CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to expand the direct participation of residents in local autonomy and enhance the democracy and accountability of local administration by stipulating the persons entitled to petition for the vote, requirements, procedures, and effects of recall by residents under Article 25 of the Local Autonomy Act. <Amended on May 11, 2007; Jan. 12, 2021>
| Article 2 (Management of Affairs of Resident Recall Voting) |
| (1) | The affairs of resident recall voting shall be managed by the election commission attending to the election affairs of the heads of the relevant local governments and local council members in the constituency pursuant to Article 13 (1) of the Public Official Election Act (hereinafter referred to as the "competent election commission"). |
| (2) | Article 13 (3) through (6) of the Public Official Election Act shall apply mutatis mutandis where the competent election commission manages the affairs concerning resident recall voting pursuant to paragraph (1). In such cases, "election management" shall be construed as "management of resident recall voting"; "election" as "resident recall voting”; and "election affairs" and "election affairs of each constituency" shall each be construed as "affairs of resident recall voting". |
| Article 3 (Right to Vote on Resident Recall) |
| (1) | Any person to whom any of the following subparagraphs is applicable as of the base date for preparation of the resident recall voter list under Article 4 (1) shall have a right to vote on the resident recall: |
| 2. | An alien of 19 years of age or older for whom three years have passed since the date on which he or she acquired the status of stay for permanent residency under Article 10 of the Immigration Act and who is registered on the registry of foreigners in the jurisdiction of the relevant local government under Article 34 of that Act. |
| (2) | The age of the eligible resident recall voter shall be calculated as of the date of the resident recall voting. |
| Article 4 (Preparation and Finalization of Resident Recall Voter List) |
| (1) | When a resident recall voting is to be held, a resident recall voter list shall be prepared within five days from the base date of preparation of a resident recall voter list (referring to the date of proposal for a resident recall voting under the provisions of Article 12). |
| (3) | Chapter V of the Public Official Election Act (excluding matters regarding shipboard voting) shall apply mutatis mutandis to the preparation and finalization of a resident recall voter list under paragraph (1), procedures for the abode ballot report under paragraph (2), preparation of a list of reported abode voters, etc. In such cases, where the representative of petitioners for resident recall voting under Article 9 and the persons subject to the resident recall voting under Article 12 (2) request the copy of the resident recall voter list (including the list of reported abode voters) or copies of computerized data thereof, it shall be done no later than the day following the commencement date of the period of resident recall voting campaign under Article 18 (1). <Amended on Dec. 8, 2020> |
| Article 5 (Guaranteeing the Exercise of the Right to Vote on Resident Recall and Publicity and Guidance for Resident Recall Voting) |
| (1) | The State and local governments shall take measures necessary to ensure that eligible resident recall voters can exercise their right to vote on resident recall. |
| (2) | To ensure the participation of resident recall voters in voting, the competent election commission may formulate and implement necessary measures, such as providing transportation convenience to resident recall voters who live in transportation-challenged areas or have limited mobility, such as the elderly or persons with disabilities, or installing facilities for convenient access to the polling station. <Newly Inserted on Dec. 8, 2020> |
| (3) | The time necessary for a public official, student, or a person employed by another to inspect the resident recall voter list or cast a ballot shall be guaranteed and shall not constitute a day off or closure of business. <Amended on Dec. 8, 2020> |
| (4) | The competent election commission shall, under its supervision, provide necessary guidance and publicity on participation in the resident recall voting, voting methods, and other information on the resident recall voting by such means as documents, drawings, facilities, newspapers, and broadcasting. <Amended on Dec. 8, 2020> |
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, such as the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, this Act shall apply to the recall of elected officials.
