall not be included) from the date the residents' voting is proposed pursuant to Article 13 (2). <Amended on May 29, 2016; Apr. 26, 2022> |
| (2) | Where the voting day provided in paragraph (1) falls on a folk festival day or public holiday closely related with the lives of the people or the day preceding or following the voting day falls on a public holiday, the voting shall be held on the Wednesday of the following week. <Newly Inserted on Apr. 26, 2022> |
| (3) | When an election under the Public Officials Election Act is held for the whole or part of a district over which a local government has jurisdiction, the head of a local government shall not fix a voting day during the period from 60 days before an election day of such election. <Amended on May 29, 2016; Apr. 26, 2022> |
| (4) | When two or more local governments should conduct residents' voting on the same matter, the heads of the relevant local governments shall do so simultaneously, in consultation with each other: Provided, That when they fail to reach an agreement, residents' voting shall be conducted as determined by the Minister of the Interior and Safety in cases of a City/Do, and as determined by the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor in cases of a Si/Gun/Gu. <Amended on Apr. 26, 2022> |
| Article 15 (Form of Residents' Voting) |
Residents' voting shall be conducted in the form of a declaration of intention of ayes or noes on a specific matter or of selecting one of two matters.
| Article 16 (Residents' Voting District) |
| (1) | Residents' voting shall be conducted for the whole district over which a local government has jurisdiction: Provided, That in cases of matters in which only specific areas or residents have interests, the head of a local government may conduct residents' voting for a part of the district under the jurisdiction of the local government, with the consent of the relevant local council. <Amended on Apr. 26, 2022> |
| (2) | When the representative of petitioners requests the head of a local government to issue a certificate of the representative of petitioners pursuant to Article 10 (1), he or she may request the head of the local government to designate a part of the jurisdiction of the local government as a residents' voting district pursuant to the proviso of paragraph (1). <Newly Inserted on Apr. 26, 2022> |
| (3) | Upon receiving a request under paragraph (2), the head of a local government shall designate a residents' voting district with the consent of the relevant local council before issuing a certificate of the representative of petitioners pursuant to Article 10 (2). <Newly Inserted on Apr. 26, 2022> |
| Article 17 (Issuance of Public Gazette for Residents' Voting) |
| (1) | The competent election commission shall issue a public gazette for residents' voting more than once, which reports the details of a proposal for residents' voting, opinions on matters referred to residents' voting and the grounds therefor, procedures for voting and other necessary matters. |
| (2) | The standard for a public gazette for residents' voting, methods of preparation, time of distribution thereof pursuant to paragraph (1) and other necessary matters shall be prescribed by the National Election Commission Regulation. |
| Article 18 (Methods of Vote) |
| (1) | A vote shall be cast by filling in a ballot pursuant to Article 159 of the Public Officials Election Act. <Amended on May 29, 2016> |
| (2) | The vote shall be taken directly or by mail, but only on a one-person one-vote basis. |
| (3) | Affairs of voting and ballot counting may be administered by computerization. In such cases, matters necessary for procedures for and methods of voting and ballot counting by computerization shall be prescribed by the National Election Commission Regulation. |
| (4) | When casting a vote, no one shall make a mark that can identify a voter, such as the name of a voter. |
| Article 18-2 (Voting and Counting by Digital Means) |
| (1) | Notwithstanding Article 18, the head of a local government may conduct voting and ballot counting (hereafter in this Article referred to as "electronic voting") by using the information system prescribed by the National Election Commission Regulation (hereafter in this Article, referred to as "digital ballot counting") in any of the following cases: |
| 1. | Where a request is made by the representative of petitioners; |
| 2. | Where a request is made by the local council; |
| 3. | Where the head of the local government deems it necessary. |
| (2) | The head of a local government shall undergo deliberation by the relevant deliberative council and consultation with the competent election commission on the determination of whether to conduct digital voting or digital ballot counting and the procedures, methods, etc. therefor under paragraph (1). |
