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STATUTES

THE REPUBLIC OF KOREA

Volume

ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

Act No. 4739, Mar. 16, 1994

Amended by Act No. 4796, Dec. 22, 1994

Act No. 4947, Apr. 1, 1995

Act No. 4949, May. 10, 1995

Act No. 4957, Aug. 4, 1995

Act No. 5127, Dec. 30, 1995

Act No. 5149, Feb. 6, 1996

Act No. 5262, Jan. 13, 1997

Act No. 5412, Nov. 14, 1997

Act No. 5499, Jan. 13, 1998

Act No. 5508, Feb. 6, 1998

Act No. 5537, Apr. 30, 1998

Act No. 6265, Feb. 16, 2000

CHAPTER Ⅰ GENERAL PROVISIONS

Addenda

Article 1 (Purpose)

The purpose of this Act is to contribute to the development of democratic politics by making sure that an election as prescribed by the Constitution and the Local Autonomy Act is held fairly in accordance with the free will of the people and democratic procedures and by preventing any malpractice related to the election.

Article 2 (Scope of Application)

This Act shall apply to the presidential election, the election of National Assembly members, the election of local council members, and the election of the heads of local governments.

Article 3 (Definition of Elector)

For the purpose of this Act, the term “elector” means a person who has a voting franchise and is registered on the electoral registry.

Article 4 (Basis of Population)

The population constituting a basis of an election affairs management under this Act shall be subject to the recent population statistics surveyed on the basis of resident registration cards as prescribed by the Residents Registration Act. <Amended by Act No. 6265, Feb. 16, 2000>

Article 5 (Cooperation for Election Affairs)

Article 1 ~ 5

A government agency and other public institutions shall, upon being requested by the election commission to cooperate for election affairs, preferentially comply with it. <Amended by Act No. 6265, Feb. 16, 2000>

Article 6 (Guarantee for Exercise of Franchise)

(1) The State shall take necessary measures to enable an elector to exercise his voting franchise.

(2) A public official, a student or a person employed by another shall be guaranteed the time necessary for reading the electoral registry or casting a vote, and it shall not be regarded as a suspension of service or business.

(3) An elector shall faithfully participate in an election and exercise his franchise.

Article 7 (Responsibilities of Political Parties and Candidates, etc. for Fair Competition)

A political party and candidate taking part in an election and a person who canvasses for votes on behalf of a candidate, in conducting an election campaign, shall observe this Act and engage in fair competition, and shall not do anything detrimental to the good public moral and other social orders in supporting, propagandizing, criticizing or opposing the platform and policy of a political party or the political views of a candidate.

Article 6 ~ 7

Article 8 (Responsibilities of Press for Fair Reporting)

A person who manages and controls broadcasting, a newspaper, wire service, magazine or other publications or a person who edits, gathers data, writes or reports, when reporting or commenting on the platform or policy of a political party or political views, or other matters of a candidate (including a person who wishes to be a candidate; the same shall apply hereinafter in this Article) and calling on a representative of a political party, a candidate or his proxy to participate in an interview or discussion and broadcasting or reporting it, shall be fair. <Amended by Act No. 5412, Nov. 14, 1997>

Article 8-2 (Political Broadcast Deliberation Committee)

(1) The Broadcast Committee established by Article 20 of the Broadcasting Act (hereinafter referred to as the “Broadcast Committee”) shall set up a Political Broadcast Deliberation Committee, so as to keep election broadcast impartial, by 120 days before the election day of the election at the expiration of term (in case of the election or re-election due to a vacancy of the President, by 20 days from the time of confirming causes for holding the relevant election), and operate it until 30 days after the election day. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The Political Broadcast Deliberation Committee shall consist of not more than nine members including each person recommended by broadcasting companies [referring to a person operating or managingthe

Article 8 ~ 8-2

broadcasting facilities under Article 70 (1); hereafter in this Article and Article 8-4 the same shall apply], the community of journalism scholars, the Korea Bar Association, journalists’ associations, and volunteer groups, etc. and one recommended by the political parties having negotiating groups in the National Assembly. <Amended by Act No. 6265, Feb. 16, 2000>

(3) No member of the Political Broadcast Deliberation Committee may join a political party.

(4) The Political Broadcast Deliberation Committee shall determine necessary matters to maintain political neutrality, equality, objectivity of election broadcast, and balance in respect of production technology, to redress injuries of rights, and other necessary matters to secure the impartiality of election broadcast, and shall publish them.

(5) The Political Broadcast Deliberation Committee shall inspect whether the election broadcast is impartial, and shall determine thesanctions, etc. pursuant to the provisions of subparagraphs of Article 100 (1) of the Broadcasting Act in case where deemed that the contents of election broadcast were not impartial as a result of inspection, and notify the broadcast committee of these measures, and the broadcast committee shall make, without delay, orders for the notified sanctions, etc. against the broadcasting company which made an election broadcast unfairly. <Amended by Act No. 6265, Feb. 16, 2000>

(6) Where a candidate

Article 8-2

or a person wishing to be a can regards contents of election broadcast unfair from 120 days prior to the election day, he may request the Political Broadcast Deliberation Committee to make corrections, and the latter shall make, without delay, a deliberation and resolution as to the request.

(7) The composition and administration of the Political Broadcast Deliberation Committee, and other necessary matters shall be prescribed by the rules of the Broadcast Committee.

[This Article Newly Inserted by Act No. 5412, Nov. 14, 1997]

Article 8-3 (Election News Deliberation Committee)

(1) The Press Arbitration Committee as referred to in Article 17 of the Registration, etc. of Periodicals Act (hereinafter referred to as the "Press Arbitration Committee") shall set up an election news deliberation committee, so as to keep impartiality of election news (including editorials, comments, advertisements and other contents related to election; hereafter in this Article the same shall apply), by 120 days before the election day of the election at the expiration of term (in case of the election or re-election due to a vacancy of the President, by 20 days from the time of confirming causes for holding the relevant election), and operate it until 30 days after the election day.

(2) The election news deliberation committee shall consist of not more than nine members including each person recommended by the community

Article 8-3

of journalism scholars, the Korea Bar Association, journalists’ associations, and volunteer groups, etc. and one recommended by the political parties having negotiating groups in the National Assembly.

(3) The election news deliberation committee shall inspect whether or not the election news printed on the periodicals as referred to in subparagraph 1 of Article 2 of the Registration, etc. of Periodicals Act [hereafter in this Article and Article 8-4, referred to as the "periodicals"] are impartial, and shall, in case where deemed that the content of election news is unfair as a result of inspection, determine the printing of a letter of apology or a correction report on the relevant news, and notify the Press Arbitration Committee of this printing, and the said Committee shall make, without delay, orders for the printing of the letter of apology or correction report on the relevant news against the publisher of the periodicals which have printed the unfair election news (hereafter in this Article and Article 8-4, referred to as the "press company").

(4) The provisions of Article 8-2 (3), (4) and (6) shall be applicable mutatis mutandis to the election news deliberation committee.

(5) The Press Arbitration Committee shall prescribe matters necessary for the composition and operation of the election news deliberation committee.

[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]

Article 8-3

Article 8-4 (Request for Reporting Objections to Election News)

A candidate (including a person wishing to be a candidate; hereafter in this Article the same shall apply) affected by public accusation against his personal character, biased propaganda of policies, etc. through broadcast or periodicals from 90 days prior to the election day of the election at the expiration of term (in case of the election or re-election due to the vacancy of the President, from the time when the Political Broadcast Deliberation Committee or the election news deliberation committee is established) to the election day, may request in writing for a broadcast of objection news to the broadcasting company which made the relevant broadcast, and for a printing of objection reports to the press company which printed the relevant news, respectively, within 10 days from the day on which he has come to know of the relevant broadcast or printing of news: Provided, That this shall not apply where 30 days elapsed from the day of the relevant broadcast or printing of news.

(2) The broadcasting company or the press company shall, in case where it has received requests under paragraph (1), make, without delay, consultation with a candidate or his proxy as to the content, size, frequency, etc. of objection reports, and shall broadcast the objection reports free of charge within 48 hours from the time of receipt of requests in case of broadcasting, and print the objection news free of charge on the issue next to the same periodicals, for which an editing is not completed, in case of periodicals. In this case, where the next

Article 8-4

issue is to be published and distributed after the election day, in case of periodicals, the objection news shall be printed on the general daily newspaper as referred to in the subparagraph 2 of Article 2 (Definition of Terms) of the Registration, etc. of Periodicals Act to be distributed in the very area wherein the relevant periodicals have been distributed, within 48 hours from the time when the request has been made, and the expenditures therefor shall be borne by the relevant press company: Provided, That it may refuse to make the report where the candidate does not have justifiable interests in the exercise of rights of request for objection news or where the content of objection news requested is evidently contrary to facts or for the purpose of commercial advertisement only.

(3) In case where an agreement is not reached pursuant to paragraph (2), the relevant candidate, broadcasting company, or press company shall, without delay, refer the case in question to the Political Broadcast Deliberation Committee or the election news deliberation committee, and the Political Broadcast Deliberation Committee or the election news deliberation committee shall deliberate on it within 48 hours from the time of reference to make a resolution of rejection, dismissal or acknowledgment, and notify it, without delay, to the relevant candidate, broadcasting company, or press company. In this case, where making a resolution of acknowledgment of objection news, the matters necessary for objection news such as the content, size, frequency and others of objection broadcasting or objection reports shall also be determined.

(4) The provisions

Article 8-4

of Article 91 (2) and (4) through (6) of theBroadcasting Act shall apply mutatis mutandis to the request for broadcast of objections to the election broadcasting, and those of Article 16 (Right of Request for Publication of Objections) (2), (4) through (6) of the Registration, etc. of Periodicals Act to the request for objection reports on election news of the periodicals, respectively.

[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]

Article 9 (Responsibilities of Public Officials for Neutrality)

(1) A public official or a person who is required to maintain political neutrality space (including an agency and organization) shall not exercise any unreasonable influence over the election or do anything that is likely to have an effect on the election result.

(2) Where it is deemed that there is a violation against the provisions of this Act, the public prosecutor (including the military prosecutor) or police officer (including the prosecutory investigator and military judicial policeman) shall crack down on and investigate the violation immediately and fairly.

Article 10 (Drive of Social Organizations for Fair Election)

(1) A social organization, etc. may engage in the drive for a fair election such as monitoring election malpractices: Provided, That an organization falling under any of the following subparagraphs

Article 9 ~ 10

shall not engage in the drive for a fair election under the name of the organization or that of its representative: <Amended by Act No. 6265, Feb. 16, 2000>

1. A national movement organization established under a special Act, which is contributed or subsidized by the State or local government;

2. An organization which is banned from political activities under the Act and subordinate statutes;

3. An organization which is founded or operated by a candidate, a spouse of the candidate, a lineal ascendant, descendant and sibling of the candidate or his spouse, or a spouse of the candidate’s lineal descendant and sibling (hereinafter referred to as a “family member of the candidate”);

4. An organization established for the purpose of supporting a specific political party (including a preparatory committee for formation of a political party; hereinafter in this Article, the same shall apply) or a candidate (including a person who wishes to be a candidate; hereinafter in this Article, the same shall apply); and

5. An association or medical insurance federationestablished under the Medical Insurance Act, and the National Medical Insurance Management Corporation established under the National Medical Insurance Act.

(2) The social

Article 10

organization, etc. shall, when engaging in the drive for a fair election, firmly maintain an impartial position at all times, and shall pay a special attention so as not to allow itself to come to an election campaign for a specific political party or candidate.

(3) Each election commission (excluding the voting district election commission) shall issue a warning, or a suspension or correction order, if the social organization, etc. engages in an unfair activity, and shall take necessary measures, such as pressing a formal charge, if the activity leads to an election campaign, or the suspension or correction order is not complied with.

Article 10-2 (Supervisory Group of Vote Rigging)

(1) The Gu/Si/Gun election commission shall set up a supervisory group of vote rigging in the relevant Gu/Si/Gun election commission in order to make a supervision of vote rigging at each time of election from the commencing date of election period to the election day.

(2) The supervisory group of vote rigging shall consist of members not exceeding 50, from among those who are not members of political parties and are on the neutral and fair positions, and who do not fall under any of the following subparagraphs, including three members respectively recommended by the political parties which have recommended the candidates for the relevant election:

1. Those who belong to the organizations under the proviso of Article

Article 10-2

10 (1); and

2. Those who are barred from an election campaign under the text of Article 60 (1).

(3) The supervisory group of vote rigging may, under the direction of the competent Gu/Si/Gun election commission, collect the evidential data on activities in contravention of this Act, or make the survey activities therefor.

(4) Allowances or actual expenses may be paid, within the limit of appropriated budget, to those belonging to the supervisory group of vote rigging.

(5) The composition and activity processes of the supervisory group of vote rigging, the payment of allowances and actual expenses, and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]

Article 11 (Status Guarantee of Candidates)

(1) A candidate for the presidential election shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for seven or more years, and shall have the call-up for military service postponed, from the time the candidate completes registration until the ballot counting is finished. <Amended by Act No.

Article 11

4949, May 10, 1995>

(2) A candidate for the election of National Assembly members, local council members or the head of a local government shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for five or more years or commits a crime as provided in Chapter 16 Penal Provisions, and shall have the call-up for military service postponed, from the time the candidate completes registration until the ballot counting is finished. <Newly Inserted by Act No. 4949, May 10, 1995>

(3) An election campaign manager, a chief of the election campaign liaison office, an election campaign worker, accountant in charge, election campaign speechmaker, interviewer, or debater, a voting witness, an absentee voting witness, and a ballot-counting witness shall not be arrested or detained unless he is caught red-handed, except when he commits a crime falling under capital punishment or imprisonment with or without prison labor either for life or for three or more years, or commits a crime as provided in Articles 230 through 235, 237 through 259 of this Act, from the time he acquires the relevant statusuntil the ballot counting is finished.

Article 12 (Election Management)

(1) Except as provided otherwise in this Act, the National Election Commission shall control and manage election affairs, and may cancel or change an illegal or unfair disposition taken by a subordinate election commission.

Article 12

(2) The Special Metropolitan City, Metropolitan City and Do (hereinafter referred to as the “City/ Do”) election commission may cancel or change an illegal or unfair disposition taken by a subordinate election commission with respect to an election of local council members and the head of a local government. <Amended by Act No. 4947, Apr. 1, 1995>

(3) The Gu/Si/Gun election commission may cancel or change an illegal or unfair disposition taken by a subordinate election commission with respect to the election concerned.

Article 13 (Constituency Election Management)

(1) An election commission attending to the election affairs of each constituency (hereinafter referred to as an "constituency election commission”) shall be as follows: <Amended by Act No. 6265, Feb. 16, 2000>

1. The constituency election affairs for the presidential election and the election of proportional representative National Assembly members in the national constituency (hereinafter referred to as the "proportional representative National Assembly members") shall be attended to by the National Election Commission;

2. The constituency election affairs for the election of the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do governor (hereinafter referred to as the “Mayor/Do governor”) and the election of proportional representative members of the City/Do council (hereinafter referred to

Article 13

as the "proportional representative members of City/Do council") shall be attended to by the City/Do election commission; and

3. The constituency election affairs for the election of a National Assembly member of a local constituency (hereinafter referred to as a " local constituency National Assembly member"), the election of a City/Do council member of a local constituency (hereinafter referred to as a " local constituency City/Do council member"), the election of an autonomous Gu/Si/Gun council member (hereinafter referred to as an "autonomous Gu/Si/Gun council member"), and the election of the head of autonomous Gu/Si/Gun (hereinafter referred to as the “head of autonomous Gu/Si/Gun) shall be attended to by the Gu/Si/Gunelection commission which has jurisdiction over the relevant constituency [in case where the Gu/Si/Gun election commission is designated to attend to the constituency election affairs as provided in Article 29 (3) of this Act or Article 2 (6) of the Election Commission Act, referring to the Gu/Si/Gun election commission so designated].

(2) For the purpose of paragraph (1), the term “constituency election affairs” means the election affairs to be carried out in the relevant constituency as a unit, such asregistering candidacy and calling a winner.