CHAPTER II PETITION FOR RESIDENT RECALL VOTING
| Article 7 (Petition for Resident Recall Voting) |
| (1) | A person to whom Article 3 (1) 1 or 2 is applicable as of December 31 of the previous year and who is registered in the resident registration card or foreigner registration card (hereinafter referred to as "person entitled to petition for resident recall voting") may petition the competent election commission to hold a resident recall voting on the head of the relevant local government and members of the local council (excluding City/Do council members for proportional representative constituency and autonomous Gu/Si/Gun council members for proportional representative constituency; hereinafter referred to as "elective local public servant") by specifying the reason for the recall in writing with the signatures of residents as follows: |
| 1. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as "Mayor/Do Governor"): At least 10/100 of the total number of persons entitled to petition for resident recall voting in the relevant local government; |
| 2. | The head of a Si/Gun/autonomous Gu: At least 15/100 of the total number of persons entitled to petition for resident recall voting in the relevant local government; |
| 3. | City/Do council members for local constituency (hereinafter referred to as "local constituency City/Do council members") and autonomous Gu/Si/Gun council members for local constituency (hereinafter referred to as "local constituency autonomous Gu/Si/Gun council members"): At least 20/100 of the total number of persons entitled to petition for resident recall voting within the constituency of the relevant local council members; |
| (2) | In petitioning for the resident recall voting on the Mayor/Do Governor pursuant to the provisions of paragraph (1), if the total number of the Si/Gun/autonomous Gu in the district under the jurisdiction of the relevant local government is three or more, the signatures of at least the number prescribed by the Presidential Decree within the range of 5/10,000 to 10/1,000 of the total number of persons entitled to petition for resident recall voting in at least one-third of the Si/Gun/autonomous Gu shall be obtained each: Provided, That where the total number of the Si/Gun/autonomous Gu in the jurisdiction of the relevant local government are two, the signatures of at least 1/100 of the total number of persons entitled to petition for resident recall voting shall be obtained each. |
| (3) | In petitioning for the resident recall voting on the head of a Si/Gun/autonomous Gu and the local constituency local council members (referring to the local constituency City/Do council members and the local constituency autonomous Gu/Si/Gun council members; hereinafter the same shall apply) pursuant to paragraph (1), if the number of the Eup/Myeon/Dong in the constituency for the relevant head of Si/Gun/autonomous Gu or the relevant local constituency local council members is three or more, the signatures of at least the number prescribed by the Presidential Decree within the range of 5/10,000 to 10/1,000 of the total number of persons entitled to petition for resident recall voting in at least one-third of the Eup/Myeon/Dong shall be obtained each: Provided, That if the number of the Eup/Myeon/Dong in the constituency for the relevant head of Si/Gun/autonomous Gu or the relevant local constituency local council members is two, the signatures of at least 1/100 of the total number of persons entitled to petition for resident recall voting shall be obtained each. |
| (4) | The total number of persons entitled to petition for resident recall voting shall be calculated based on the resident registration cards and the foreigner registration cards as of December 31 of the previous year. |
| (5) | The head of a local government shall publish the total number of persons entitled to petition for resident recall voting calculated pursuant to paragraph (4) by January 10 each year. |
| Article 8 (Restriction Period for Petitions for Resident Recall Voting) |
Notwithstanding Article 7 (1) through (3), a resident recall voting may not be petitioned for in any of the following cases: | 1. | Where less than one year has passed since the beginning of the elective local public servant's term of office; |
| 2. | Where an elective local public servant's term of office is less than one year from expiration; |
| 3. | Where it is within one year of the date of the resident recall voting for the elective local public servant. |
| Article 9 (Signature Solicitation) |
| (1) | A representative of petitioners for resident recall voting (hereinafter referred to as the “recall petitioners’ representative") and a person who has been delegated the right to solicit signatures by the recall petitioners’ representative in writing may solicit persons entitled to petition for resident recall voting to sign using a list of signatures of recall petitioners (hereinafter referred to as the "recall petitioners’ signature list") that contains the reasons for the petition for the resident recall voting and has been certified and issued by the competent election commission during the signature solicitation period prescribed by Presidential Decree. In such cases, the period during which signing is restricted pursuant to Article 10 shall not be counted as part of the signature solicitation period. |