| (3) | Where digital voting is conducted pursuant to paragraphs (1) and (2), the head of a local government shall make a public announcement including the following matters, when proposing residents' voting pursuant to Article 13 (2): |
| 1. | The website address of the information system on which digital voting can be conducted; |
| 2. | The methods of digital voting, such as identity verification through identity authentication by means of mobile phone, etc.; |
| 3. | Other matters necessary for digital voting. |
| (5) | No person shall cast a digital vote or influence the results of digital voting by any of the following means: |
| 1. | Means of hacking, computer virus, logic bomb, electronic mail bomb, denial of service, high-power electromagnetic wave, etc.; |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures and methods, etc. of digital voting and digital ballot counting shall be prescribed by the National Election Commission Regulation. |
[This Article Newly Inserted on Apr. 26, 2022]
| Article 19 (Procedures for Voting and Ballot Accounting) |
Chapters 10 and 11 of the Public Official Election Act shall apply mutatis mutandis to administration of voting and ballot counting, such as time of voting, ballots, installation of ballot boxes and ballot counting boxes, procedures for and witnessing of the voting and ballot counting. <Amended on May 29, 2016>
CHAPTER III CAMPAIGN ON RESIDENTS' VOTING
| Article 20 (Principles of Electoral Campaign) |
| (1) | "Electoral campaign" in this Act means activities to have residents approve or disapprove matters referred to residents' voting, or support one of two matters referred to residents' voting: Provided, That a simple statement of his or her views and expression of intention on matters referred to residents' voting shall not be deemed an electoral campaign. |
| (2) | Except the cases where an electoral campaign is prohibited or restricted under this Act or the provisions of other statutes, anyone may freely conduct an electoral campaign. |
| Article 21 (Period for Electoral Campaign and Persons who cannot Conduct Electoral Campaign) |
| (1) | The period of electoral campaign shall be from 21 days before the residents' voting day to the day preceding the residents' voting day. <Amended on Apr. 26, 2022> |
| (2) | None of the following persons shall conduct an electoral campaign: <Amended on May 29, 2016; Apr. 26, 2022> |
| 1. | A person who has no residents' voting right; |
| 2. | A public official (excluding a member of the local council concerned); |
| 3. | A member at various levels of election commission; |
| 4. | A person who runs a broadcasting business (in cases of a business using a broadcasting channel, limited to a business using a broadcasting channel making specialized programming on news) under the Broadcasting Act, or who is a regular employee thereof, engaged in editing, production, collecting news, writing or reporting news; |
| 5. | A person who publishes or runs newspaper, online newspaper, or online news which shall be registered Article 9 of the Act on the Promotion of Newspapers and periodicals which shall be registered under Article 15 and 16 of the Act on Promotion of Periodicals, including Magazines (excluding newspaper, online newspaper, online news, or periodicals published not more than once a quarter, or published for no purpose of news, comments on politics or formation of public opinion, such as school newspapers, other pure academic journals and information journals on specialized fields), or who is a regular employee thereof, engaged in editing, collecting news, writing or reporting news; |
| 6. | The heads of Tong/Ri/Ban. |
| Article 22 (Restrictions on Electoral Campaign) |
| (1) | No one shall conduct an electoral campaign by any of the following methods: <Amended on May 29, 2016> |
| 1. | House-to-house canvassing at night or an outdoor rally at night; |
| 2. | Receiving signatures and seals for the purpose of an electoral campaign; |
| (2) | Periods during which a house-to-house canvass at night and an outside rally at night are prohibited pursuant to paragraph (1) 1 shall be prescribed by ordinance of the local government. |
| Article 23 (Suspension of or Warning to Unlawful Electoral Campaign) |
When a member or an employee of the competent election commission finds an offense against this Act or the National Election Commission Regulation by delegation of this Act, he or she shall issue a suspension, warning or corrective order, and when such offense seriously compromises the fairness of voting or an offender fails to obey suspension, warning or corrective orders, he or she shall request the competent investigative authorities to investigate the offender or shall accuse the offender.