(3) In case where deemed especially necessary for the election management, a constituency election commission or its immediate superior election

Article 13

commission may, as prescribed by the National Election Commission, adjust the scope of election affairs to be performed by the election commission in the competent constituency in respect to the relevant election, or may have its subordinate election commission or its members attend to the duties of the constituency election commission.

(4) A member of the subordinate election commission attending to the constituency election affairs as provided in paragraph (3) shall not be counted in the quorum of members of the constituency election commission, and may not take part in voting of the constituency election commission.

(5) In case where a Gu/Si/Gun election commission or the voting district election commission becomes unable to carry out its function due to natural disasters or other unavoidable reasons, the immediate superior election commission may directly carry it out, or may have another election commission carry it out, as proxy, until the competent election commission recovers its function. In case where another election commission carries it out as proxy, the scope of the affairs to be carried out as proxy shall be prescribed together with it.

(6) In case where the election affairs are to be carried out as proxy or having others carry it out as proxy under paragraph (5), the acting election commission and the scope of relevant affairs shall be publicly notified without delay, and it shall be reported to the immediate superior election commission.

Article 13

Article 14 (Commencement of Term)

(1) The presidential term shall begin from the day following the expiration date of the term of his predecessor: Provided, That the term of the President elected at the election held after the term of his predecessor expires and at the election held due to vacancy shall begin from the time when the return is determined.

(2) The term of the National Assembly member and local council member (hereinafter referred to as a “member” in this paragraph) shall begin from the day, following the day on which the term of his predecessor by the general election expires: Provided, That the term of the member chosen at an election held after the term of the member begins or at an election for the increased membership of a local council shall begin from the time his election is decided, and shall be the same as the remaining term of his predecessor or a member in the same category.

(3) The term of the head of a local government shall begin from the day, following the day on which the term of his predecessor expires: Provided, That the term of the head of a local government chosen at an election held after the term of his predecessor expires or at a new election held as provided in Article 30 (1) 1 through 3 shall begin from the time his election is decided, and shall be the same as the remaining term of his predecessor or the head of a local government in the same category.

CHAPTER Ⅱ VOTING FRANCHISE AND ELECTORA

Article 14

L ELIGIBILITY

Article 15 (Voting Franchise)

(1) A national of twenty years of age or above shall have a voting franchise for the election of the President and the member of the National Assembly.

(2) A national who is twenty years of age or above and is registered as a resident in the district under jurisdiction of the local government concerned as of the record date of the electoral registry as provided in Article 37 (1) shall have a voting franchise for the election of the local council member and the head of the local government who are to be elected in the district.

Article 16 (Electoral Eligibility)

(1) A national who is forty years of age or above and who has resided in the country for five years or longer as of the election day shall be eligible for election to the Presidency. In this case, if he has been sent to a foreign country in public service or stayed in a foreign country while having a domicile in the Korean territory for a certain period, he shall be deemed to have stayed in the Korean territory for that period. <Amended by Act No. 5262, Jan. 13, 1997>

(2) A national of twenty-five years of age or above shall be eligible for election as a member of the National Assembly.

(3) A national

Article 15 ~ 16

who has registered as a resident in the district under jurisdiction of the local government concerned for sixty consecutive days or longer (from the record date of the electoral registry up to the election day, in case of any person who had been sent to a foreign country for public services and has returned to the Republic of Korea, sixty days before the election day) as of the election day and is twenty-five years of age or above shall be eligible for election as a local council member and the head of a local government. In this case, a period of sixty days shall not be interrupted by establishment, abolition, division, or merger of the local government, or change in the boundary of a district (including a case as provided in Article 28). <Amended by Act No. 5537, Apr. 30, 1998>

(4) In case of paragraph (3), if the office of a local government is located in the territory under jurisdiction of another local government, and thus the head of the local government concerned has registered as a resident of the territory under jurisdiction of another local government, he shall be deemed to have registered as a resident of the territory under jurisdiction of the local government concerned.

Article 17 (Criteria for Calculating Age)

The age of the elector and the person eligible for election shall be calculated as of the election day.

Article 18 (Disfranchised Persons)

(1) A person falling under any of the following subparagraphs, as of the election

Article 17 ~ 18

day, shall be disfranchised:

1. A person who is declared incompetent;

2. A person who is sentenced to imprisonment without prison labor or a heavier punishment, but whose sentence execution has not been terminated or whose sentence execution has not been decided to be exempted;

3. A person who commits an election crime, where five years have not passed since one million won or more fine is sentenced and the sentence becomes final or ten years have not passed since the suspended sentence becomes final, or where ten years have not passed since a prison term is sentenced and the decision not to execute the sentence becomes final or the execution of the sentence is terminated or exempted (including a person whose prison term becomes invalidated); and

4. A person whose voting franchise is suspended or forfeited according to a court ruling.

(2) For the purpose of paragraph (1) 3, the term “person who commits an election crime” means a person who commits a crime as provided inChapter 16 Penal Provisions or a crime in violation of the National Referendum Act.

(3) A person of concurrent crimes who commits an election crime as providedin paragraph (2) and other offences shall be tried and sentenced respectively,despite the provisions of Article 38 of the

Article 18

Criminal Act. <Amndd by Act No. 5412, Nov. 14, 1997>

Article 19 (Persons Ineligible for Election)

A person falling under any of the following subparagraphs, as of the election day, shall be ineligible for election:

1. A person who falls under Article 18 (1) 1, 3, or 4;

2. A person who is sentenced to imprisonment without prison labor or a heavier punishment and whose sentence is not invalidated; and

3. A person whose eligibility for election is suspended or forfeited according to a court ruling or pursuant to other Acts.

CHAPTER Ⅲ ELECTION DISTRICTS AND FULL NUMBER OF MEMBERS

Article 20 (Election Districts)

(1) The President and proportional representative National Assembly members shall be elected in the whole country as a unit, and proportional representative City/Do council members shall be elected in the City/Do concerned as a unit. <Amended by Act No. 6265, Feb. 16, 2000>

(2) Local constituency

Article 19 ~ 20

National Assembly members, local const City/Do council members, and autonomous Gu/Si/Gun council members shall be elected in the constituency of the members concerned as a unit. <Amended by Act No. 6265, Feb. 16, 2000>

(3) The head of a local government shall be elected in the territory under jurisdiction of the relevant local government as a unit.

Article 21 (Full Number of National Assembly Members)

(1) The full number of the National Assembly members, for local constituency members and proportional representatives combined, shall be 273. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The full number of the National Assembly members to be elected in a single local constituency shall be one.

Article 22 (Full Number of City/Do Council Members)

(1) The full number of the City/Do council members in a local constituency shall be two for each autonomous Gu/Si/Gun (meaning a local constituency for a National Assembly member, in a case where one autonomous Gu/Si/Gun is divided into two or more local constituencies for the National Assembly members, and meaning an administrative district, in a case where a local constituency for a National Assembly member does not coincide with an administrative district due to territorial changes in administrative districts) under its jurisdiction.

Article 21 ~ 22

(2) In a case where a Si and a Gun are unified into a Si of the urban and rural complex form under Article 7 (2) of the Local Autonomy Act, the full number of the Do council members in such a unifiedSi, only if an election of the City/Do council members at the expiration of their term takes place for the first time after such unification, shall be two in each Si and Gun before such unification, notwithstanding paragraph (1) above. <Amended by Act No. 5537, Apr. 30, 1998>

(3) In a Metropolitan City and a Do in which the full number of council members calculated in accordance with the criteria as provided in paragraphs (1) and (2) is fewer than 14, the full number shall be 14. <Amended by Act No. 5537, Apr. 30, 1998>

(4) The full number of the proportional representative City/Do council members shall be 10/100 of the full number of the local constituency City/Do council members calculated as provided in paragraphs (1) through (3). In this case, the fraction shall be regarded as one: Provided, That the calculated full number of the proportional representative City/Do council members, if fewer than three, shall be three. <Newly Inserted by Act No. 4947, Apr. 1, 1995>

Article 23 (Full Number of Autonomous Gu/Si/Gun Council Members)

(1) The full number of members of a local council in an autonomous Gu/Si/Gun

Article 23

(hereinafter referred to as an “autonomous Gu/Si/Gun council”), shall be one in each Eup/Myeon/Dong [meaning an administrative Dong as provided in Article 4 (Names and Jurisdiction Districts of Local Governments) (5) of the Local Autonomy Act; hereinafter, the same shall apply] under its jurisdiction: Provided, That a Dong (excluding a Dong in islands) with a population of less than 5,000 shall be unified with an Eup/Myeon/Dong adjacent to its district. <Amended by Act No. 5537, Apr. 30, 1998>

(2) If the full number of council members calculated in accordance with the criteria as provided in paragraph (1) is fewer than seven, the full number shall be seven. <Amended by Act No. 5537, Apr. 30, 1998>

[This Article Wholly Amended by Act No. 4947, Apr. 1, 1995]

Article 24 (Constituency Demarcation Committee)

(1) The Constituency Demarcation Committee shall be established in the National Assembly for the fair demarcation of local constituencies for the National Assembly members.

(2) A member of the Constituency Demarcation Committee shall serve without pay, but he may receive a daily allowance, travel expenses, and other actual expenses.

(3) A government agency or local government, when requested by the Constituency Demarcation Committee to provide materials necessary for

Article 24

constituency demacation activities, shall immediately comply therewith.

(4) The Constituency Demarcation Committee shall prepare a proposal on the demarcation of constituencies in conformity with the criteria as provided in Article 25 (Demarcation of Local Election Districts for National Assembly Members) (1), and submit a report specifying the reason thereof and other necessary matters to the Speaker, at the latest, by one year before the general election is to be held due to the expiration of the term of the competent National Assembly members.

(5) The National Assembly, when revising the provisions concerning the local constituency for a National Assembly member, shall pay attention to the constituency demarcation proposal prepared by the Constituency Demarcation Committee.

(6) Matters necessary for the composition and operation of the Constituency Demarcation Committee shall be prescribed by the National Assembly Regulations.

Article 25 (Demarcation of Local Election Districts for National Assembly Members)

(1) The local constituency for the National Assembly member (hereinafter referred to as the “election district for a National Assembly member”) shall be demarcated in the area under jurisdiction of the City/ Do, in consideration of the population, administrative districts, geographical features, traffic, and other conditions, but a Gu (including an autonomous Gu), Si

Article 25

(meaning a S where a Gu is not established), or Gun (hereinafter referred to as a “Gu/Si/ Gun”) shall not be partly divided and made to belong to another election district for the National Assembly member.

(2) The names and territories of the election districts for the National Assembly members shall be shown in Table 1.

Article 26 (Demarcation of Constituencies for Local Council Members)

(1) The local constituency for a City/Do council member (hereinafter referred to as an “election district for a City/Do council member”) shall be demarcated by dividing the autonomous Gu/Si/Gun (if an autonomous Gu/Si/Gun consists of two or more election districts for the National Assembly members, it refers to the election district for the National Assembly member, and if the election district does not coincide with the administrative district due to a territorial change in the administrative district, it refers to the latter), in consideration of the population, administrative districts, geographical features, traffic, and other conditions, but the full number of the City/Do council members to be elected in an election district for a City/Do council member shall be one and the names and territories of the election districts for the City/Do council members shall be shown in Table 2. <Amended by Act No. 4947, Apr. 1, 1995>

(2) The constituencies for autonomous Gu/Si/Gun council members, shall

Article 26

be demarcated in the Eup/Myeon/Dong (meaning a unified district, in a case where a Dong with a population of less than 5,000 is unified with a Eup/Myeon/Dong adjacent to it) as a unit, but the names and territories of such election districts and the full number of council members in each election district, shall be prescribed by the Municipal Ordinance of a City/Do. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(3) Where the election district for a City/Do council member is demarcated as provided in paragraph (1), one Eup/Myeon/Dong shall not be divided so as to make part of it belong to another election district for the City/Do council member. <Amended by Act No. 4947, Apr. 1, 1995>

Article 27 (Postponement of Election in Case of Change in Election District for National Assembly Members during Term)

Where the election districts for the National Assembly members change according to the revision of Table 1, due to an increase or decrease of the population or change in the administrative districts, the elections in such increased or decreased election districts for the National Assembly members shall not be held until the general election is held at the expiration of the term.

Article 28 (Adjustment of Full Number of Local Council Members during Term)

Where the full number

Article 27 ~ 28

of members, constituencies, or districts change in accordance with an increase or decrease of the population, or a change in the administrative districts, the elections in such increased or decreased constituencies shall not be held until the general election is held at the expiration of the term: Provided, That if the district of the local government is changed, or the local government is established, abolished, divided or merged, the full number of the members of the local council concerned shall be adjusted as provided in the following subparagraphs and an election for the increase in the number of members shall be held in the case as provided in the proviso of subparagraph 3, 5 or 6: <Amended by Act No. 4947, Apr. 1, 1995>

1. If the whole district corresponding to a constituency is integrated into another local government due to a territorial change of local government, the local council member elected in the integrated constituency shall be disqualified for the previous local council member and acquire the qualification for a new local council member, and if part of the district corresponding to a constituency is integrated into another local government, the local council member elected in the constituency to which the integrated area belongs, shall choose the local council to which he will belong within 14 days after the district is changed and report in writing to the local council concerned, and if the chosen local council is not the previous one, he shall be disqualified for the membership of the previous local council and acquire the qualification for a membership of the new local council, but the term of office

Article 28

shall be the same as the remaining period of the previous local council membership and, notwithstanding the provisions of Article 22or Article 23, the number of incumbent members shall be regarded as the full number of the local council members, respectively. In this case, the local council member who has acquired the qualification for the membership of the new local council, if having registered as a resident of the district under jurisdiction of the previous local government, shall register as a resident of the district under jurisdiction of the new local government within 14 days after the territorial change is made, and the local council member, if failing to report the local council to which he will belong within 14 days after the territorial district is made, shall be deemed to have reported to the local council of the local government having jurisdiction over the district of which he is the registered resident, as of the 14th day after the territorial change is made;

2. If two or more local governments are integrated to become a new local government, the previous local council member shall become a local council member of a new local government of the same category and hold office for his remaining term, and during this remaining period, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the full number of council members, respectively;

3. If a local government is divided into two or more local governments, the previous local council member shall become a local council

Article 28

member of the local government having jurisdiction over the constituency at the time of his candidate registration and hold office for his remaining term, and during this remaining term, notwithstanding the provisions of Article 22 or 23, the number of incumbent members shall be the full number of members, respectively. In this case, the proportional representative City/Do council member shall choose the City/Do council to which he would belong and report in writing to the City/Do council concerned within 14 days after the City/Do is divided and established: Provided, That if the number of incumbent council members is fewer than two thirds of the new full number of members as provided in Article 22 or 23, the election shall be held to fill up the number of members to the thirds of the full number;

4. If a City becomes a Metropolitan City, the previous City council member and the Do council member who has been elected in the competent area shall be disqualified for the previous local council membership, respectively, and acquire the qualification for the Metropolitan City council membership, but his term of office shall be the remaining term of the previous Do council member and during this remaining term, notwithstanding the provisions for Article 22, the number of incumbent members shall be the full number of the council members;

5. If a Eup or Myeon becomes aSi, a new Si council shall be constituted, but the number of the council members to be elected in the first election shall be the number resulting

Article 28

from deducti the number of the Gun council members already elected in this area from the full number of members as provided in Article 23, and the previous Gun council member elected in the area concerned shall become the Si council member; and

6. In the case of subparagraph 4, if a Gu which is not an autonomous Gu becomes an autonomousGu, a new autonomous Gu council shall be constituted and the full number of the council members shall be the same as provided in Article 23.

Article 29 (Election of Increased Local Council Members)

(1) The election of increased members as provided in the proviso of subparagraph 3 of Article 28, subparagraph 5 or 6 of Article 28 shall be based on the new constituency demarcated as provided in Article 22 , 23, or 26,but shall be held for the constituency in which there are no previous local council members or the number of the previous local council members falls short of the full number of members in the constituency.

(2) In the constituency demarcation of paragraph (1), the constituency for the previous local council member shall be the constituency having jurisdiction over his domicile at the time of his candidate registration, and if the number of the previous local council members in a newly demarcated constituency exceeds the new full number of council members for the constituency, the number of members, including those in excess of the new full number, shall be the full number of members for the constituency

Article 29

concerned until the general election is held at the expiration of the term, notwithstanding the provisions of Article 22 or 23.