| (2) | Whenever wishing to delegate the right to solicit signatures, the recall petitioners’ representative shall report to the competent election commission, stating the personal information, etc. |
| (3) | If a person who signed the recall petitioners’ signature list intends to withdraw his or her signature, the person shall do so before the recall petitioners’ signature list is submitted to the competent election commission. In such cases, the recall petitioners’ representative shall delete that signature from the recall petitioners’ signature list immediately. |
| Article 10 (Restrictions on Signature Solicitation) |
| (1) | When an election pursuant to the Public Official Election Act is held for all or part of the constituency of an elective local public servant, the recall petitioners’ representative and a person delegated by the recall petitioners’ representative in writing to solicit signatures (hereinafter referred to as the "recall petitioners’ representative, etc.") may not solicit signatures in the constituency from 60 days before the election date to the election date. |
| (2) | A person who falls under any of the following subparagraphs may not become the recall petitioners’ representative, etc. and may not perform the signature solicitation or otherwise engage in the signature solicitation, such as planning and leading it: <Amended on Jul. 21, 2011; Jan. 26, 2012> |
| 1. | Persons who do not have the right to vote on resident recall; |
| 3. | Persons who have a public official status pursuant to other statutes and regulations; |
| 5. | Persons who intend to become a candidate in an election for an elective local public servant (hereinafter referred to as "candidate-to-be"), the family members of the candidate-to-be (referring to the spouse, lineal ascendants, or descendants of the candidate-to-be and his or her spouse, and spouses of the lineal descendants and siblings of the candidate-to-be), and the executives and employees of institutions, organizations, and facilities established or operated by them. |
| (3) | No person may solicit signatures except the recall petitioners’ representative, etc., and no person may obtain a signature on an uncertified recall petitioners’ signature list. |
| (4) | No person may solicit signatures using printed materials, facilities, or other methods unless the recall petitioners’ representative, etc. presents the recall petitioners’ signature list or orally explains the purpose or reason for the resident recall voting. |
| Article 11 (Dismissal of Petitions for Resident Recall Voting) |
The competent election commission shall dismiss a petition for resident recall voting filed by a recall petitioners’ representative pursuant to Article 12 (1) of the Residents' Voting Act that applies mutatis mutandis by Article 27 (1), if any of the following cases is applicable to the petition. In such cases, the competent election commission shall notify the recall petitioners’ representative of the reason and publish it: | 1. | Where the total number of valid signatures [including corrected signatures if a correction is requested pursuant to Article 12 (7) of the Residents’ Voting Act that applies mutatis mutandis by Article 27 (1)] does not meet the requirements of Article 7 (1) through (3); |
| 2. | Where the petition is made within the restriction period for petitions for resident recall voting under Article 8; |
| 3. | Where a written petition for a resident recall voting (hereinafter referred to as "written petition") and a recall petitioners’ signature list are submitted after the lapse of the period under Article 12 (1) of the Residents' Voting Act that applies mutatis mutandis by Article 27 (1); |
CHAPTER III EXECUTION OF RESIDENT RECALL VOTING
| Article 12 (Initiation of Resident Recall Voting) |
| (1) | If the competent election commission recognizes the legitimacy of a petition for resident recall voting under Article 7 (1) through (3), it shall publish the gist of the petition without delay and notify the recall petitioners’ representative and the relevant elective local public servant of the fact. |
| (2) | When the competent election commission intends to initiate resident recall voting on an elective local public servant who has been notified pursuant paragraph (1) (hereinafter referred to as the "person subject to the resident recall voting"), it shall initiate the resident recall voting by publicly announcing the date of the resident recall voting and the proposal for the resident recall voting (including the summary of the written petition) within seven days from the date when the period for the person subject to the resident recall voting to submit the summary of explanation or written explanation under Article 14 (2) has expired. |
| Article 12-2 (Official Gazette for Resident Recall Voting) |