CHAPTER IV VALIDITY OF RESIDENTS' VOTING
| Article 24 (Decision of Result of Residents' Voting) |
| (1) | Matters referred to the Residents' voting shall be decided by vote of at least 1/4 of the total number of resident voters and by obtaining votes of a majority of the number of valid votes: Provided, That it shall be deemed to have decided not to accept both ayes and noes, nor chose both matters subject to choice between two things in any of the following cases: <Amended on May 29, 2016; Apr. 26, 2022> |
| 1. | Where the total number of votes is less than 1/4 of the total number of resident voters; |
| 2. | Where the number of valid votes on matters referred to residents' voting are evenly divided. |
| (2) | Deleted. <Apr. 26, 2022> |
| (3) | When ballot counting is completed, the competent election commission shall publish the result thereof and then notify the head of the relevant local government, without delay. <Amended on Apr. 26, 2022> |
| (4) | When the head of a local government is notified of the result of residents' voting pursuant to paragraph (3), he or she shall notify a local council thereof, and in cases of residents' voting concerning national policies pursuant to Article 8, he or she shall notify the head of the relevant central administrative agency of the result of the residents' voting. |
| (5) | The head of a local government and a local council shall take necessary administrative and financial measures according to the details decided as a result of the residents' voting. |
| (6) | The head of a local government and a local council shall neither alter matters decided by residents' voting nor make a new decision within two years: Provided, That this shall not apply when the head of a local government and a local council has decided not to accept both ayes and noes or not to choose both matters subject to choice between two things pursuant to the proviso of paragraph (1). |
| Article 25 (Lawsuit of Residents' Voting) |
| (1) | With signatures of at least 1/100 of the total number of resident voters, a resident voter who has an objection to the validity of the residents' voting may file an appeal against the chairperson of the competent election commission with the competent City/Do election commission in cases of a Si/Gun/Gu, and with the National Election Commission in cases of a City/Do, within 14 days from the date the result of the residents' voting is published pursuant to Article 24 (3). <Amended on Apr. 26, 2022> |
| (2) | Where a person who has filed an appeal intends to object a decision on the appeal under paragraph (1), he or she may file a lawsuit against the chairperson of the competent election commission with the Supreme Court in cases of a City/Do, and with the competent high court in cases of a Si/Gun/Gu, within 10 days from the date he or she receives the written decision (when he or she does not receive the written decision, referring to the date the period of decision expires). <Amended on Apr. 26, 2022> |
| (3) | With respect to procedures for a request for judgment and a trial on the residents' voting, the provisions on the head of a local government and members of a local council from Articles 219 through 229 of the Act on the Public Official Election Act shall apply mutatis mutandis, except otherwise prescribed in this Act. <Amended on May 29, 2016> |
| Article 26 (Revoting and Postponement of Voting) |
| (1) | When an irrevocable judgment on the nullification of the whole or part of the residents' voting is made, the head of a local government shall take a revote on ballot boxes nullified, within 20 days from the date of such judgment. In such cases, a voting day shall be announced officially not later than seven days before a voting day at latest. |
| (2) | When the head of a local government takes a vote again pursuant to paragraph (1), unless no specific clear statement exists in such judgment, the head of a local government shall use a pollbook used for the original voting, notwithstanding Article 6. |
| (3) | When the head of a local government cannot conduct or failed to conduct voting due to a natural disaster or any other unavoidable cause, he or she shall postpone voting or redesignate a voting day in consultation with the competent election commission. <Amended on Apr. 26, 2022> |
| (4) | In cases of postponement of voting under paragraph (3), the head of a local government shall publicly announce the name of the relevant residents' voting and reasons for postponement, etc.; and in cases of redesignation of a voting day, he or she shall publicly announce the names of relevant residents' voting, reasons for redesignation, voting day, etc. <Newly Inserted on Apr. 26, 2022> |
| (5) | Where the head of a local government intends to resume the voting postponed pursuant to paragraph (3), he or she shall redesignate a voting day and make a public announcement thereof. <Newly Inserted on Apr. 26, 2022> |