(3) The affairs concerning the election for increased members as provided in paragraph (1), where the Gu/Si/Gun election commission concerned is not established, may be attended to by the Gu/Si/Gun election commission designated by the City/Do election commission or having previously had jurisdiction over the district.

Article 30 (Election in Case of Abolition, Establishment, Division, and Merger of Local Governments)

(1) Where a local government is established, abolished, divided, or merged, the head of the local government concerned shall be elected as follows: <Amended by Act No. 4947, Apr. 1, 1995>

1. Where a newSi, autonomous Gu or Metropolitan City is established, the head of the local government concerned shall be newly elected;

2. Where a local government is divided into two or more local governments of the same category, the head of the previous local government shall, from among the newly established local governments, become the head of a local government that has jurisdiction over the district in which the office of the previous local government is located and the heads of other new local governments shall be newly elected.

Article 30

In this case, if the office of the previous local government is located in the district under jurisdiction of another local government, which local government shall elect the new head shall be determined at the time when Acts regarding the division of a local government is enacted;

3. Where two or more local governments of the same category are merged to become a new local government, the heads of the previous local governments shall lose their positions of office and the head of the new local government shall be elected; and

4. Where a local government is abolished due to the merger into another local government, the head of the abolished local government shall lose his position of office.

(2) Where only the name of a local government changes, the head of the previous local government shall become the head of the changed local government and hold office for the remaining term at the time of such change.

(3) For the purpose of this Act, the term “local government of the same category” means a local government of the same category as provided in Article 2 (Kinds of Local Governments) (1) of the Local Autonomy Act.

Article 31 (Voting Districts)

(1) A voting district shall be established in the Eup/Myeon/Dong.

Article 31

(2) A Gu/Si/Gun election commission may establish two or more voting districts in a Eup/Myeon/Dong. In this case, the Ri [meaning an administrative Ri as provided in Article 4 (Names and Districts of Local Governments) (5) of the Local Autonomy Act; hereinafter, the same shall apply] of the Eup/Myeon may not be divided so that part of it may belong to another voting district.

(3) A Gu/Si/Gun election commission, upon establishing or changing the voting districts or holding an election, shall publicly notify the names and districts thereof as prescribed by the National Election Commission Regulations.

Article 32 (Change in Districts)

(1) Even where the area of a constituency (referring to the election district for the National Assembly member, in a case of the election for the National Assembly member), administrative district, or voting district changes somewhere between the record date of the electoral registry as provided in Article 37 (1) and the election day, the area shall be deemed to have not changed as far as the election in question is concerned.

(2) Where the name of a local government or its administrative district changes without an actual change in their territorial jurisdiction, the names of the election district and the constituency for the National Assembly member and that of the administrative district in the district thereof in the City/Do Municipal Ordinances as provided in Tables 1 and 2 of Article 26

Article 32

(2) shall be deemed to have changed to the name of the changed local government or administrative district.

CHAPTER Ⅳ ELECTION PERIOD AND ELECTION DAY

Article 33 (Election Period)

(1) The election period for each election shall be as follows:

1. 23 days for the presidential election;

2. 17 days for the election of the National Assembly member and the head of a local government; and

3. 14 days for the election of the local council member.

(2) Notwithstanding the provisions of paragraph (1), the period of a reelection as provided in Article 197 (1) and that of a revoting as provided in Article 198 (1) shall be as follows:

1. 21 days for the presidential election;

2. 15 days for the election of the National Assembly member and the head of a local government; and

3. 12 days for the election of a local council member.

(3) The term “election

Article 33

period” means a period from the day of the application for candidate registration to the election day.

Article 34 (Election Day)

(1) The election day for each election to be held at the expiration of the term shall be as follows: <Amended by Act No. 5508, Feb. 6, 1998>

1. The presidential election shall be held on the first Thursday, 70 days before the expiration of the term of office;

2. The election of National Assembly members shall be held on the first Thursday after 50 days before the expiration of the term of office; and

3. The election of local council members and the head of each local government shall be held on the first Thursday after 30 days before the expiration of the term of office.

(2) Where the election day as provided in paragraph (1) falls on a folk festival day or legal holiday closely related with the lives of the people or the day preceding or following the election day is a legal holiday, the election shall be held on the Thursday of the following week.

Article 35 (Special Election Day)

(1) An election to

Article 34 ~ 35

fill up a presidential vacancy or reelection (excluding a reelection as provided in paragraph (3); hereinafter, the same shall apply in paragraph (2)) shall be held within 60 days from the time when the cause for holding the election becomes definite, but the election day shall be publicly announced by the President or acting President 29 days before the election day, at the latest.

(2) The special election, reelection, election for increased number of members, and the election of the heads of local governments due to an establishment, abolition, division or merger of local governments shall be as follows: <Amended by Act No. 6265, Feb. 16, 2000>

1. The special election and reelection of the local constituency National Assembly members, local council members and heads of local governments, and an election of local council members for increased number of members, shall be held on the last Thursday during April in case where the cause for holding the relevant election becomes definite during the period from October 1 of the preceding year to March 31, and on the last Thursday during October in case where the cause for holding the relevant election becomes definite during the period from April 1 to September 30. In this case, the provisions of Article 34 (2) shall be applicable mutatis mutandis with respect to the election day; and

2. The election of the heads of local governments due to an establishment, abolition, division or merger of local governments

Article 35

shall be held within 60 days from the time when the cause for holding the relevant election becomes definite, and its election day shall be publicly announced at least 23 days before the election day by the chairman of the competent election commission for the constituencies in consultation with the heads (including acting heads) of the relevant local governments.

(3) The reelection as provided in Article 197 shall be held within 30 days after the final judgment or decision is notified, but the competent constituency election commission shall determine the reelection day and publicly announce it.

(4) For the purpose of this Act, the term “special election” means an election as provided in paragraphs (1) through (3) and Article 36.

(5) For the purpose of this Act, the term “the time when the cause for holding the election becomes definite” means the day that falls under any of the following subparagraphs: <Amended by Act No. 6265, Feb. 16, 2000>

1. The day when the cause thereof occurs, in the case of an election to be held due to a presidential vacancy;

2. The day when the constituency election commission concerned is in receipt of the notification of relevant causes in the case of a special election for a local constituency National Assembly member, or for a local council member and the head of a local government (in case where the causes become

Article 35

definite by a court ruling or decision, the day when the constituency election commission concerned is in receipt of the notification of relevant ruling or decision; hereafter in subparagraph 3 the same shall apply);

3. The day when the cause thereof becomes definite, in the case of a reelection;

4. The day when Table 2 or City/Do Municipal Ordinance concerning the new constituency become effective, in the case of an election for increased local council members;

5. The day when the Acts regarding the establishment, abolition, division, or merger of the local government concerned enter into force, in the case of an election for the head of a local government due to an establishment, abolition, division or merger of a local government;

6. The day when the postponement of the election is publicly announced as provided in Article 196 (3), in the case of the postponed election; and

7. The day when the revoting day is publicly announced as provided in Article 36, in the case of revoting.

Article 36 (Election Day of Postponed Election)

Where a postponed election as provided in Article 196 is held, the election day shall be determined and publicly announced by the President, in the case of the presidential election and the election

Article 36

for the Naal Assembly member, and by the chairman of the competent constituency election commission, in the case of the election for the local council member and the head of the local government, and where a revoting as provided in Article 198 is held, the revoting day shall be determined and publicly announced by the chairman of the competent constituency election commission. <Amended by Act No. 6265, Feb. 16, 2000>

CHAPTER Ⅴ ELECTORAL REGISTER

Article 37 (Preparation of Electoral Register)

(1) Whenever an election is held, the head of Gu (including the head of autonomousGu, and it is limited to the Dong area, in the case of Si in the urban and rural complex form), the head of Si (referred to the head of Si in which no Kus are established, and it is limited to the Dong area, in the case of Si in the urban and rural complex form), the head of Eup/Myeon (hereinafter referred to as the “head of Gu/Si/Eup/ Myeon”) shall survey the electors, of each voting district, who have registered as residents in the district under his jurisdiction, 28 days before the election day, in the case of the presidential election; 22 days before the election day, in the case of the election for the National Assembly member and the head of a local government; and 19 days before the election day, in the case of the election for a local council member (hereinafter referred to as the “record date of the electoral register”), and prepare the electoral register within 5 days from the record date of the electoral

Article 37

(2) The pollbook shall include the elector’s name, address, sex, birth date, and other necessary matters.

(3) No one may be entered in two or more pollbooks in the same election.

(4) The head of Gu/Si/Eup/ Myeon, upon preparing the electoral register, shall immediately send a certified copy thereof (including a copy of a computerized materials for preparation of the pollbook) to the competent Gu/Si/Gun election commission.

(5) Where the number of electors in a voting district exceeds 1,000, the pollbook may be divided into fascicles in a way that each fascicle can contain approximately the same number of electors.

(6) The preparation of the pollbook as provided in paragraph (1) may be carried out through a computer system. In this case, the entry of the sex and birth date as provided in paragraph (2) may be substituted by that of the resident registration number.

(7) Matters necessary for the form of the pollbook and other matters shall be prescribed by the National Election Commission Regulations.

Article 37

Article 38 (Absentee Report)

(1) A domestic resident whose name is entered in the pollbook and who falls into any of the following subparagraphs, where unable to go to the polling station to cast a vote on the election day, may make an absentee report in writing to the head of Gu/Si/Eup/Myeon during the pollbook preparation period. In this case, the postal charge shall be free:

1. A person who has been out of Gu/Si/Gun which is the place of his resident registration since before the last day of the pollbook preparation period and is unable to return to the place of his resident registration till the election day;

2. A military serviceman or police officer who stays in a military camp or warship for a long time as prescribed by the Acts and subordinate statutes;

3. A person who stays in a hospital, sanatorium, asylum, correctional institution (including a detention house), or vessel for a long time;

4. A person who is unable to move freely due to a serious physical handicap;

5. A person who resides in a remote solitary island, prescribed by the National Election Commission Regulations, in which it is difficult to go to a polling station; and

6. A member or staff

Article 38

member (including the dispatched or commissioned public official) of each election commission, and an election-related person who is scheduled to work at a polling station other than the one where he is to cast his vote on the election day, and a police officer who is scheduled to guard the polling station.

(2) A person who wishes to make an absentee report as provided in paragraph (1) shall enter the reason for the absentee voting (referring to the reason for a residence voting, in the case of a person who wishes to cast a vote at residence), name, address, residence, sex, and birth date in an absentee report form, and a person who falls under paragraph (1) 2, 3, or 6 shall make the report after obtaining the confirmation of the head of the organization or facilities to which he belongs.

(3) Only a person who falls under paragraph (1) 2 and who works at a remote place where an absentee voting booth cannot be found or at a warship, a person who is staying in a hospital or sanatorium for a long time as provided in paragraph (1) 3, and who is unable to move freely, a person who is staying for a long time in an area in which an absentee voting booth is difficult to install, as prescribed by the National Election Commission Regulations, and a person who is physically handicapped as provided in paragraph (1) 4 shall be allowed to cast a vote at a residence (hereinafter referred to as a “person voting at residence”), but his absentee report form shall be confirmed by the head of the organization to which he belongs, in the case of a person who falls into paragraph (1) 2; by

Article 38

the head of the hospital or sanatorium, in the case of a person who falls into paragraph (1) 3; and by the head of Tong/Ri/ Ban, in the case of a person who falls into paragraph (1) 4. <Amended by Act No. 5412, Nov. 14, 1997>

(4) The head of Gu/Si/Eup/ Myeon, upon receiving a report as provided in paragraph (1), shall check the entry items of the absentee report form, mark the fact thereof on the pollbook upon confirming the report legitimate, and prepare a separate pollbook for reported absentees, but if the reported absentee is a person voting at residence, he shall be marked on the pollbook for reported absentees.

(5) The head of a Gu/Si/Eup/ Myeon, upon preparing the pollbook for reported absentees, shall immediately send a certified copy thereof (including a copy of the computerized materials for preparation of the pollbook for reported absentees) to the competent Gu/Si/Gun election commission.

(6) The provisions of Article 37 (6) shall apply mutatis mutandis to the preparation of the pollbook for reported absentees.

(7) Matters necessary for the absentee report form, the form of the pollbook for reported absentees, the procedure for confirmation of the reason for residence voting, and other matters shall be prescribed by the National Election Commission Regulations.

Article 39 (Supervision over Pollbook Preparation)

Article 39

(1) The preparation of the electoral register (including the pollbook for reported absentees; hereinafter, the same shall apply in this Article) shall be subject to the supervision of the competent Gu/Si/Gun election commission and the voting district election commission.

(2) When a public official who is engaged in the preparation of the electoral register is appointed or dismissed, the head of the Gu/Si/Eup/Myeon concerned shall immediately notify it to the competent Gu/Si/Gun election commission.

(3) A person who has the right to appoint and dismiss a public official to be engaged in the preparation of the electoral register, when wishing to dismiss the public official during the pollbook preparation period, shall consult with the competent Gu/Si/Gun election commission or its immediate superior election commission.

(4) If a public official who is engaged in the preparation of the pollbook, without a justifiable reason, fails to comply with a directive, order, or demand for correction from the competent Gu/Si/Gun election commission or voting district election commission, neglects to carry out his duties, or commits an illegal or wrongful act, with respect to the preparation of the pollbook, the competent Gu/Si/Gun election commission or its immediate superior election commission may demand that the person who has the right to appoint or dismiss him, replace him.

Article 39

(5) A person who has the right to appoint or dismiss a public official to be engaged in the preparation of the pollbook, upon receiving the demand for replacement as provided in paragraph (4), shall comply with it, unless there is a justifiable reason.

(6) and (7) Deleted. <by Act No. 5537, Apr. 30, 1998>

(8) No person shall interfere with pollbook preparation affairs or take an act having influence on the preparation of a pollbook in any other way. <Amended by Act No. 5537, Apr. 30, 1998>

(9) The notification of matters on appointment and dismissal of public officials engaged in the preparation of a pollbook, and other necessary matters, shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5537, Apr. 30, 1998>

Article 40 (Public Inspection of Pollbook)

(1) The head of Gu/Si/Eup/Myeon shall offer the electoral register for public inspection at an appointed place, for three days from the day following the expiration of the pollbook preparation period, and for the convenience of electors during the inspection period, offer a certified copy of the pollbook on file at an open place designated by the head of Tong/Ri for public inspection at eachTong, in case of Gu/ Si, and at eachRi, in case of Eup/Myon.

(2) An elector

Article 40

may freely inspect the electoral register.

(3) The head of Gu/Si/Eup/Myeon shall publicly announce the place and period as provided in paragraph (1) no later than three days before the beginning of public inspection.

Article 41 (Objection and Decision)

(1) An elector, upon finding an omitted or misspelled entry or an ineligible elector in the electoral register, may file an objection orally or in writing with the head of the Gu/Si/Eup/Myeon concerned during the inspection period.

(2) The head of Gu/Si/Eup/ Myeon, upon receiving the objection as provided in paragraph (1), shall examine and decide on it, on the day following the day when the objection is raised, but if deciding that the objection is well-grounded, shall immediately correct the pollbook and notify the person who has raised the objection, a person concerned and the competent Gu/Si/Gun election commission thereof, and if deciding that the objection is groundless, shall notify the person who has filed the objection and the competent Gu/Si/Gun election commission thereof.

Article 42 (Appeal of Dissatisfaction and Decision)

(1) A person who has filed an objection or a person concerned, when dissatisfied with the decision as provided in Article 41 (2), may file an appeal of dissatisfaction in writing with the competent Gu/Si/Gun election commission by the following day, after the day when the notification is received.

Article 41 ~ 42

(2) The competent Gu/Si/Gun election commission, upon receiving an appeal as provided in paragraph (1), shall examine and decide on it, on the day following the day when the appeal is filed, but if deciding that the appeal is well-grounded, shall immediately notify the head of the Gu/Si/Eup/Myeon concerned thereof so that the head can correct the pollbook and notify the person who has filed the appeal and a person concerned, and if deciding that the appeal is groundless, shall notify the person who has filed the appeal and the head of the Gu/Si/Eup/Myeon concerned.