| (1) | The competent election commission shall publish at least once a booklet-type official gazette of the resident recall voting that contains the details of the resident recall voting, opinions on the matters put to the resident recall voting and their reasons, voting procedures, and other necessary matters. |
| (2) | When the competent election commission issues a booklet-type official gazette of the resident recall voting pursuant to paragraph (1), it shall also issue a version for resident recall voters with visual disabilities (referring to resident recall voters who are registered as persons with visual disabilities pursuant to Article 32 of the Act on Welfare of Persons with Disabilities): Provided, That this can be replaced by displaying a printed accessibility barcode on the book-let type official gazette by which its details can be printed out in audio, braille, etc. |
| (3) | Other matters necessary for the standard, method of preparation, timing of distribution, etc. of the official gazette of the resident recall voting shall be determined by the National Election Commission Regulation. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 13 (Implementation of Resident Recall Voting) |
| (1) | The date of the resident recall voting shall be set by the competent election commission within a range of at least 20 days and up to 30 days from the date of the public announcement under Article 12 (2): Provided, That the resident recall voting shall not be held if a vacancy occurs because the person subject to the resident recall voting has voluntarily resigned, lost eligibility for election, or died. |
| (2) | Notwithstanding the provisions of paragraph (1), if any of the following votes or elections is due within 90 days after the date of public announcement of the resident recall voting under Article 12 (2), the resident recall voting may be merged with it or held at the same time: |
| 2. | Elections, re-elections, and by-elections (excluding the elections of the President and the National Assembly) under the Public Official Election Act; |
| 3. | Resident recall voting on the same or another elective local public servant. |
| Article 14 (Guarantee of Opportunity for Explanation) |
| (1) | When the competent election commission recognizes that a petition for resident recall voting under Article 7 (1) through (3) is legitimate, it shall request the person subject to the resident recall voting to explain his or her position in writing without delay. |
| (2) | The person subject to the resident recall voting who receives a request for explanation pursuant to paragraph (1) shall submit a summary of the explanation and a written explanation (including explanation materials stating the necessary materials) within 500 characters to the competent election commission within 20 days from the date of receiving the request. In such cases, if the person fails to submit the written explanation or the summary of explanation, he or she shall be deemed to have nothing to explain. |
| (3) | When publicly announcing the date of the resident recall voting and the proposal for the resident recall voting pursuant to Article 12 (2), the summary of explanation under paragraph (2) shall be announced together. |
| Article 15 (Form of Resident Recall Voting) |
| (1) | The resident recall voting shall be an up-or-down vote. |
| (2) | When there are two or more persons subject to the resident recall voting in the same jurisdiction of a local government, the competent election commission may implement the resident recall voting on a single ballot in the form prescribed in paragraph (1) for each person. |
| Article 16 (Areas for Resident Recall Voting) |
| (1) | A resident recall voting on the head of a local government shall be held for the entire jurisdiction of the local government. |
| (2) | Resident recall voting on a local constituency local council member shall be held for the local constituency of the local council member. |
| Article 17 (Principles of Resident Recall Voting Campaign) |
In this Act, the term "resident recall voting campaign" refers to an act in favor of or against a matter that has been or will be put to the resident recall voting: Provided, That none of the following acts shall be considered as a resident recall voting campaign:
| 1. | Simply commenting and expressing opinions on matters that have been or will be put to the resident recall voting; |
| 2. | Preparing for the resident recall voting campaign. |
| Article 18 (Period of Resident Recall Voting Campaign and Persons Prohibited from Participating in Resident Recall Voting Campaign) |
| (1) | The resident recall voting campaign may be conducted from the day after the date of the public announcement of the resident recall voting under Article 12 (2) until the day before the voting date (hereinafter referred to as the "period of the resident recall voting campaign"). |
| (2) | Notwithstanding paragraph (1), if resident recall voting is held pursuant to Article 13 (2), the period of the resident recall voting campaign shall be from the 25th day before the date of the resident recall voting until the day before the voting date. |