| (6) | In cases of postponement of voting under paragraph (3), the head of a local government shall proceed with voting procedures again from the beginning; and in cases of redesignation of a voting day, he or she shall continue the voting procedures which have already been proceeded. <Newly Inserted on Apr. 26, 2022> |
| (7) | Matters necessary for the revoting under paragraph (1) and the postponement of voting and redesignation of a voting day under paragraph (3) shall be prescribed by the National Election Commission Regulation. <Newly Inserted on Apr. 26, 2022> |
| Article 27 (Expenses for Residents' Voting) |
| (1) | A local government (in cases of the residents' voting on national policies pursuant to Article 8, referring to the State) to which the head of a local government who proposes the residents' voting belongs shall bear expenses referred to in the following subparagraphs required for affairs of the residents' voting: <Amended on May 29, 2016> |
| 1. | Expenses for preparation, administration and execution of the residents' voting; |
| 2. | Expenses for issuance of a public gazette for residents' voting, for holding of a briefing session, etc., and for crackdown on unlawful electoral campaign; |
| 3. | Expenses related to a request for judgment and a trial on residents' voting; |
| 4. | Expenses for sorting out materials on the residents' poll results and for operation of the competent election commission and handling of affairs thereof to deal with other business affairs of the residents' voting. |
| (2) | A local government shall pay expenses pursuant to paragraph (1) to the competent election commission within three days from the proposal day for the residents' voting. |
| (3) | The standard of calculation, procedures for and method of payment, execution, examination of accounts, and refund of expenses for residents' voting pursuant to paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulation. |
CHAPTER V PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on May 29, 2016; Jan. 29, 2020; Apr. 26, 2022>
| 1. | A person who offers money, goods, entertainments and the benefit of assets or a public or private position, or expresses an intention to make such offer or promises such offer, or directs, recommends, requests or arranges such conduct to voters (before preparation of a pollbook, including those qualified for entering on the pollbook) for the purpose of having influence on the result of residents' voting; |
| 2. | A person who commits violence to, threatens or arrests or confines voters illegally, or interferes with freedom of voting of voters by unlawful means; |
| 3. | A person who opens a ballot box, eliminates, destroys, damages, conceals or seizes a ballot box (including an empty ballot box) or ballot papers in a ballot box contrary to statutes or regulations; |
| 4. | A person who spreads false information for the purpose of having influence on the result of residents' voting; |
| 5. | A person who has unfair influence on residents' voting by taking advantage of occupation, religion, education, other special relationship or position; |
| 6. | A person who votes digitally or affects the results of digital voting, in violation of Article 18-2 (5); |
| Article 29 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on May 29, 2016; Jan. 29, 2020>
| 1. | A person who is offered a benefit or a public or private position prescribed in Article 28 (1) 1, or accepts such offer; |
| 2. | A person who casts a vote or intends to cast a vote by false assumption of another's name, forgery or falsification of an identification card, or other unlawful means; |
| 3. | A person who supports, recommends or opposes a specific political party or a person who intends to be a candidate of an election of public officials under the Public Official Election Act by taking advantage of soliciting signatures and an opportunity to conduct an electoral campaign on the residents' voting, or does other acts leading to an election campaign. |
| Article 30 (Penalty Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 29, 2016; Jan. 29, 2020>
| 1. | A person who solicits signatures, in violation of Article 11; |
| 2. | A person who conducts an electoral campaign, in violation of Article 21; |
| 3. | A person who conducts an electoral campaign, in violation of the restrictions on electoral campaign pursuant to Article 22. |
ADDENDA <Act No. 7124, Jan. 29, 2004>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 8423, May 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9468, Feb. 12, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Total Number of Petitioners for Residents' Voting) The head of a local government shall publish the total number of petitioners for the residents' voting calculated pursuant to the amended provisions of Article 9 (3) within one month after this Act enters into force. |
| (3) | (Transitional Measures concerning Residents' Voting in Progress as at the Time This Act Enters into Force) The previous provisions shall apply to residents' voting in progress as at the time this Act enters into force. |