Article 43 (Relief of Persons Omitted in Pollbook)

(1) Where a rightful elector is found to be omitted in the pollbook because of an error of the head of Gu/Si/Eup/Myeon from the day following the expiration of the objection period as provided in Article 41 (1) to the day preceding the one when the pollbook becomes final as provided in Article 44, the elector in question or the head of the Gu/Si/Eup/Myeon concerned may request the competent Gu/Si/Gun election commission in writing to enter the omitted person in the pollbook, by appending prima facie materials such as a certified copy of his resident registration card.

(2) The competent Gu/Si/Gun election commission, upon receiving a request as provided in paragraph (1), shall examine and decide on it, on the day following the day when the request is submitted, but if deciding that it is well-grounded, shall immediately notify the head of the Gu/Si/Eup/Myeon concerned thereof so that the head can correct the pollbook and notify

Article 43

the person who has submitted the request thereof, and if deciding that it is groundless, shall notify the person who has submitted the request and the head of the Gu/Si/Eup/Myeon concerned.

Article 44 (Finalization and Effects of Pollbooks)

The electoral register shall become final seven days before the election day and the electoral register for reported absentees on the day following the expiration of the absentee report period, and such pollbooks shall be valid for the election concerned.

Article 45 (Re-preparation of Pollbooks)

(1) Where the pollbook (including the one for reported absentees; hereinafter, the same shall apply in this Article) is destroyed or damaged due to a natural disaster or other accidents, the head of Gu/Si/Eup/Myeon shall prepare a new pollbook if it is necessary for the election to do so: Provided, That where there exists a certified copy of the pollbook sent as provided in Article 37 (4) and 38 (5), the pollbook may not be prepared again.

(2) The re-preparation, public inspection, finalization and valid term of the pollbook as provided in the main sentence of paragraph (1) and other necessary matters, shall be prescribed by the National Election Commission Regulations.

Article 46 (Issuance of Pollbook Duplicates)

(1) The head of a

Article 44 ~ 46

Gu/Si/Eup/ Myeon, upon being requested by candidate (excluding a candidate for the proportional representative National Assembly member and for a proportional representative City/Do council member), election campaign manager (excluding an election campaign manager of the election for the proportional representative National Assembly member and for a proportional representative City/Do council member), or chief of the election campaign liaison office, shall immediately issue a copy of the prepared electoral register or pollbook for reported absentees or photocopies of the computerized data thereof to the person who has made the request thereof. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) The request for issuance of a copy of the electoral register or pollbook for reported absentees or photocopies of the computerized data thereof as provided in paragraph (1) shall be submitted in writing to the head of the Gu/Si/Eup/Myeon concerned by the day following the last day of candidate registration. <Amended by Act No. 6265, Feb. 16, 2000>

(3) The person who requests issuance of a copy of the electoral register or pollbook for reported absentees or photocopies of the computerized data thereof as provided in paragraph (2) shall pay the expenses for the preparation of the copy at the time of the request. <Amended by Act No. 6265, Feb. 16, 2000>

(4) The person who has been issued with a copy of the electoral register or pollbook

Article 46

for reported absentees or photocopies of the computerized data thereof as provided in paragraph (1) shall not transfer or loan it to another person, nor shall use it for the purpose of economic advantage or other profit-making. <Amended by Act No. 6265, Feb. 16, 2000>

(5) The request for issuance of the copy of the electoral register and pollbook for reported absentees or photocopies of the computerized data thereof, payment of expenses, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

CHAPTER Ⅵ CANDIDATES

Article 47 (Recommendation of Candidates by Political Parties)

(1) A political party may recommend its member as a candidate (hereinafter referred to as a “party-recommended candidate”) within the limit of the full number to be elected for each constituency in an election (excluding the election for an autonomous Gu/Si/Gun council member). <Amended by Act No. 4947, Apr. 1, 1995;Act No. 6265, Feb. 16, 2000>

(2) A political party, when recommending a candidate as provided in paragraph (1), shall observe the democratic procedure as provided in Article 31 of the Political Parties Act.

Article 48 (Recommendation of Candidates by Electors)

(1) The elector who has registered as a resident of the constituency concerned

Article 47 ~ 48

may recommend one person who is not a member of any political party as a candidate (hereinafter referred to as an “independent candidate”) for the constituency concerned (referred to the local constituency of the member concerned, in the case of the election for the National Assembly member or the City/Do council member) in each election (excluding the elections for the proportional representative National Assembly member and the proportional representative City/Do council member), and one person as a candidate in the case of the election for an autonomous Gu/Si/Gun council member. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) A person who wishes to be a candidate for the election of an autonomous Gu/Si/Gun council member or an independent candidate shall obtain recommendations of electors as provided in the following subparagraphs, using the recommendation letters which are approved, sealed and issued by the competent constituency election commission from five days before the beginning of application for candidate registration (30 days before the beginning of application for candidate registration, in the case of an election to be held at the expiration of the presidential term; 3 days after the cause becomes definite, in the case of an election due to the presidential vacancy): <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

1. In the case of a presidential election: Recommendations of 2,500 or more to 5,000 or fewer electors who are divided into 5 or more Cities/Dos, and each City/Do shall have 500 or more

Article 48

electors who have made resident registrations;

2. In the case of an election of a local constituency National Assembly member or the head of an autonomous Gu/Si/Gun: Recommendations of 300 or more to 500 or fewer electors;

3. In the case of an election of a local constituency City/Do council member: Recommendations of 100 or more to 200 or fewer electors;

4. In the case of an election of the head of a City/Do: Recommendations of 1,000 or more to 2,000 or fewer electors who are divided into a third or more autonomous Gu/Si/Gun in the relevant City/ Do, and each autonomous Gu/Si/Gun shall have 50 or more electors who have made resident registrations; and

5. In the case of an election of an autonomous Gu/Si/Gun council member: Recommendations of 50 or more to 100 or fewer electors: Provided, That in the case of a constituency with a population of fewer than 1,000: recommendations of 30 or more to 50 or fewer electors.

(3) In case of paragraph (2), the candidate shall not be recommended with a recommendation letter with no seal of approval or by electors in excess of the upper limit of recommending electors.

(4) The form, request

Article 48

for issuance, and issuance of a letter of recommendation of elector, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 49 (Registration, etc. of Candidates)

(1) A candidate shall apply for candidate registration in writing to the competent constituency election commission during two days (hereinafter referred to as the “candidate registration period”) from the 22nd day before the election day in the case of the presidential election, the 16th day before the election day in the case of an election of a National Assembly member and the head of a local government, and the 13th day before the election day in the case of a local council member (hereinafter referred to as the “beginning day of application for candidate registration”).

(2) The registration of a party-recommended candidate shall be applied for by the political party which has recommended the candidate in the case of the presidential election, an election of a proportional representative National Assembly member, and the proportional representative City/Do council member, and by the person who wishes to be a party-recommended candidate in the case of an election of a local constituency National Assembly member, a local constituency City/Do council member, and the head of a local government, but the application for registration shall be accompanied by the recommendation letter which is signed and sealed by the representative of the recommending political party and the acceptance letter of the candidate (limited to cases of the presidential election and

Article 49

the election of a proportional representative National Assembly member and a proportional representative City/Do council member). In this case, the application for registration of a candidate for the proportional representative National Assembly member and the proportional representative City/Do council member shall be accompanied by the list of candidates whose ranking is decided by the recommending political party. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) A person who wishes to be a candidate for the election of an autonomous Gu/Si/Gun council member or an independent candidate shall submit an application for registration along with recommendation letters (in a single or plural entry, and the seal between pages is not required) signed and sealed by electors (thumbmarks are not permitted) as provided in Article 48 (Recommendation of Candidates by Electors). <Amended by Act No. 4947, Apr. 1, 1995;Act No. 6265, Feb. 16, 2000>

(4) A person who applies for registration of a candidate as provided in paragraphs (1) through (3), shall submit the documents falling under the following subparagraphs, and pay the deposit money as provided in Article 56 (1): <Amended by Act No. 6265, Feb. 16, 2000>

1. Testimonial documents on eligibility for election as prescribed by the National Election Commission Regulations;

2. A report on properties to be registered as provided in Article 10-2 (1)

Article 49

of the Public Service Ethics Act [referring to documents capable of verifying an opening of the property to be registered to the public in case of a person who has opened to the public the property to be registered as provided in Article 10 of the Public Service Ethics Act before making an application for registration of a candidate in respect to the property to be registered as of December 31 of the year preceding the election year concerned];

3. A report on military service records as provided in Article 9 (1) of the Act on the Report and Disclosure of Military Service Records of Public Officials; and

4. Certificates of payment of income tax and property tax for the last 3 years.

(5) An applicant for candidate registration may, where necessary for the submission of testimonial documents on eligibility for election under paragraph (4) 1, request a reference to his criminal records to the chief of a police station having jurisdiction over the domicile of the applicant for candidate registration. In this case, the chief of the relevant police station shall, without delay, inquire about it and make a reply, notwithstanding Article 6 of the Act on the Lapse of Criminal Sentences. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(6) A member of a political party shall not register as an independent candidate, and shall not register as a candidate for the election

Article 49

cocered if secedig from the party, chagig his membership, or holding two or more memberships at the same time during the candidate registration period (including the time of application for candidate registration). This provision shall also apply, where he loses his party membership due to the dissolution of the party, the cancellation of registration, or the central party’s revocation of its approval of the formation of a local party chapter.

(7) The application for candidate registration shall be accepted from 9:00 A.M. through 5:00 P.M. everyday, regardless of a legal holiday.

(8) The competent constituency election commission shall, upon receiving an application for candidate registration, immediately accept it, but shall not accept an application for registration when the written application for registration, a recommendation letter from the political party and the candidate’s acceptance letter, recommendation letters of electors, deposit money, and the documents under paragraph (4) 2 through 4, are not appended: Provided, That where the documents attesting to the candidate’s eligibility for election are not appended or the documents confirming whether properties to be registered are open to the public in the case of a person who has opened his registered properties as provided in Article 10 of the Public Service Ethics Act are not submitted as well, the application shall be accepted, but the competent constituency election commission shall investigate the facts thereof, and the agencies or organizations which receive a request for such investigation shall verify the fact thereof without

Article 49

delay and make a reply to the competent constituency election commission. <Amended by Act No. 6265, Feb. 16, 2000>

(9) The competent constituency election commission shall, within 15 days after the elected person is finalized, send a copy of the reports on properties to be registered which are submitted by the relevant elected person under paragraph (4) 2 to the relevant public service ethics committee as provided in Article 9 of the Public Service Ethics Act. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(10) The competent constituency election commission shall, immediately after the closing of candidate registration, make a reference of the candidate's criminal records on imprisonment without prison labor or any heavier publishment to the chief of the public prosecutor's office having jurisdiction over the constituency. In this case, the chief of the competent public prosecutor's office shall, without delay, make a reply of the relevant criminal records. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(11) Any one may, during the election period, peruse the criminal records which are received by the competent constituency election commission under paragraph (10). <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(12) The application form for candidate registration, the recommendation letter form, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 49

Article 50 (Prohibition from Cancelling and Changing Recommendation of Candidates)

(1) The political party shall not cancel or change its recommendation of a registered candidate once the candidate is registered, and shall not make an addition to or change the order in the list of candidates for the proportional representative National Assembly members (including the list of candidates for the proportional representative City/Do council members; hereinafter, the same shall apply in this paragraph): Provided, That where the registration becomes invalid due to a cause other than the resignation or death of the party-recommended candidate, the expulsion of him from the political party to which he belongs, or the central party’s revocation of its approval of a local party chapter during the candidate registration period, an exception shall be made, but if an addition is made to the list of candidates for the proportional representative National Assembly members, the order of the person added shall come after those already registered. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) The elector shall not cancel or change his recommendation for a candidate, and if he recommends two or more persons in the same election, only the recommendation for the candidate who first registers as a candidate shall be valid. <Amended by Act No. 4947, Apr. 1, 1995>

Article 51 (Supplementary Registration)

Article 50 ~ 51

Where a party-recommended candidate in the presidential election dies during or after the candidate registration period, the candidate registration may be applied for as provided in Articles 47 and 49 no later than the fifth day from the close of the candidate registration period. <Amended by Act No. 6265, Feb. 16, 2000>

Article 52 (Nullification of Registration)

(1) The registration of a candidate shall become null, where any of the following occurs after the candidate is registered: <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. The candidate is found to be ineligible for the election;

2. The recommendation is found to have been made in excess of the full number to be elected by constituency in violation of Article 47 (1), or the number of recommending electors as provided in Article 48 (2) is found to be insufficient;

3. The candidate is found not to have submitted the documents under Article 49 (4) 2 through 4, or his properties to be registered are found not to have been open to the public, from among those who have submitted or failed to submit the documents confirming that their properties to be registered are open to the public under paragraph (8) of the same Article;

Article 52

4. The candidate is found to have registered in violation of the provisions of Article 49 (6);

5. The candidate is found to have registered in violation of the provisions of Article 53 (1) and (3);

6. The party-recommended candidate secedes from the party, changes to another party, or is a member of two or more parties (including the case where he is a member of two or more parties at the time of candidate registration); the political party to which he belongs is dissolved, cancels its registration; or the central party revokes the approval of the formation of a local party chapter;

7. An independent candidate becomes a member of a political party; and

8. The candidate is found to have registered in violation of Article 266 (2).

(2) Where a candidate registered as a candidate for other constituencies in the same election or as a candidate for other elections, all his registrations shall become nullified. <Amended by Act No. 6265, Feb. 16, 2000>

(3) Where the registration of a candidate becomes nullified, the competent constituency election commission shall immediately notify the candidate and the political party which has recommended him of the facts thereof, specifying the reason for registration

Article 52

nullificati.

Article 53 (Candidacy of Public Officials)

(1) A person who falls under any of the following subparagraphs and who intends to be a candidate, shall resign his post sixty days before the election day (before the application for candidate registration, in case of the election of theproportional representative National Assembly members, the proportional representative City/Do council members, and a special election, and in case where any National Assembly member runs for the election of the head of a local government); Provided, That if any National Assembly member runs for the presidential election or the election of the National Assembly members with his present post held, and if a relevant local council member or the head of a local government runs for the election of local council members or the head of the local government with his present post held, the same shall not apply: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. A state public official as provided in Article 2 of the State Public Officials Act and a local public official as provided in Article 2 of the Local Public Officials Act; Provided, That the same shall not apply, in case of a public official (excluding the one in political service) who is eligible to become a party member as provided in the proviso of subparagraph 1 of Article 6 of the Political Parties Act;

2. A member of each

Article 53

election commission or a member of the educational committee;

3. A person who has the status of a public official as prescribed by other Acts and subordinate statutes;

4. A full-time officer of a government-invested institution (including the Bank of Korea) as provided in Article 2 of the Framework Act on the Management of Government-Invested Institutions;

5. A full-time officer of the agricultural cooperative, fisheries cooperative, livestock cooperative, forestry cooperative, tobacco producers cooperative, or ginseng cooperative (including the central organization or federation of these cooperatives), or the chairman of the central organization or federation of these cooperatives;

6. A full-time officer of a local public corporation or local industrial complex as provided in Article 2 of the Local Public Enterprises Act;

7. A private school teacher who is ineligible for a party membership as provided in subparagraph 2 of Article 6 of the Political Parties Act; and

8. A journalist

Article 53

as prescribed by he Presidenial Decree.

(2) In application of paragraph (1), the person concerned shall be deemed to have resigned his office at the time when the letter of his resignation is accepted by the head of the institution to which he belongs, or by the committee to which he belongs.

(3) Notwithstanding paragraph (1), the head of a local government shall, where he intends to run for an election of a local constituency National Assembly member which is the same as or overlapping with the jurisdictional area of the competent local government, resign from his post no later than 180 days before the election day of the election. <Amended by Act No. 6265, Feb. 16, 2000>

Article 54 (Report on Resignation of Candidates)

A candidate shall, in case where he intends to resign, come in person to the competent constituency election commission and report such resignation in writing, but in case where a party-recommended candidate intends to resign, he shall submit his resignation letter along with a letter of approval on resignation from the political party which recommended him.

Article 55 (Public Notification of Candidate Registration, etc.)