| (3) | A person who falls under any of the subparagraphs of Article 60 (1) of the Public Official Election Act may not participate in resident recall voting campaign: Provided, That this shall not apply to the person subject to the resident recall voting. |
| Article 19 (Method of Resident Recall Voting Campaign) |
| Article 20 (Restrictions on Resident Recall Voting Campaign) |
| (1) | No person shall engage in resident recall voting campaigns by any means during the period of the resident recall voting campaign, except for the establishment of campaign organizations in accordance with the Public Official Election Act that applies mutatis mutandis by this Act, newspaper advertisements, speeches and interviews in public places, interviews and debates invited by media organizations, campaigning using information and communications networks and Internet advertisements, publication and distribution of official gazettes for resident recall voting organized by the competent election commission in accordance with Article 17 of the Residents' Voting Act that applies mutatis mutandis by Article 27 (1), and debates held by the Election Broadcasting Debate Committee under Article 8-7 of the Public Official Election Act in the manner prescribed by the National Election Commission Regulation (if a debate cannot be held due to unavoidable reasons, it refers to an indoor joint speech). |
| (2) | When conducting a resident recall voting campaign pursuant to paragraph (1), a person shall not engage in any of the following acts: |
| 6. | Collecting signatures or seals for the purpose of a resident recall voting campaign. |
| (3) | Article 85 of the Public Official Election Act shall apply mutatis mutandis to the prohibition of resident recall voting campaigns using status. In such cases, "election campaign" shall be construed as "resident recall voting campaign". |
CHAPTER IV EFFECT OF RESIDENT RECALL VOTING AND LITIGATION
| Article 21 (Suspension and Acting for Authority) |
| (1) | The person subject to the resident recall voting shall be suspended from exercising his or her authority from the time the competent election commission publicly announces the proposal for the resident recall voting pursuant to Article 12 (2) until the results of the resident recall voting is published pursuant to Article 22 (3). |
| (2) | If the authority of the head of a local government is suspended pursuant to paragraph (1), the Vice Governor or the deputy head of Si/Gun/Gu (hereinafter referred to as "deputy head") shall act pursuant to Article 124 (4) of the Local Autonomy Act applying mutatis mutandis, and if the deputy head is unable to act, Article 124 (5) of the Local Autonomy Act shall apply mutatis mutandis. <Amended on May 11, 2007; Jan. 12, 2021> |
| (3) | A local council member who is suspended from exercising his or her authority pursuant to paragraph (1) may not report his or her parliamentary activities pursuant to Article 111 of the Public Official Election Act during the suspension period: Provided, That they may post the report on the Internet. |
| Article 22 (Finalization of Resident Recall Voting Results) |
| (1) | The resident recall shall be finalized by a vote of at least one-third of the total number of eligible resident recall voters under Article 3 (hereinafter referred to as "eligible resident recall voters") and the approval of a majority of the total valid votes cast. |
| (2) | Votes shall not be counted if the total number of actual voters at the resident recall voting falls short of 1/3 of the total number of eligible resident recall voters. |
| (3) | Upon completion of the counting of votes, the competent election commission shall publish the results without delay and notify the recall petitioners’ representative, the person subject to the resident recall voting, the head of the relevant central administrative agency, the head of the relevant local government (if the head of the local government is the person subject to the resident recall voting, it refers to the deputy head, etc. of the local government acting on his or her behalf pursuant to Article 21 (2)), and the chairperson of the local council (only if the local council member is the person subject to the resident recall voting, and if the chairperson of the local council is the person subject to the resident recall voting, it refers to the vice chairperson of the local council). The same shall also apply if the votes are not counted pursuant to paragraph (2). |
| Article 23 (Validity of Recall Elections) |
| (1) | If the resident recall is finalized pursuant to Article 22 (1), the person subject to the resident recall voting shall cease to hold office from the time the result is published. |
| (2) | A person who loses his or her office pursuant to paragraph (1) may not register as a candidate for the resultant by-election held pursuant to this Act or the Public Official Election Act. |
| Article 24 (Resident Recall Voting Lawsuit) |