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14192, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Expenses for Residents' Voting)
The amended provisions of Article 27 (1) shall begin to apply to resident’s voting initiated by the head of a local government after this Act enters into force. Article 3 (Transitional Measures concerning Residents’ Voting Right of Reporters on Domestic Place of Residence)
Article 4 (Transitional Measures concerning Preparation of Pollbook for Residents’ Voting in Progress)
Notwithstanding the amended provisions of Articles 6 (1) and 14 (1), the previous provisions shall apply to residents’ voting in progress after being initiated as at the time this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendmentsto the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 16883, Jan. 29, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDA <Act No. 18849, Apr. 26, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following amended provisions shall enter into force on the dates classified as follows:
| 1. | The amended provisions of Articles 4 (3), 7 (1), 12-2, 18-2, 26 (4) through (7), and subparagraph 6 of Article 28: The date six months have elapsed after the promulgation of this Act; |
| 2. | The amended provisions of the latter part of Article 10 (1), the latter part of paragraph (2) of that Article, paragraphs (4) through (8) of that Article, and Article 12 (1) (limited to part concerning a digital petition book), (3) (limited to part concerning a digital petition book), and (9): The date one year has elapsed after the promulgation of this Act. |
Article 2 (Applicability to Petitions for Residents' Voting by Digital Signature)
The amended provisions of the latter part of Article 10 (1), the latter part of paragraph (2) of that Article, paragraphs (4) through (8) of that Article, and Article 12 (1) (limited to part concerning a digital petition book), (3) (limited to part concerning a digital petition book), and (9) shall begin to apply to an application for the issuance of a certificate of the representative of petitioners filed after the enforcement date under subparagraph 2 of Article 1 of the Addenda. Article 3 (Applicability to Request for Residents' Voting District)
The amended provisions of Article 16 (2) and (3) shall begin to apply to an application for the issuance of a certificate of the representative of petitioners filed after this Act enters into force. Article 4 (Applicability to Revoting and Postponement of Voting)
The amended provisions of Article 26 (4) through (7) shall begin to apply to residents' voting proposed after the enforcement date under subparagraph 1 of Article 1 of the Addenda. Article 5 (Special Cases concerning Total Number of Petitioners for Residents' Voting)
Notwithstanding Article 9 (4), the head of a local government shall publish the number of the people who put signatures, calculated under the amended provisions of the main clause, with the exception of the subparagraphs, of Article 5 (1) and Article 9 (2) within seven days from the date this Act enters into force. Article 6 (Transitional Measures concerning Criteria for Age of Resident Voters and Residents' Voting Petitioners)
Notwithstanding the amended provisions of the main clause, with the exception of the subparagraphs, of Article 5 (1) and Article 9 (2), the previous provisions shall apply in any of the following cases: | 1. | Where residents' voting is requested pursuant to Article 8 (1) before this Act enters into force; |
| 2. | Where residents' voting is requested pursuant to Article 9 (5) before this Act enters into force; |
| 3. | Where consent is obtained pursuant to Article 9 (6) before this Act enters into force; |
| 4. | Where an application for the issuance of a certificate of the representative of petitioners is filed pursuant to Article 10 (1) before this Act enters into force. |
Article 7 (Transitional Measures concerning Subject Matters of Residents' Voting)
| (1) | Notwithstanding the amended provisions of Article 7 (1), the previous provisions shall apply in any of the following cases: |
| 1. | Where a request for residents' voting is made pursuant to Article 9 (5) before the enforcement date specified in subparagraph 1 of Article 1 of the Addenda; |
| 2. | Where the consent under Article 9 (6) is obtained before the enforcement date specified in subparagraph 1 of Article 1 of the Addenda; |
| 3. | Where an application for the issuance of a certificate of the representative of petitioners is filed pursuant to Article 10 (1) before the enforcement date specified in subparagraph 1 of Article 1 of the Addenda. |
Article 8 (Transitional Measures concerning Residents’ Voting in Progress)
Notwithstanding the amended provisions of Article 14 (1) and (2), the proviso of Article 16 (1), and Articles 21 (1) and (2) 6, 24 (1) through (3), and 26 (3), the previous provisions shall apply to residents’ voting in progress after being proposed as at the time this Act enters into force. Article 9 Omitted.