Where a candidate

Article 54 ~ 55

is registered, resigns his office or dies, or his registration becomes nullified, the constituency election commission concerned shall immediately notify the public thereof, make report to its superior election commission, and notify its subordinate election commission thereof.

Article 56 (Deposit Money)

(1) A person who applies for a candidate registration shall pay the following deposit money per candidate to the competent constituency election commission at the time of the application for registration, pursuant to the National Election Commission Regulations: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. 500 million won, in the case of the presidential election;

2. 20 million won, in the case of an election of a National Assembly member;

3. 4 million won, in the case of an election of a City/Do council member;

4. 50 million won, in the case of an election of the head of a City/ Do;

5. 15 million won, in the case of an election of the head of an autonomous Gu/Si/ Gun; and

6. 2 million won, in the case of an election of an autonomous Gu/Si/Gun

Article 56

council member.

(2) The deposit money as provided in paragraph (1) shall not be subject to disposition for arrears or compulsory execution.

(3) The fine as provided in Article 261 and the expenses for any vicarious execution against illegal facilities as provided in Article 271 shall be borne with the deposit money as provided in paragraph (1).

Article 57 (Return, etc. of Deposit Money)

(1) Where a political party or candidate falls under any of the following subparagraphs or a candidate (excluding a candidate for a proportional representative National Assembly member and for a proportional representative City/Do council member) is elected or dead, an amount of money left after the expenses borne with the deposit money as provided in Article 56 (3) are subtracted from the deposit money, shall be returned to the depositor within 30 days after the election day: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. In a case where the number of votes obtained by a candidate is not less than the number given by dividing the total valid votes by the number of candidates or is 20/100 or more of the total valid votes, in the presidential election, the election of National Assembly members in local constituencies, that of local council members, and that of the head of a local government;

2. Deleted; <by

Article 57

Act No. 5537, Apr. 30, 1998> and

3. In a case where there is any elected person from among those on the candidate list concerned, in the election of proportional representative National Assembly members and proportional representative City/Do council members.

(2) Where no one on the list of candidates for the proportional representative National Assembly members or for the proportional representative City/Do council members is elected, or the candidate (excluding the candidate for the proportional representative National Assembly member and for the proportional representative City/Do council member) resigns or his registration becomes nullified, or the number of votes obtained is short of what is provided in paragraph (1) 1, the amount that remains after the expenses to be borne with the deposit money as provided in Article 56 (3) are subtracted from the deposit money, shall be reverted to the State or the local government concerned within 30 days from the election day. In this case, if the expenses to be borne with the deposit money as provided in Article 56 (3) exceed the deposit money, the depositor shall pay the amount in excess to the constituency election commission within 10 days since being notified thereof in accordance with notification of the constituency election commission concerned, and if he fails to make payment within the provided period, the State or the local government concerned shall disburse the amount first, and shall entrust the chief of the competent tax office with the collection thereof and have the chief collect the amount according to an

Article 57

example of the dispositio for atioal tax i arrears ad pay the collected amount to the State or the local government concerned. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(3) and (4) Deleted. <by Act No. 6265, Feb. 16, 2000>

(5) The return and reversion of the deposit money, and other necessary matters, shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

CHAPTER Ⅶ ELECTION CAMPAIGN

Article 58 (Definitions)

(1) For the purpose of this Act, the term “election campaign” means an act for winning an election, or for making another person be or not be elected: Provided, That the acts falling under the following subparagraphs shall not be deemed to be an election campaign: <Amended by Act No. 6265, Feb. 16, 2000>

1. A simple statement of opinion or manifestation of an intention on the election;

2. An act in preparation for candidacy and election campaign;

3. A simple statement

Article 58

of opinion on support or opposition to the recommendation of a political party's candidate, or manifestation of an intention thereof; and

4. Ordinary political party activities.

(2) Any person may freely canvass for an election. But where such canvassing is prohibited or restricted by this Act or other Acts, this provision shall not apply.

Article 59 (Election Campaign Period)

An election campaign may be allowed during the period from the time the registration of the candidate concerned is completed, to a day before the election day.

Article 60 (Persons Barred from Election Campaign)

(1) A person who falls under any of the following subparagraphs shall not engage in an election campaign: Provided, That where the person falling under subparagraphs 4 through 9 is a spouse of a candidate, this provision shall not apply: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000>

1. A person who is not a national of the Republic of Korea;

2. A minor;

3. A disfranchised person as provided in Article 18 (1);

4. A national

Article 59 ~ 60

public official as provided in Article 2 of the National Public Official Act and a local public official as provided in Article 2 of the Local Public Officials Act: Provided, That this provision shall not apply in the case of a person who is eligible to become a member of a political party (excluding a public official in political service other than the National Assembly member and local council member) as provided in the proviso of subparagraph 1 of Article 6 of the Political Parties Act;

5. A person who falls under Article 53 (1) 2 through 8 (including a full-time employee in case of subparagraphs 4 through 6);

6. An officer higher than a platoon leader of the Homeland Reserve Forces;

7. The head of Tong/Ri/ Ban;

8. A full-time officer or employee of the organization which is a national movement organization established pursuant to special Acts and which the State or local government has invested in or subsidized (referring to the Righteous Living Campaign Council, the Saemaul Movement Council, the Freedom General Federation of Korea) and the Pan-national Drive Committee for Second National Foundation, and the representatives of these organizations, etc. (including the City/Do organizations and Gu/Si/Gun organizations); and

Article 60

9. A full-time officer or employee of an association and the Medical Insurance Federation established as prescribed by the Medical Insurance Act, and a full-time officer or employee of the National Medical Insurance Management Corporation established as prescribed by the National Medical Insurance Act.

(2) An officer higher than a platoon leader of the Homeland Reserve Forces, or the head of Tong/Ri/ Ban, when wishing to be an election campaign manager, chief of an election liaison office, election worker, accountant in charge, election campaign speechmaker, interviewer, debater, or voting or absentee voting witness, shall resign his office no later than 90 days before the election (in the case of a special election, etc. within five days from the time when the cause for holding the election becomes final), and shall not be reinstated in his former office within six months after the election. In this case, the provisions of Article 53 (2) shall applymutatis mutandis, with respect to the time when he is deemed to have resigned his office.

Article 61 (Establishment of Election Campaign Organizations)

(1) A political party or candidate may establish an election campaign office and election campaign liaison office in conformity with the provisions of the following subparagraphs to attend to an election campaign and other matters concerning an election: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000>

1. For the presidential

Article 61

election, the political party or candidate may establish one election campaign office, and an election campaign liaison office in each City/Do and Gu/Si/Gun (referring to the local constituency for the National Assembly member, where one Gu/Si/Gun consists of two or more local constituencies for the National Assembly members; hereinafter, the same shall apply in this Article);

2. For an election of a local constituency National Assembly member, the candidate may establish one election campaign office in the election district for the National Assembly member concerned: Provided, That where one election district for the National Assembly member consists of two or more Gu/Si/ Gun, an election campaign liaison office may be established in each Gu/Si/Gun where the election campaign office is not located;

3. For an election of a proportional representative National Assembly member and a proportional representative City/Do council member, the political party shall establish one election campaign office (one election campaign office in each City/Do for which a separate list of candidates for the proportional representative City/Do council members has been submitted);

4. For an election of a local constituency City/Do council member and autonomous Gu/Si/Gun council member, the candidate may establish one election campaign office in the constituency concerned;

Article 61

5. For an election of the head of a City/ Do, the candidate may establish one election campaign office in the City/Do concerned, and one election campaign liaison office in each Gu/Si/Gun within the City/Do concerned; and

6. For an election of the head of an autonomous Gu/Si/Gun , the candidate may establish one election campaign office in the autonomous Gu/Si/Gun concerned: Provided, That in the Si where non-autonomous Kus are established, an election campaign liaison office may be established in each Gu where the election campaign office is not located, and where one Gu/Si/Gun consists of two or more election districts for the National Assembly member, an election campaign liaison office may be established in each election district for the National Assembly member where the election campaign office is not located.

(2) Where the seat of the City/Do or Gu/Si/Gun office is located in a district of another City/Do or Gu/Si/ Gun, the election campaign office or election campaign liaison office may be established in the district of the City/Do or Gu/Si/Gun having jurisdiction over the seat of the City/Do or Gu/Si/Gun office, notwithstanding the provisions of paragraph (1).

(3) The election campaign office or the election campaign liaison office of a political party or party-recommended candidate, when there

Article 61

is an offic of th party chaptr corrsponding to it, may be established in the office of the party chapter.

(4) Deleted. <by Act No. 4947, Apr. 1, 1995>

(5) The election campaign office and election campaign liaison office shall be established at a fixed place or facilities, but shall not be established in a food entertainment business office as prescribed by the Food Sanitation Act, or a public hygiene business office as prescribed by the Public Health Care Act. <Amended by Act No. 6265, Feb. 16, 2000>

(6) Four or fewer election campaign signboards, tablets or hanging placards all told, propaganda posters as provided in Article 64, election campaign bulletins as provided in Article 65, small printed matters as provided in Article 66, or photographs of a candidate may be posted or pasted at an election campaign office and election campaign liaison office, pursuant to the National Election Commission Regulations.

Article 62 (Appointment of Persons related to Election Campaign Affairs)

(1) A person who has established an election campaign office and an election campaign liaison office as provided in Article 61 (Establishment of Election Campaign Organizations) shall appoint one manager of the election campaign office and one chief of the election campaign liaison office from among those who are eligible to engage in an election campaign.

Article 62

(2) In order to attend to the election campaign affairs, the manager of an election campaign office or the chief of an election campaign liaison office may appoint election campaign workers (referring to those who are paid allowances and actual expenses as provided in the text of Article 135 (1); hereinafter, the same shall apply) from among those who are eligible to engage in an election campaign, as provided in the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. For the presidential election, within six times the number of City/Do in the election campaign office; within the number of Gu/Si/Gun (referring to the election district for the National Assembly members, where oneGu/Si/Gun consists of two or more election districts for the National Assembly members; hereinafter, the same shall apply in this paragraph) of the City/Do concerned (10 persons, where the number of Gu/Si/Gun is fewer than 10) in the City/Do election campaign liaison office; and within the number of Eup/Myeon/Dong of the Gu/Si/Gun concerned in theGu/Si/Gun election campaign liaison office;

2. For an election of a local constituency National Assembly member and the head of an autonomous Gu/Si/ Gun, within three times the number of Eup/Myeon/Dong in theGu/Si/Gun in which the election campaign office or election

Article 62

campaign liaison office is established;

3. For an election of a proportional representative National Assembly member, within two times the number of City/Do in the election campaign office;

4. For an election of a local constituency City/Do council member, within 10 persons in the election campaign office;

5. For an election of a proportional representative City/Do council member, within the number (20 persons, where the calculated number is under 20) of Gu/Si/Gun in the City/Do concerned in the election campaign office;

6. For an election of a Mayor/Do Governor, within the number of Gu/Si/Gun in the City/Do concerned (10 persons, where the number of relevant Gu/Si/Gun is fewer than 10) in the election campaign office; and within the number of Eup/Myeon/Dong in the Gu/Si/Gun concerned in the election campaign liaison office; and

7. For an election of an autonomous Gu/Si/Gun council member, within five persons in the election campaign office.

(3) A salaried clerk of a political party who cannot be paid the allowance as provided in the proviso of Article 135 (1), a National Assembly

Article 62

member, his assistant, his chief secretary, his secretary, or a local council member, even when becoming an election campaign worker, shall not be counted in the number of the election campaign workers as provided in paragraph (2). <Amended by Act No. 6265, Feb. 16, 2000>

(4) Where the election campaign manager is not appointed, a candidate (a party’s accountant in charge, in case of paragraph (2) 1 and 30 shall be deemed to hold the post of an election campaign manager concurrently.

(5) Two or more political parties or candidates shall not appoint together the same person as the election campaign manager, chief of the election campaign liaison office, or election campaign workers. <Amended by Act No. 4947, Apr. 1, 1995>

(6) No one shall recruit a person who is to engage in an election campaign, using printed materials, facilities, or other advertising materials: Provided, That the same shall not apply in a case where the election campaign manager, chief of the election campaign liaison office, or election campaign workers as provided in paragraphs (1) and (2) are recruited by means pursuant to the provisions of this Act. <Newly Inserted by Act No. 5262, Jan. 13, 1997>

Article 63 (Report on Election Campaign Organizations and Election Affairs-Related Persons)

(1) A political party or candidate shall, upon establishing or changing the election

Article 63

campaign office or campaign liaison office, immediately report in writing to the competent election commission; and the political party, candidate, election campaign manager or chief of the election campaign liaison office shall, upon appointing or dismissing an election campaign manager, chief of the election campaign liaison office or election campaign worker (hereinafter referred to as the “election campaign manager, etc.” in this Article), immediately report in writing to the competent election commission. In this case, the number of the replaceable election campaign workers may not exceed twice the number of election campaign workers as provided in Article 62 (2), including those initially appointed.

(2) An election campaign manager shall carry on an election campaign, wearing the identification card on which his photograph is attached and issued by the election commission concerned, and upon being dismissed, shall immediately return it, but if it is not returned, the report on replacement of the election campaign manager shall not be accepted. In this case, the standard for an identification card shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5262, Jan. 13, 1997>

(3) An election commission shall, upon receiving an application for issuance of the identification card as provided in paragraph (2), immediately issue it.

(4) The report form for establishment of an election campaign office and election campaign liaison office, and for the appointment of the

Article 63

election campaign manager, etc. and t form of identification card, the procedure to be taken when an identification card is lost, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 64 (Propaganda Posters)

(1) A propaganda poster to be used for an election campaign shall include a photograph (referring to the photograph of a candidate alone), name and mark [referring to the indication of an order by which the candidate is entered on the ballot paper to be printed under Article 150 (2); hereinafter, the same shall apply] of a candidate, the name of the political party to which the party-recommended candidate belongs (an independent candidate shall be indicated as “independent”), his career (where academic background is entered, no academic background other than formal schooling as recognized by the Elementary and Secondary Education Act and the Higher Education Act and the academic background completed in a foreign country, equivalent to formal schooling, shall be entered therein: in this case, with respect to the formal schooling, the name of school and the period of study at the time of graduation or completion shall be entered therein, and with respect to an academic background completed in a foreign country, equivalent to the formal schooling, the name of curriculum, the period of study, and the title of the acquired degree shall be entered therein; hereinafter the same shall apply) and political views, the platform and policy of the political party to which he belongs, and other matters necessary for publicity (in case of an election of a National Assembly member for local

Article 64

constituency, the list of candidates for the proportion representative National Assembly members is included, and in case of an election of a City/Do council member for local constituency, the list of candidates for the proportional representative City/Do council members is included, and other figure photos than the candidate shall be excluded): and it shall be prepared and pasted at the rate of one sheet for a population of 500 inDong, one sheet for a population of 250 inEup, and one sheet for a population of 100 in Myon: Provided, That inDong, it may be adjusted to the rate of one sheet for a population of 1,000 as prescribed by the National Election Commission Regulations, in consideration of population density, pasting places, etc. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(2) Propaganda posters as provided in paragraph (1) shall be prepared by the candidate (referring to the party-recommended candidate in the presidential election, and to the recommending party in cases of the election of the proportional representative National Assembly members, and of the election of the proportional representative City/Do council members; hereinafter, the same shall apply in this Article) in four or less chromaticities (white color shall not be deemed as one chromaticity), and submitted to the Gu/Si/Gun election commission having jurisdiction over the area in which they are pasted no later than three days after the close of candidate registration (in the case of an additional registration in the presidential

Article 64

election, it refers to two days after the close of additional registration), and the relevant Gu/Si/Gun election commission shall confirm them, and paste them no later than two days (three days, in cases of the presidential election, and the island and remote and secluded area among the mountains) after the close of the submission of the propaganda posters. In this case, if part of the propaganda posters is not submitted, the area where the propaganda posters are not to be pasted (making a voting district as a unit) shall be designated and reported in writing when the propaganda posters are submitted, but if the area wherein no propaganda posters are to be pasted is not reported, the relevant Gu/Si/Gun election commission shall designate such area. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) The competent constituency election commission shall publicly announce the quantity of propaganda posters to be prepared, kept or submitted by the candidate as provided in paragraph (2) jointly at the time of public notification of the restricted amount of election expenses as provided in Article 122 . In this case, a specified quantity may be added as prescribed by the National Election Commission Regulations. <Amended by Act No. 5127, Dec. 30, 1995>

(4) The propaganda posters, if not submitted by the close of the submission period as provided in paragraph (2) or if larger or smaller than the standard, shall not be pasted.