| (1) | When disputing the validity of the resident recall voting, the person subject to the resident recall voting or an eligible resident recall voter (who shall obtain at least 1/100 of the total number of eligible resident recall voters) may file a complaint with the election commission of the Special Metropolitan City or the Metropolitan City/Do in the case of resident recall voting on a local constituency City/Do council member, a local constituency autonomous Gu/Si/Gun council member, or the head of Si/Gun/autonomous Gu and with the National Election Commission in the case of resident recall voting on a Mayor/Do Governor, the respondent being the chairperson of the competent election commission, within 14 days from the date of publication of the result of the resident recall voting under Article 22 (3). |
| (2) | A petitioner who is dissatisfied with a decision on a complaint under paragraph (1) may file a lawsuit before the high court having jurisdiction over the relevant constituency in the case of resident call voting on a local constituency City/Do council member, a local constituency autonomous Gu/Si/Gun council member, or the head of Si/Gun/autonomous Gu and before the Supreme Court in the case of resident call voting on a Mayor/Do Governor, the defendant being the competent election commission, within 10 days from the date of receipt of the written decision (if he or she fails to receive the written decision, referring to the date the decision period under Article 220 (1) of the Public Official Election Act expires). |
| Article 25 (Restrictions on Implementation of By-Elections) |
| (1) | If a complaint or lawsuit is filed regarding resident recall voting pursuant to Article 24 or a re-voting is held pursuant to Article 26 of the Resident's Voting Act that applies mutatis mutandis by Article 27 (1), a by-election shall be held after the results are finalized. |
| Article 26 (Resident Recall Voting Management Expenses) |
| (1) | The following expenses that are necessary for the management of resident recall voting shall be borne by the relevant local government, but the expenses incurred by the recall petitioners’ representative and the person subject to the resident recall voting shall be borne by each of them: |
| 1. | Expenses for preparing, managing, and conducting the resident recall voting; |
| 2. | Expenses for publishing official gazettes for the resident recall voting, holding debates, etc. and cracking down on illegal resident recall voting campaigns; |
| 3. | Expenses related to complaints and litigation regarding the resident recall voting; |
| 4. | Expenses for sorting out materials on the results of the resident recall voting and for operating the competent election commission and handling affairs thereof to deal with other business affairs of the resident recall voting; |
| (2) | The local government shall pay the expenses under paragraph (1) to the competent election commission within five days from the date the resident recall voting is initiated. |
| (3) | The calculation criteria, payment procedure, payment method, execution, accounting, and refund of expenses for resident recall voting under paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulation. |
CHAPTER V APPLICATION MUTATIS MUTANDIS OF THE RESIDENTS’ VOTING ACT
| Article 27 (Application Mutatis Mutandis of the Residents' Voting Act) |
| (1) | Except as provided in this Act, Articles 3 (2), 4, 10 (1) and (2), 12 (excluding paragraph (8)), 18, 19, 23, and 26 of the Residents' Voting Act shall apply mutatis mutandis to resident recall voting In such cases, "residents' voting administration office" shall be construed as "resident recall voting administration office;” "head of a local government" as "competent election commission;" "residents' voting" as "resident recall voting;” "affairs of residents' voting" as "affairs of resident recall voting;” " "petitioners for residents' voting" as "persons entitled to petition for resident recall voting;" "representative of petitioners for residents' voting” and "representative of petitioners” each as "resident recall voting petitioners’ representative;” "petition for residents' voting" as "petition for resident recall voting;” "written petition for residents' voting” as “written petition for a resident recall voting;” “certificate of the representative of petitioners” as “certificate of the recall petitioners’ representative;” “proposal for residents' voting” as “proposal for resident recall voting;” “ordinance of the local government” and “ordinance of the relevant local government” each as “Presidential Decree;” “Article 9 (2)” in Article 10 (1) of that Act as “Article 7;” “Special Metropolitan City, Metropolitan City, or Do” in Article 12 (1) of that Act as “Mayor/Do Governor;” “autonomous Gu/Si or Gun” as “head of Si/Gun/autonomous Gu, local constituency City/Do council members and local constituency autonomous Gu/Si/Gun council members;” and “the head of a local government shall ... in consultation with the competent election commission” in Article 26 (3) of that Act as “the competent election commission.” <Amended on Dec. 8, 2020> |