(5) The propaganda poster submitted as provided in paragraph (2) shall not

Article 64

be corrected or withdrawn: Provided, That if an objection is raised in writing against false information on career, academic background, academic degrees, rewards or punishments (hereinafter referred to as “career, etc.”), the competent constituency election commission may demand the political party or candidate concerned to present evidential documents, and if such documents are not presented or turn out to be false, the said commission shall publicly announce the facts thereof.

(6) Where the slanders on the private life of another candidate, his spouse, his lineal ascendant or descendant, or sibling contained in a propaganda poster as provided in paragraph (1) are deemed to be in violation of this Act, the competent constituency election commission shall file a complaint against the facts thereof and publicly announce them.

(7) A printer who prints the propaganda posters shall not print propaganda posters in more than the quantity as provided in paragraph (3) and provide any one with the posters printed in excess.

(8) A candidate shall, in case where he intends to make a supplementary pasting as thepropaganda posters pasted by the competent Gu/Si/Gun election commission are spoiled or damaged, paste the new ones, after obtaining an approval seal of the competent Gu/Si/Gun election commission, over the old ones, within the limit of publicly announced quantity as provided in paragraph (3). <Amended by Act No. 5127, Dec. 30, 1995>

Article 64

(9) Where the propaganda poster is pasted as provided in paragraph (1), the owner or manager of the land, building or other facilities on which the poster is pasted shall cooperate in the pasting of such a propaganda poster, unless there is any special ground.

(10) Deleted. <by Act No. 6265, Feb. 16, 2000>

(11) Public notification of the quantity, standard, preparation, submission, confirmation, and pasting of the propaganda posters, false information about work experiences and others, and the public notice of an objection filed against a falsity of career, etc. or a slander on the private life of a candidate, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

Article 65 (Election Campaign Bulletin)

(1) In an election of a local constituency National Assembly member, local council member, and head of a local government (excluding the election of the proportional representative City/Do council member), the election campaign bulletin to be used in the election campaign shall contain the candidate’s photograph, name, mark, the name of the political party to which the party-recommended candidate belongs (in the case of an independent candidate, the term “independent” shall be indicated), his career and political views, the platform and policy of the political party to which he belongs, and other matters necessary for the publicity (including the list of candidates for

Article 65

the proportional representative National Assembly members, in the case of the election for the local constituency National Assembly member; the list of candidates for the proportional representative City/Do council members, in the case of the local constituency City/Do council member), and shall be printed in four or less chromaticities (white color shall not be considered as one chromaticity). <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(2) The election campaign bulletin as provided in paragraph (1) shall be prepared in two or fewer sheets (both sides of the sheets may be printed) and submitted to the Gu/Si/Gun election commission having the jurisdiction over the area wherein they are to be distributed by the candidate no later than three days after the close of the candidate registration period, and the Gu/Si/Gun election commission shall confirm the bulletin and send it once by mail to the electors listed on the pollbook for reported absentees and each household in the area under its jurisdiction no later than three days after the close of the election campaign bulletin submission period. In this case, the election campaign bulletins may be sent to the electors listed on the pollbook for reported absentees, along with the absentee ballot paper as provided in Article 154 (1) when it is sent, and if there is a household found to have not received the election campaign bulletin as a result of the finalization of the pollbook, the bulletin shall be additionally sent to such a household. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

Article 65

(3) The candidate may, other than the election campaign bulletins under paragraph (1), submit the election campaign bulletins made in braille (hereinafter referred to as "braille style election campaign bulletins") for the electors with defected eyesight (referring to the electors who are registered pursuant to Article 19 of the Welfare of Disabled Persons Act; hereafter the same shall apply in this Article). In this case, the braille type election campaign bulletins shall be deemed the same kind as those under paragraph (2). <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(4) The competent constituency election commission shall, in accordance with the provision of Article 64 (3), publicly notify the quantity of braille type election campaign bulletins that may be submitted by the candidate, and the head of the competent Gu/Si/Gun shall make a survey of the names and addresses of the electors with defected eyesight and their householders to whom the braille type election campaign bulletins are to sent and shall notify the competent Gu/Si/Gun election commission no later than the public notification of the quantity of braille type election campaign bulletins. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(5) The provisions of Article 64 (2) (latter part) through (7) shall apply mutatis mutandis to the election campaign bulletin. In this case, the term “propaganda poster” means the “election campaign bulletin”; the term “area where the propaganda posters are not to be pasted” means the “person and area to which the bulletin is not to be sent”; and the term “posting” means “sending”.

Article 65

(6) Public notification of the quantity, dimension, preparation, submission, confirmation and sending of the election campaign bulletins, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

Article 66 (Small Printed Matter)

(1) Small printed matter to be used for an election campaign shall be prepared by the candidate (referring to the recommending political parties in the case of the candidate recommended by the political party for the presidential election; hereafter the same shall apply in this Article), and the said printed matter shall contain the candidate’s photograph, name, mark, the name of the political party to which the party-recommended candidate belongs (in the case of an independent candidate, the term “independent” shall be indicated), his career and political views, the platform and policy of the political party to which he belongs, and other matters necessary for the publicity (including a list of candidates for proportional representative National Assembly members, in case of the election of National Assembly members in local constituencies), but the kinds thereof shall be conformed to the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. One kind respectively

Article 66

of leaflet-type small printed matter and of book-type small printed matter, in the presidential election;

2. One kind of book-type small printed matter, in the election of National Assembly members in local constituencies and heads of local governments; and

3. Deleted. <by Act No. 5537, Apr. 30, 1998>

(2) For the purpose of paragraph (1), the term “leaflet-type small printed matter” means one printed sheet (it may be printed on both sides) 38cm long and 27cm wide at the most or 54cm long and 19cm wide at the most as a unit, the term “book-type small printed matter” means a printed booklet 27cm long and 19cm wide at the most made of up to 16 pages, in case of the presidential election, and up to 8 pages in case of the election of National Assembly members in local constituencies and heads of local governments. <Amended by Act No. 5537, Apr. 30, 1998>

(3) If small printed matter is made and distributed under paragraphs (1) and (2), the number of book-type small printed matter shall not exceed the number given by adding the number of households in the constituency concerned and that of electors listed on the pollbook for reported absentees, and the number of leaflet-type small printed matter shall not exceed that of households in the constituency concerned. <Amended by Act No. 5537, Apr. 30, 1998>

(4) The competent

Article 66

constituency election commission shall publicly announce the expenses for preparing the small printed matter as provided in paragraph (3), at the time of public notification of the restricted amount of election expenses as provided in Article 122. <Amended by Act No. 5537, Apr. 30, 1998>

(5) The small printed matter shall be prepared by the candidate (referring to the recommending party, in the case of the party-recommended candidate in the presidential election; hereinafter, the same shall apply in this Article) in four or fewer chromaticities (the white color shall not be considered as one chromaticity), but it shall contain the ground for preparation, the name of the candidate who prepares and distributes it, the name of the political party to which the party-recommended candidate belongs (in the case of an independent candidate, the term “independent” shall be indicated), and the name, address, telephone number of the printing office. <Amended by Act No. 4947, Apr. 1, 1995>

(6) The procedure for and method of distributing the small printed matter shall be as follows: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998>

1. In the case of the presidential election, book-type small printed matter shall be prepared by the candidate and be submitted by six days (two days after the termination of a period of supplementary registration in the case of supplementary registration under Article 51) after the termination

Article 66

of a period of cadidates registratio to the Gu/Si/Gun election commissions having jurisdiction over the area where it is to be distributed; while the relevant election commission shall confirm it, and mail it to electors listed on pollbook for reported absentees and each household in the constituency concerned by three days after the termination of submission period, it may be mailed, together with absentee ballot papers under Article 154; leaflettype small printed matter shall be prepared by the candidate and be submitted by twelve days after the termination of a period of candidates registration to the Gu/Si/Gun election commissions having jurisdiction over the area where it is to be distributed; while the relevant election commission shall confirm it, and mail it, together with voting guidance leaflets under Article 153.In such cases, after the determination of register of electors, where there are households to which book-type small printed matter is not mailed, it shall be mailed additionally, together with leaflettype small printed matter; and

2. In case of the election of local constituency National Assembly members, and that of heads of local governments, the book-type small printed matter to be sent to the electors listed on the pollbook for reported absentees shall be submitted by the candidate to the competent Gu/Si/Gun election commission no later than three days after the close of the candidate registration period, and the relevant election commission shall confirm it and send it by mail no later than three days after the close of the submission

Article 66

period, together with the election campaign bulletins as provided in Article 65 (2) (including the absentee ballot papers, in the case of the electors listed on the pollbook for reported absentees), and the book-type small printed matter to be sent to each household in the area concerned shall be submitted by the candidate to the competent Gu/Si/Gun election commission no later than six days after the close of the candidate registration period and the election commission concerned shall confirm it and send it by mail to each household in the area concerned no later than three days after the close of the submission period. In this case, the competent election commission may not refuse to accept it unless it is in contravention of paragraphs (1), (2), and (5).

(7) Deleted. <by Act No. 5537, Apr. 30, 1998>

(8) Deleted. <by Act No. 6265, Feb. 16, 2000>

(9) The provisions of Article 64 (2) (latter part) through (7) shall apply mutatis mutandis to book-type and leaflet-type small printed matters, and the provisions of Article 65 (3) and (4) to a leaflet-type small printed matter for the presidential election, respectively.In this case, the term “propaganda poster” means the “book-type and leaflet-type small printed matters”; the term "election campaign bulletin" means "leaflet-type small printed matter"; the term “larger or smaller than the standard” means “larger than the standard”; the term “pasting” means “sending”; and the term “area where the propaganda

Article 66

posters are not to be pasted” means the “person to whom and area to which the small printed matter is not to be sent”. <Amended by Act No. 5127, Dec. 30, 1995;Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(10) The public notification of the quantity, preparation and distribution of small printed matter, the compensation for expenses, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 67 Deleted. <Act No. 5537, Apr. 30, 1998>

Article 68 (Labels and Flags)

(1) Deleted; <by Act No. 5412, Nov. 14, 1997>

(2) The candidate, his spouse and lineal ascendants and descendants, election campaign manager, chief of the election campaign liaison office, accountant in charge, election campaign worker, speechmaker, interviewer, and debater may girdle, put on, or carry signboards, labels, flags, arm-bands, shoulder-bands, mascots indicating the candidate’s name, mark, the name of the political party (in the case of an independent candidate, the term “independent” shall be indicated) to which the candidate belongs, or matters necessary for public relations, or other small objects for election campaign, during the election campaign period (only at the place where the relevant speech, interview, or debate is to be made, in the case of the speechmaker, interviewer or debater). In this case, the propaganda posters for supplementary pasting under Article 64 (8) may

Article 67 ~ 68

be used by pasting them on signboards. <Newly Inserted by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(3) The standard for the signboards, labels, flags, armbands, shoulderbands, mascots, etc. as provided for in paragraph (2) and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997>

Article 69 (Newspaper Advertisements)

(1) The candidate (referring to the recommending party, in the case of a party-recommended candidate in the presidential election; hereinafter, the same shall apply in this Article) may run an advertisement of the platform or policy of the political party to which the candidate belongs, the candidate’s political views, political fund-raising (limited to the presidential election), and other matters necessary for the publicity in a daily newspaper as prescribed by the Registration, etc. of Periodicals Act no later than two days before the election day after the close of the candidate registration period as provided in the following subparagraphs. In this case, one run of an advertisement in a daily newspaper shall be deemed to be one time of the newspaper advertisement in calculating the frequency of advertisements in the daily newspaper: <Amended by Act No. 5412, Nov. 14, 1997>

1. In the case of the presidential election, up to 70 times in total; and

2. In the election

Article 69

of the Mayors/Do governors, up to five times in total: Provided, That in a City/Do with a population of more than 3 million, one time shall be added for every one million persons exceeding 3 million persons.

(2) The advertisement as provided in paragraph (1) shall be run in black, contain the grounds for the advertisement and the name of the advertiser, and be 37cm in width and 17cm in length at the most.

(3) Two or more candidates who are recommended by the same political party in the election of the Mayors/Do governors, may jointly run an advertisement in accordance with the standard as provided in paragraph (2). In this case, each candidate shall be deemed to have run the advertisement once respectively, and the expenses for the advertisement shall be divided among the candidates according to their agreement, but the particulars about the division of expenses shall be specified in an advertisement contract.

(4) The advertisement as provided in paragraph (1) shall be inserted in the ordinary advertisement section below the news columns, except in a case where a full-page advertisement is run.

(5) A candidate, if wishing to run an advertisement, shall do so after obtaining a letter of certification that the advertisement is in conformity with this Act from the competent constituency election commission, and anyone who operates or manages the daily

Article 69

newspaper or who is in charge of the advertisement affairs shall not insert an advertisement of the candidate when the letter of certification is not accompanied.

(6) A candidate who wishes to run an advertisement as provided in paragraph (1) shall report it in writing to the competent constituency election commission together with the advertisement draft and a copy of the advertisement contract, no later than a day before the advertisement is inserted.

(7) Deleted. <by Act No. 6265, Feb. 16, 2000>

(8) Any person operating or managing a daily newspaper in which an advertisement is inserted under paragraph (1), may not claim or collect advertisement fees against or from candidates in excess of the minimum fees of the commercial, cultural and other various advertisements inserted in the same size and on the same column during an election period, in calculating the expenses for such an advertisement. <Newly Inserted by Act No. 5537, Apr. 30, 1998>

(9) The form of the letter of certification and report on an advertisement, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 70 (Broadcast Advertisements)

(1) A candidate (meaning the recommending party, in case of a party-recommended candidate) may run an advertisement of the platform or policy of the political party to which the candidate belongs, the candidate’s political views, and other matters necessary

Article 70

for publicity using television or radio broadcasting facilities [meaning a radio station managed and operated by the broadcasting business operator under the Broadcasting Act and the composite cable broadcasting stations (including channels of the operators using broadcasting channels for specialized news programs); hereafter the same shall apply in this Article] during the election campaign period as provided in the following subparagraphs, but the advertising time shall not exceed one minute at a time. In this case, the rebroadcasting shall be included in the calculation of the advertisement frequency, but a concurrent use of the relevant broadcasting networks with a selection of one television or radio broadcasting facility shall be deemed to be one time: <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. In the case of the presidential election, up to 30 times for television and radio broadcasts, respectively; and

2. Deleted. <by Act No. 5537, Apr. 30, 1998>

(2) Deleted. <by Act No. 6265, Feb. 16, 2000>

(3) The manager of the broadcasting facilities airing the advertisement as provided in paragraph (1) shall notify the competent constituency election commission of the date, time, contents of the broadcast advertisement as prescribed by the National Election Commission Regulations.

(4) The provisions

Article 70

of Article 73 (2) and (5) of the Broadcasting Act shall not apply to the broadcast advertisement as provided in paragraph (1). <Amended by Act No. 6265, Feb. 16, 2000>

(5) A manager or administrator of broadcasting facilities shall treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc. in making broadcast advertisement under paragraph (1); where the timing of use of broadcasting facilities for which candidates apply overlaps, allocation of broadcast time shall be made under the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997>

(6) The candidate may, in making a broadcast advertisement under paragraph (1), air the finger language or a caption for the electors with a defected auditory sense. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(7) Deleted. <by Act No. 6265, Feb. 16, 2000>

(8) Any person operating or managing broadcasting facilities in which a broadcast advertisement is performed under paragraph (1), may not claim or collect advertisement fees against or from candidates in excess of the minimum fees of the commercial, cultural and other various advertisements broadcasted on the same hours during an election period, in calculating the expenses for such an advertisement. <Newly Inserted by Act No. 5537, Apr. 30, 1998>

Article 71 (Broadcast Speech of Candidates, etc.)

Article 71

(1) A candidate and a campaign speechmaker designated by the candidate may deliver a campaign speech using the television and radio broadcasting facilities [referring to thebroadcasting facilities under Article 70 (1); hereafter the same shall apply in this Article] for the purpose of manifesting the platform and policy of the political party to which the candidate belongs, his political views, or other matters necessary for the publicityduring the election campaign period according to the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. In case of the presidential election, up to eleven times by television and radio broadcast, respectively, and each time within 20 minutes by the candidate and a campaign speechmaker nominated by the candidate, respectively;

2. In case of the election of the proportional representative National Assembly members, one time by television and radio broadcast, respectively, and each time within 10 minutes by two representatives appointed by a political party from among candidates for proportional representative National Assembly members, respectively;

3. In case of the election of the National Assembly members in local constituencies and the heads of autonomous Kus/Shis/Kuns/, up to two times by television and radio broadcast, respectively, and each time within 10 minutes by a candidate

Article 71

using local broadcasting facilitis: Providd, That a broadcast campaign speech using a ground wave television local broadcasting facility under the Broadcasting Act shall not exceed one time;

4. In case of the election of the proportional representative City/Do council members, one time within 10 minutes by television and radio broadcast, respectively, using a local broadcasting facility by a representative elected by each party from among the candidates for the relevant election at each constituency of proportional representative City/Do council members; and

5. In case of the election of the Mayors/Do governors, up to five times by television and radio broadcast, respectively, using a local broadcasting facility, each time within 10 minutes by candidate.

(2) The term "local broadcasting facility" referred to in this Act means a broadcasting facility located in the area under the jurisdiction of the relevant City/Do (in case ofDo, including the broadcasting facility embracing the area of relevant Do in its broadcast zone, which is located in the adjacent Metropolitan City), and in case of City/Do adjacent to the Seoul Special Metropolitan City wherein no local broadcasting facility is located, means the broadcasting facilities located in other Cities/Dos as prescribed by the Presidential Decree. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) The provisions

Article 71

of Article 70 (1) (latter part), (6), and (8), shall apply mutatis mutandis to broadcast speeches of the candidates, etc. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(4) In case of any broadcast speech for which television broadcasting facilities are used under paragraph (1), other contents than a speech scene of a candidate or campaign speechmaker shall not be broadcast; in a case where a candidate or campaign speechmaker intends to broadcast his speech by video recording, he shall utilize the relevant broadcasting facility. <Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(5) A person who runs or manages the broadcasting facility shall notify the competent constituency election commission of the name of broadcasting facility, date of utilization, time band, etc. for the election campaign speech by a candidate or campaign speechmaker as provided in paragraph (1), no later than 30 days before the election day (in case of a special election, etc. a beginning day of the pollbook preparation). In this case, where an election of the local constituency National Assembly members and of the head of autonomous Gu/Si/Gun due to the expiration of tenure of office is held, a person who runs or manages the broadcasting facility whose broadcast zone overlaps in one constituency shall determine and notify, through consultations, the name of broadcasting facility, date of utilization, time band, etc. by unit of constituency, so as to have the candidates capable of making a broadcast campaign speech at the same date and same time band. <Amended

Article 71

by Act No. 6265, Feb. 16, 2000>

(6) The constituency election commission shall designate and publicly announce, in advance, the broadcasting facilities and schedules by unit of constituency which are to be used for the campaign speech as provided in paragraph (1) no later than three days before the beginning day of application for candidate registration, and notify a candidate thereof at the time of the application for candidate registration. In this case, where an election of the local constituency National Assembly members and of the head of autonomous Gu/Si/Gun due to the expiration of tenure of office is held, the candidates shall make a campaign speech at the same date and same time band allocated to the relevant constituency, using one local broadcasting facility by unit of constituency. <Amended by Act No. 6265, Feb. 16, 2000>

(7) A candidate in the presidential election, if wishing to make a campaign speech using the broadcasting facilities as provided in paragraph (1), shall submit an application in writing, specifying the name of the broadcasting facilities to be used, the date and time of use, the name of a campaign speechmaker, time needed, method of use no later than three days after the close of candidate registration (the close of supplemental registration, in case of a supplemental election) to the National Election Commission.

(8) Where the date and time of use of the broadcasting facilities applied for by candidates (referring to the recommending party, in case of the party-recommended candidate) under paragraph (7) overlaps

Article 71

one another, the National Election Commission shall determine the date and time, but the relevant date and time shall be impartial to all candidates. In this case, if candidates fail to make a contract for using broadcasting facilities no later than 24 hours before the determined date and time, any person operating or managing such broadcasting facilities may broadcast any others on such time band. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(9) The National Election Commission shall, upon determining the date and time of broadcast as provided in paragraph (8), announce it publicly and notify the political parties or candidates thereof. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(10) In the election of National Assembly members, proportional representative City/Do council members, and heads of local governments, a candidate, if he intends to make a campaign speech using the broadcasting facilities as provided in paragraph (1) 2 through 5, shall report the broadcasting facilities’ name, date and time of use, time needed, method of use, etc. in writing to the constituency election commission concerned, together with a copy of the contract for the use of broadcasting facilities entered into with a person who runs or manages the relevant broadcasting facilities, no later than three days before the date of broadcast. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998>

(11) A person

Article 71

who runs or manages the broadcasting facilities shall cooperate with a campaign speech using the broadcasting facilities as provided in paragraph (1), and treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc. <Amended by Act No. 5412, Nov. 14, 1997>

(12) A person who runs a composite cable broadcasting station (including the channels of those who run the broadcast channels of specialized news programs) and a relay cable broadcasting company under the Broadcasting Act, may air a relay broadcast of campaign speeches by the candidates, etc. In this case, the said person or company shall treat all candidates who have made broadcast speeches, with impartiality. <Amended by Act No. 6265, Feb. 16, 2000>

(13) The form of the application for a campaign speech using the broadcasting facilities, ways of adjusting overlapped broadcast dates and times, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

Article 72 (Broadcast of Candidate’s Campaign Speeches Supervised by Broadcasting Facilities)

(1) The television and radio broadcasting facilities [referring to the broadcasting facilities under the provision of Article 70 (1); hereafter the same shall apply in this Article] shall, in case where they intend to air at their own expenses the candidates' campaign speeches other than the broadcast campaign speeches

Article 72

of the candidates, etc. as provided in Article 71 during the election campaign period in order to have the electors know of candidates (referring to candidates for the local constituency National Assembly member in case of the election of the National Assembly members; and candidates for the local constituency City/Do council member in case of the election of City/Do council members), air the contents in the unedited status, and impartially treat all candidates by unit of constituency (referring to the election district concerned, in case of the election of the local constituency National Assembly members and local constituency City/Do council members): Provided, That where a candidate gives up his campaign speech, this provision shall not apply. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(2) In making a broadcast of the candidates' campaign speeches under paragraph (1),the finger language or a caption may be aired for the electors with a defected auditory sense. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) A person who runs or manages broadcasting facilities, if wishing to broadcast a campaign speech of a candidate as provided in paragraph (1), shall notify the competent constituency election commission of the name of the broadcasting facilities, broadcast date and time, required hours, etc. no later than two days before the broadcast as prescribed by the National Election Commission Regulations.

(4) The provisions of Article 71 (12) shall apply mutatis mutandis to the broadcast

Article 72

of a candidate’s campaign speech supervised by the broadcasting facilities. <Amended by Act No. 5537, Apr. 30, 1998>

Article 73 (Broadcast of Careers)

(1) In the presidential election and the election of the National Assembly members and heads of local governments, the Korean Broadcasting System shall broadcast a candidate’s photograph, name, mark and age, and the name of a political party to which the candidate belongs (in case of an independent candidate, he shall be indicated as “independent”), occupation and other major career provided by the competent constituency election commission, using the television and radio broadcasting facilities during the election campaign period for up to two minutes each time for each candidate, in order to have the electors know of them. In this case, a relevant local broadcasting station may be used for other elections than the presidential election. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000>

(2) The frequency of career broadcasts as provided in paragraph (1) shall be based on any of the following subparagraphs by television and radio broadcast, respectively:<Amended by Act No. 6265, Feb. 16, 2000>

1. In case of the presidential election, eight or more times respectively;

2. In case of the election of the National Assembly members or heads of autonomous Kus/Shis/Kuns, two or more times respectively;

Article 73

and

3. In case of the election of Mayors/Do governors, three or more times respectively.

(3) Where a career broadcast is aired, the frequency and contents thereof shall be impartial to all candidates in the constituency as a unit, and the expenses therefor shall be borne by the Korean Broadcasting System.

(4) The provisions of Articles 71 (12) and 72 (2) shall apply mutatis mutandis to a career broadcast. <Amended by Act No. 6265, Feb. 16, 2000>

(5) The submission of a manuscript for a career broadcast to the competent constituency election commission, notification of a career broadcast, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 74 (Career Broadcasts Supervised by Broadcasting Facilities)

(1) Other television and radio broadcasting facilities [referring to the broadcasting facilities under the provision of Article 70 (1); hereafter the same shall apply in this Article] than the Korean Broadcasting System shall, in case where they intend to air the candidate's career at their own expenses, base his broadcast on the information provided by the competent constituency election commission, and impartially treat all candidates in the constituency as a unit. <Amended by Act No. 5412,

Article 74

Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(2) The provisions of Articles 71 (12) and 72 (2) and (3) shall apply mutatis mutandis to a career broadcast supervised by the broadcasting facilities. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

Article 75 (Joint Campaign Speech Meeting)

(1) The competent constituency election commission shall hold a joint campaign speech meeting of candidates as provided in the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

1. In case of the election of the local constituency National Assembly members, twice for each election district: Provided, That where one election district for a National Assembly member consists of two or more Kus/Shis/Kuns, one time for each Gu/Si/ Gun;

2. In an election of a local constituency City/Do council member and head of autonomous Gu/Si/ Gun, twice for each constituency; and

3. In an election of an autonomous Gu/Si/Gun council member, once for each constituency.

(2) The joint campaign speech meeting shall be held at a proper date, time and place after the close of the candidate registration period, but the speech time shall be allotted equally to each candidate

Article 75

within the limit of 30 minutes.

(3) The competent constituency election commission shall publicly announce the date, time, and place of the joint campaign speech meeting no later than two days before the date of the joint campaign speech meeting, and notify each candidate or his election campaign manager thereof.

(4) The competent constituency election commission shall publicly announce the joint campaign speech meeting using a motor vehicle equipped with a public-address system, as prescribed by the National Election Commission Regulations, and prepare and post up to 200 posters for each campaign speech meeting, in the case of an election of a local constituency National Assembly member and head of autonomous Gu/Si/ Gun; up to 100 posters, in the case of an election of a City/Do council member; and up to 50 posters, in the case of an election of autonomous Gu/Si/Gun council member, but the standard thereof and the matters to be specified shall be prescribed by the National Election Commission Regulations. In this case, the provision of Article 64 (9) shall apply mutatis mutandis to the posting of posters announcing the joint campaign speech meeting. <Amended by Act No. 4947, Apr. 1, 1995;Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(5) The order of the campaign speeches at the joint campaign speech meeting shall be decided by lot whenever it is held, and a candidate, if failing to show up by the time it comes to his turn, shall be deemed to have given up his campaign speech.

Article 75

(6) A person who is not a candidate of the constituency concerned shall not participate in the joint campaign speech meeting and make a campaign speech.

(7) A campaign speech meeting as provided in Article 77 shall not be held in an area within 300 meters in Gu/ Si, and 500 meters inGun, from the place of the joint campaign speech meeting from one hour before the beginning of the joint campaign speech meeting to one hour after the close of the joint campaign speech meeting.

Article 76 (Maintenance of Order at Place of Joint Campaign Speech Meeting)

(1) The chairman of the competent constituency election commission or a member nominated in advance by the chairman shall stop a candidate where the candidate speaks out something in violation of this Act, and shall stop the campaign speech or take other necessary measures if the order to stop is not complied with.

(2) The chairman of the competent constituency election commission or a member nominated in advance by the chairman shall stop the person if the person interrupts a speech at the joint campaign speech meeting or disturbs the order of the joint campaign speech meeting, and may dismiss the person from the place of the joint campaign speech meeting if the order to stop is not complied with.

Article 76

(3) The competent constituency election commission shall record the contents of the campaign speeches rendered at the joint campaign speech meeting.

Article 77 (Campaign Speech Meeting Held by Parties and Candidates, etc.)

(1) A political party (only a political party that has recommended a candidate; hereinafter, the same shall apply in this Article), candidate, election campaign manager, or chief of the election campaign liaison office may hold a campaign speech meeting as a means of election campaign for each candidate during the election campaign period, as provided in the following subparagraphs: <Amended by Act No. 4947, Apr 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. In case of the presidential election, up to two times for each City/Do and once for each Gu/Si/Gun (referring to the election district for the National Assembly member, where one Gu/Si/Gun consists of two or more election districts for the National Assembly member; hereinafter, the same shall apply in this Article), each time not exceeding five hours.In such cases, meetings are allowed only within a building (referred to a place which has its own ceiling and walls on all sides) open for general public;

2. In case of

Article 77

an election of a local constituency National Assembly member, up to two times for each election district for the National Assembly member and each time within three hours: Provided, That where one election district consists of two or more Kus/Shis/Kuns, the meeting shall be held up to the number of Kus/Shis/Kuns including an additional one time for each additional Gu/Si/ Gun;

3. In case of an election of a local constituency City/Do council member and autonomous Gu/Si/Gun council member, one time for each constituency and each time within two hours;

4. In case of the election of heads of Cities/Dos, one time per each Gu/Si/Gun in the City/Do concerned and within four hours per each time; and

5. In case of the election of heads of autonomous Kus/Shis/Kuns, up to two times per each Gu/Si/Gun and within four hours per each time.

(2) A political party, candidate or election campaign manager may hold the campaign speech meeting one time within five hours at one place for two or more Kus/Shis/Kuns, notwithstanding the provisions of paragraph (1). In this case, the campaign speech meeting shall be deemed to have been held one time for each district in calculating the number of the campaign speech meetings.

(3) A political party

Article 77

or two or more candidates recommended by the same political party may jointly hold a campaign speech meeting as provided in paragraph (1) at one place for two or more Kus/Shis/Kuns or constituencies.

(4) Where a campaign speech meeting is jointly held as provided in paragraph (3), the campaign speech meeting shall be held within five hours each time, and each participant shall be deemed to have held one campaign meeting, and its expenses shall be divided among the candidates according to their agreement, but the particulars about the division of expenses shall be specified in a report as provided in paragraph (6).

(5) For the purpose of paragraph (1), the term “campaign speech meeting” means a rally for which many people are asked to attend at such place and time as determined in advance and in which the platform and policy of a political party, candidate’s political views, or other matters necessary for the public relations are spoken out.

(6) A person who wishes to hold a campaign speech meeting shall report the facts in writing to the competent Gu/Si/Gun election commission (City/Do election commissionin cases in which campaign speech meetings are held in every City/Do in the presidential election) as prescribedby the National Election Commission Regulations, no later than one day before the date of the campaign speech meeting. In this case, the person, if wishing to hold a campaign speech meeting for two or more Kus/Shis/Kuns or constituencies at once, shall report it in writing to the Gu/Si/Gun election commission having jurisdiction

Article 77

over the place in which the meeting is to be held, specifying the name of the district in which the meeting is to be held. <Amended by Act No. 5412, Nov. 14, 1997>

(7) When a campaign speech meeting to be held as provided in paragraph (6) is reported, a proper number of persons who will keep the order shall be reported as well, and such persons shall wear the armbands indicating that they are keeping the order and maintain the order at the place of the campaign speech meeting.

(8) No campaign speech meeting may be held by another political party or candidate at the district within 300 meters in Gu/ Si, and 500 meters inGun, from the place where the campaign speech meeting as provided in paragraph (1) is held, from one hour before the beginning of the campaign speech meeting to one hour after the close of the meeting.

(9) If two or more reports as provided in paragraph (6) are filed for the same place, the competent Gu/Si/Gun election commission shall adjust the priority order as prescribed by the National Election Commission Regulations.

(10) A candidate or campaign speechmaker may use a tape recorder or video recording device (including video and audio instruments) at the place of a campaign speech meeting. In this case, he shall not have a cinema, drama, music (excluding a broadcast by a tape recorder), dance, or other artistic or recreational entertainment performed during, before, or after the campaign

Article 77

speech meetig.