| (2) | In applying Article 19 of the Residents' Voting Act mutatis mutandis, a person who lives outside the area where the resident recall voting is held (in the case of resident recall voting on a local constituency local council member, it refers to the jurisdiction of the relevant Gu/Si/Gun) may also vote according to the example of a resident voter, and the voting time for the resident recall voting shall be from 6:00 a.m. to 8:00 p.m. <Amended on Dec. 8, 2020> |
CHAPTER VI PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
| Article 29 (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 30 million won: <Amended on Jun. 9, 2020>
| 1. | A person who offers, expresses an intention to offer, or promises to offer money, goods, means of transportation, entertainment, other economic benefits, or a public or private job to a resident recall voter (including those eligible for registration on the resident recall voter list; hereafter in this Article, the same shall apply) for the purpose of affecting the results of the resident recall voting; |
| 2. | A person who offers, or expresses an intention to offer, or promises to offer money, goods, or other economic benefits to a school or other public institution, social organization, religious organization, labor organization, youth organization, women's organization, senior citizens' organization, veterans' organization, clan organization, or any other institution, organization, or facility for the purpose of using it for the resident recall voting campaign; |
| 3. | A person who offers, or expresses an intention to offer, or promises to offer money, goods, food, or any other economic benefit to a picnic gathering, alumni meeting, social meeting, fraternity gathering, mutual financing society, or any other gathering or event of residents in the constituency for the purpose of using it for the resident recall voting campaign; |
| 4. | A person who instructs, solicits, requests, or arranges for the acts under subparagraphs 1 through 3; |
| 5. | A person who assaults, threatens, or illegally arrests or confines a resident recall voter, or interferes with the freedom of resident recall voting, by any improper means; |
| 6. | A person who opens a ballot box other than in accordance with statues and regulations, or removes, destroys, damages, conceals, or takes a ballot box (including an empty ballot box) or a voting paper in the ballot box; |
| 7. | A person who disseminates false information by means of campaign speech, broadcast, newspaper, telecommunications, magazine, poster, or propaganda document, or possesses a propaganda document containing false information for the purpose of affecting the results of the resident recall voting; |
| 8. | A person who carries money or goods in a divided form to distribute to many resident recall voters, such as wrapped gifts or envelopes containing money for the purpose of affecting the results of the resident recall voting; |
| 9. | A person involved in the preparation of the resident recall voter list who abuses his or her authority to prevent inspection of the resident recall voter list or abandons his or her duties regarding inspection of the list. |
| Article 30 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than three years, or by a fine not exceeding 10 million won:
| 1. | A person who is provided with a benefit or a public or private position under Article 29 (1) 1 through 3 or accepts such offer; |
| 2. | A person who votes, or attempts to vote in the resident recall voting by misrepresenting his or her name, forging or altering an identification certificate, or by other improper means; |
| 3. | A person who fraudulently placed themselves on the resident recall voter list; |
| 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 a resident recall voting campaign, or does other acts leading to an election campaign. |
| (5) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won: |
| 1. | A person who conducts a resident recall voting campaign in violation of Article 20 (1); |
| Article 31 (Penalty Provisions) |
| (2) | Any person who transmits the information for the purpose of a resident recall voting campaign in violation of Article 82-5 of the Public Official Election Act that applies by Article 20 (2) (excluding subparagraph 2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won. |
| Article 32 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won:
| 1. | A person who solicits signatures in violation of Article 10; |
| 2. | A person who conducts a resident recall voting campaign in violation of the restrictions on the resident recall voting campaign under Article 18; |
| 3. | A person who conducts a resident recall voting campaign in violation of Article 20 (2). |
| Article 33 (Penalty Provisions) |
With regard to the provisions of the Public Official Election Act that applies mutatis mutandis by this Act, any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won: <Amended on Jan. 25, 2010>
| Article 34 (Confiscation of Profits) |
Profits received by a person who commits an offense under subparagraphs 1 through 3 of Article 29 shall be confiscated: Provided, That if it is not possible to confiscate all or part of them, the value shall be collected.
| Article 35 (Administrative Fines for Resident Recall Voting) |
| (2) | Except as otherwise provided in this Act, any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who neglects the obligation to report or submit under this Act or the provisions of the Public Official Election Act that applies mutatis mutandis by this Act; |
| 2. | A person who is the head of a school, public office, or other public institution or organization and fails to comply with the election commission's request to provide a venue for the establishment of a polling place or counting station without good cause; |
| 3. | A person who damages or spoils a model voting ballot posted by the election commission; |
| 4. | Deleted. <Jan. 25, 2010> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A person commissioned as a clerk of the resident recall voting, clerk of resident recall voting for absentees, or vote counting clerk, who refuses, abandons, or neglects to perform his or her duties without good cause; |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 36 (Investigation of Crimes of Resident Recall Voting) |
| (1) | Whenever the resident recall voting is held, the competent election commission shall establish a fraud monitoring team for the resident recall voting in the competent election commission from the start date of the signature solicitation period to the date of the resident recall voting, to monitor resident recall voting fraud. |
| (2) | In order to monitor resident recall voting fraud using the Internet, the City/Do election commission shall establish and operate a cyber fraud monitoring team for the resident recall voting during the period specified in paragraph (1). |
| (3) | Except as provided in this Act, the former part of Article 10-2 (2), Article 10-2 (5) through (8), and Article 10-3 of the Public Official Election Act shall apply mutatis mutandis to the monitoring teams under paragraphs (1) and (2). In such cases, "fair election support group" shall be construed as "fraud monitoring team for the resident recall voting"; "cyber fair election support group" as "cyber fraud monitoring team for the resident recall voting"; "election campaign" as "resident recall voting campaign"; and "supervisory affairs of vote rigging of residents" as "monitoring of resident recall voting fraud”.<Amended on Apr. 6, 2018> |
| Article 37 (Protection of Informants of Resident Recall Voting Crimes) |
| Article 262-2 of the Public Official Election Act shall apply mutatis mutandis to the protection of informants who report crimes under Articles 28 through 33 and offenses subject to administrative fines under Article 35. |
| Article 38 (Payment of Monetary Award to Informants of Resident Recall Voting Crimes) |
Election commissions of each level (excluding Eup/Myeon/Dong election commissions; hereafter in this Article the same shall apply) may pay monetary award as prescribed by the National Election Commission Regulation to persons who report crimes under Articles 28 through 33 and offenses subject to the administrative fines under Article 35 before the election commission becomes aware of them.
ADDENDUM <Act No. 7958, May 24, 2006>
This Act shall enter into force one year 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. 9974, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10866, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... (Omitted) ... Article 3 of this Addenda shall enter into force one year after the date of the promulgation. Articles 2 through 4 Omitted.
ADDENDA <Act No. 11212, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... (Omitted) ... Article 3 of this Addenda shall enter into force on August 1, 2019. <Amended on Dec. 11, 2012; Jan. 1, 2014; Dec. 31, 2015; Dec. 30, 2017; Dec. 18, 2018> Articles 2 and 3 Omitted.
ADDENDA <Act No. 15551, Apr. 6, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 17386, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17577, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Official Gazette for Resident Recall Voting)
The amended provisions of Article 12-2 shall begin to apply to the resident recall voting for which a petition is filed after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.