(11) A person who holds a campaign speech meeting may install or put up on notices signs or objects for the purpose of supporting or promoting a political party or candidate, and install one advertising balloon (one balloon shall be deemed as one advertising balloon) only in the case of presidential election as prescribed by the National Election Commission Regulations: Provided, That loudspeakers and tape recorders or video cameras may not be installed outside the place where the campaign speech meeting is held. <Amended by Act No. 5412, Nov. 14, 1997>

(12) A person who holds a campaign speech meeting may prepare up to 200 announcement posters (100 announcement posters for each Gu/Si/Gun election campaign liaison office in cases in which campaign speech meetings are held in every City/Do as in presidential election) for each campaign speech meeting, in the case of a campaign speech meeting as provided in paragraph (1) 1 and 4, up to 100 poster for each campaign speech meeting, in the case of a campaign speech meeting as provided in paragraph (1) 2 and 5, and up to 50 posters for each campaign speech meeting, in the case of a campaign speech meeting as provided in paragraph (1) 3, and post them after obtaining the approval seal of the competent Gu/Si/Gun election commission, and where a campaign speech and debate as provided in Article 79 is held, the campaign speech meeting may be publicly announced concurrently, and the standard for and matters to be filled in the announcement poster shall be prescribed by the National Election Commission Regulations.

Article 77

In this case, if the campaign speech meeting is held as provided in paragraphs (2) and (3), the announcement posters may be posted, as many as permitted to post, in each campaign speech meeting for each Gu/Si/Gun or constituency in which the campaign speech meeting is held, and the seal of approval shall be obtained from the Gu/Si/ Gunelection commission having jurisdiction over the place of the speech meeting or each competent Gu/Si/Gun election commission. <Amended by Act No. 5412, Nov. 14, 1997>

(13) A person who has pasted the announcement posters as provided in paragraph (12) shall remove them without delay after the campaign speech meeting is finished.

Article 78 (Free Use of Public Facilities, etc.)

(1) A political party, candidate, election campaign manager, or chief of the election campaign liaison office may use the following facilities as a place of a campaign speech meeting as referred to in Article 77 without charge, as prescribed by the National Election Commission Regulations:

1. A school, public hall, public park, playground, market, roadside square or station square owned or controled by the State or local government (including an organization as provided in Article 53 (1) 4 or 6; hereinafter referred to as the “governmental organization” in this paragraph);

2. Riverside highland, embankment, forest land or naked site owned or controlled by a governmental organization;

Article 78

3. A resident hall, gymnasium, cultural center, other facilities or places in which many people can gather, owned or managed by a governmental organization; and

4. Other public facilities or places other than those as provided in subparagraphs 1 through 3, designated and publicly announced by the competent Gu/Si/Gun election commission.

(2) A person who manages a school or other public facilities, upon receiving a request for use as provided in paragraph (1), shall permit the use preferentially over other purposes unless there is a justifiable reason such as a normal class, but treat all candidates with impartiality.

Article 79 (Campaign Speeches or Interviews at Open Places)

(1) A candidate (excluding the election for the proportional representative National Assembly members and proportional representative City/Do council members), his or her spouse or campaign speechmaker[only for the presidential election and the election for the Mayors/Do Governors, and it refers to two persons nominated by the candidate (referring to a recommending party, in case of a party-recommended candidate for the presidential election) for each Gu/Si/Gun election campaign liaison office, from among those who are eligible to engage in an election campaign; hereinafter referred to as the “candidate” in this Article] may make a campaign speech or interview at an open place for the purpose of providing information on the platform and policy of the political party to which he

Article 79

belongs, his political views or other necessary matters during the election campaign period. In this case, a candidate may appoint one moderator from among election campaign workers and require such a moderator to introduce him and to make a support speech or interview, wherever the candidate makes a campaign speech or interview. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(2) For the purpose of paragraph (1), the term “campaign speech or interview at an open place” means a campaign speech asking persons for the support of a political party or candidate or an interview with persons in a way of answering to questions, rendered at a roadside, square, open space, resident hall, market, shop, or other open places which many people pass through and which is prescribed by the National Election Commission Regulations.

(3) The candidate or moderator may use a motor vehicle, loudspeaker system attached thereto, or portable loudspeaker for a campaign speech or interview at an open place as provided in the following subparagraphs: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. In the presidential election, one unit and one set per each candidate and each City/Do and Gu/Si/Gun election campaign liaison office;

Article 79

2. In the election of Mayors/Do Governors, one unit and one set per each candidate and each Gu/Si/Gun election campaign liaison office; and

3. In the election of local constituency National Assembly members, local constituency City/Do council members, autonomous Gu/Si/Gun council members, and heads of autonomous Kus/Shis/Kuns, one unit and one set per each candidate.

(4) The loudspeaker system as provided in paragraph (3) may be used only for a campaign speech, interview, or direction of a meeting when the motor vehicle is stopped, and the portable loudspeaker may not be used in an area other than where the motor vehicle to be used for a campaign speech or interview comes to a halt. In this case, such a portable loudspeaker may not be used at the same time with the loudspeaker system attached to the motor vehicle. <Amended by Act No. 5127, Dec. 30, 1995>

(5) Where the loudspeaker system attached to a motor vehicle is used, the number of loudspeakers shall not exceed one, and it may be used jointly or alternately by the spouse, in case of a candidate, and by two campaign speechmakers, in case of a Gu/Si/Gun election campaign liaison office in the election of Mayors/Do Governors.

(6) The motor vehicle and loudspeaker system shall be marked as prescribed by the National Election Commission Regulations, and the propaganda

Article 79

poster as provided in Article 64, election campaign bulletin as provided in Article 65, small printed matter as provided in Article 66, or candidate’s photograph smaller than twice the size of the propaganda poster may be attached thereon. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997>

(7) A candidate as provided in paragraph (1) may temporarily attend an indoor meeting which is held by another person, to make a campaign speech or have an interview, and in this case, he may use a loudspeaker system installed at the place or a portable loudspeaker.

(8) A candidate, if wishing to make a campaign speech or have an interview at an open place, shall do so after preparing signs indicating the place of a campaign speech or interview and placing them at the place of a campaign speech or interview with the approval seal of the competent constituency election commission (the Gu/Si/Gun election commission having jurisdiction over the place of a campaign speech or interview, in the case of a speechmaker as provided in paragraph (1)), as prescribed by the National Election Commission Regulations.

(9) A campaign speechmaker as provided in paragraph (1) may make a campaign speech or have an interview at an open place only in the area under jurisdiction of the Gu/Si/Gun election campaign liaison office concerned, and upon making a campaign speech or having an interview, he shall attach his identification card as prescribed by the National Election Commission Regulations.

Article 79

(10) A candidate, when making a campaign speech or having an interview at an open place, may play music including logo song of a political party with contents of promoting a political party or candidate or make broadcast or play film as to platforms or policies, or candidate’ personal histories, political views, or activities by using tape recorders or video cameras (including video and audio appliances. The same shall also apply in this Article hereinafter.) <Amended by Act No. 5412, Nov. 14, 1997>

(11) A candidate, when making a campaign speech or having an interview at an open place, shall not impede the progress of a joint campaign speech meeting as provided in Article 75, a campaign speech meeting held by a political party or candidate as provided in Article 77, or a campaign speech or interview of another candidate at an open place.

(12) A motor vehicle, loudspeaker system, and the standard for and matters to be entered in a sign used for a campaign speech or interview held at an open place, the seal of approval, size of video cameras, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997>

Article 80 (Places Barred from Campaign Speech)

A campaign speech meeting as provided in Article 77 or a campaign speech or interview as provided in Article 79 shall not be held or made at the facilities or place falling under any of the following

Article 80

subparagraphs:

1. A building or facilities other than those as provided in Article 78 (1), owned or managed by the State or local government (including an organization as provided in Article 53 (1) 4 and 6);

2. Inside a train, streetcar, aircraft, terminal premise, ship, or bus; and

3. A hospital, clinic, library, research institute, laboratory, and other medical and research facilities.

Article 81 (Interviews or Debates by Organizations Inviting Candidates, etc.)

(1) An organization which does not fall under any of the following subparagraphs may invite one or more candidates (excluding the election for the proportional representative National Assembly member and proportional representative City/Do council member; hereinafter, the same shall apply in this Article), and interviewers and debaters (limited to the presidential election and the election for the head of City/ Do, and referring to one person nominated by a political party or candidate for each election campaign office or election campaign liaison office, from among those who are eligible to engage in an election campaign; hereinafter, the same shall apply in this Article), and hold an interview or debate indoors, as prescribed by this Act, to inquire about the platform and policy of the political party to which he belongs or the candidate’s

Article 81

political views, or other matters: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. The State, a local government, or government-invested institution as provided in Article 53 (1) 4 through 6;

2. A private group of individuals, such as a native folks society, relatives' society, alumni association, like-minded association such as alpine society, fraternity group; and

3. An organization as provided in subparagraphs of Article 10 (1).

(2) For the purpose of paragraph (1), the term “interview” means that a candidate or an interviewee answers questions made by the organizer or questioner in respect of the platform and policy of the political party to which he belongs or candidate’s political views and other matters, and the term “debate” means that not less than two candidates or debaters question and answer through the organizer on the subject concerning the platform and policy of the political party to which he belongs or candidate’s political views and other matters under the direction of the organizer. <Amended by Act No. 5412, Nov. 14, 1997>

(3) An organization which wishes to hold an interview or debate as provided in paragraph (1) shall report in writing the matters concerning the organization such as the name of the host organization,

Article 81

name of its representative, seat of its office, number of its members, and ground for its establishment, and the name of the candidate, interviewer or debater, subject of the interview or debate, name of the moderator, method of proceedings, and the date, time and place, the number of anticipated participants, etc. to the competent constituency election commission or the Gu/Si/Gun election commission having jurisdiction over the meeting place, no later than two days before the beginning of the meeting, as prescribed by the National Election Commission Regulations. In this case, a written acceptance of the candidate, interviewer or debater to be invited shall be appended to the report.

(4) When an interview or debate as provided in paragraph (1) is held, a sign indicating the interview or debate as provided in paragraph (1) shall be placed or posted under the National Election Commission Regulations.

(5) An opportunity for an interview or debate as provided in paragraph (1) shall be impartially offered for all candidates unless a candidate refuses to accept the invitation, and the organization holding the interview or debate shall see to it that the interview or debate proceeds fairly.

(6) A political party, candidate, interviewer, debater, election campaign manager, chief of a election campaign liaison office, election campaign worker, accountant in charge, or company, etc. having relations with a candidate or his family as provided in Article 114 (2) shall not offer, manifest the intention to offer, or promise to offer money, entertainment, or other interests

Article 81

to the organization sponsoring the interview or debate or the moderator.

(7) An organization holding an interview or debate as provided in paragraph (1) shall not have the candidate bear its expenses.

(8) The provisions of Article 71 (12) shall apply mutatis mutandis to interviews or debates to which candidates and others are invited. <Newly Inserted by Act No. 5537, Apr. 30, 1998>

(9) The forms of the report on holding an interview or debate and the sign and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997>

Article 82 (Interviews or Debates by Press Inviting Candidates, etc.)

(1) The press such as a television or radio broadcasting facility [referring to the broadcasting facilities under Article 70 (1); hereafter the same shall apply in this Article], general daily newspaper, etc. as prescribed by the Registration, etc. of Periodicals Act (hereafter referred to as the “press” in this Article) may hold and report on an interview or debate to inquire about the platform and policy of a political party to which the candidate concerned belongs, or the candidate’s political views or other matters by inviting the candidate or one or more interviewers or debaters (referring to those designated

Article 82

by the candidate from among those who are eligible to engage in an election campaign) with the consent of the candidate during the election campaign period: Provided, That an interview or debate inviting any person who intends to be a candidate, may be held and reported from 120 days before the election date in the president election, and from 60 days before the election date in the election of National Assembly members or Mayors/Do Governors to one day before the beginning date of the election period, notwithstanding the provisions of Article 59. In this case, if the broadcasting facilities intend to hold an interview or debate and to broadcast it, they shall air it in the unedited status, and notify the competent constituency election commission of the date and time and proceeding methods, etc. of the interview or debate pursuant to the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(2) An interview or debate as provided in paragraph (1) shall be held autonomously by the press, in consideration of the broadcasting hour or space of newspaper, etc.

(3) An interview or debate as provided in paragraph (1) shall proceed impartially, and matters necessary for it shall be prescribed by the National Election Commission Regulations.

(4) The provisions of Articles 71 (12), 72 (2) and 81 (2), (6) and (7) shall apply mutatis mutandis to an interview or debate by the press inviting candidates, etc. <Amended by Act No. 6265,

Article 82

Feb. 16 2000>

Article 82-2 (Television Interviews or Debates Supervised by Public Broadcasts)

(1) Public broadcasting companies [referring to the Korea Broadcasting System and a broadcasting corporation contributed by the Broadcasting Culture Promotion Association as prescribed by the Broadcasting Culture Promotion Association Act (in the election of the Mayor/Do governor, a relevant local broadcasting facility); hereafter the same shall apply in this Article] shall jointly hold and report on an interview or debate using a television broadcast in order to have the electors know of the platform and policy of a political party to which the candidate belongs or the candidate’s political views or other matters, by inviting one or several persons from among the candidates during the election campaign period according to one of the following subparagraphs: <Amended by Act No. 6265, Feb. 16, 2000>

1. In the presidential election, 3 times or more; and

2. In the election of the Mayor/Do governor, once or more.

(2) Public broadcasting companies shall establish an Election Debates Broadcasts Committee (hereafter referred to as the “Debates Committee” in this Article) by each constituency by sixty days prior to the election date in order to jointly supervise the interviews or debates in accordance with paragraph (1). <Amended

Article 82-2

by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(3) The Debates Committee consists of 11 or less members in the case of the Debates Committee for the presidential election and 9 or less members in the case of the Debates Committee for the election of the Mayor/Do governor, including persons recommended by broadcasting corporations, scholars of the press studies, the Korea Bar Association, the press organizations, volunteer groups, etc. and one by each political party having seats in the National Assembly. In such cases, public broadcasting companies shall determine categories of broadcasting corporations, scholars of the press studies, the press organizations, volunteer groups, etc. and recommendation procedures, etc. by consulting with one another. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(4) Members of the Debates Committee may not join a political party.<Newly Inserted by Act No. 5412, Nov. 14, 1997>

(5) The Debates Committee shall make a decision as to the selection of candidates, organizer, and questioner for interviews, the determination of forms, topics, and time-period of interviews or debates, or other necessary matters for the proceedings of interviews or debates under paragraph (1), and make a public notice thereon. <Newly Inserted by Act No. 5412, Nov. 14, 1997>

(6) Public broadcasting companies shall jointly report on the holding of interviews

Article 82-2

or debates to the competent constituency election committee by one day before the opening of the said interviews or debates under paragraph (1). <Newly Inserted by Act No. 5412, Nov. 14, 1997; Act No. 6265. Feb. 16, 2000>

(7) Broadcasting companies [referred to broadcasting facilities under Article 70 (1)] other than public ones may make relaybroadcast of interviews or debates under paragraph (1). <Newly Inserted by Act No. 5412, Nov. 14, 1997>

(8) The provisions of Articles 71 (12), 72(2), and81 (2) and (6) through (9) shall apply mutatis mutandis to the television interviews or debates supervisedby public broadcasting companies. <Amended by Act No. 6265, Feb. 16, 2000>

[This Article Newly Inserted by Act No. 5262, Jan. 13, 1997]

Article 82-3 (Election Campaign by Computer Networks)

(1) An agent of election campaign may provide information on election campaign in data base system including bulletin board, library page, etc. of computer networks by personal computers during the period of election campaign so that electors in a constituency or electoral area may inspect it or join the election campaign by getting wired at chatting, debates, etc. page.

(2) No one may disseminate through computer networks untrue facts on a candidate (including a person wishing to be a candidate) involving

Article 82-3

his spouse, or lineal ascendants or descendants, or siblings, and slander them by revealing facts: Provided, That this shall not apply to true facts which are beneficial to general public.

(3) Where anyone regards that contents of data base system of computer networks are put in contravention of paragraph (2), he may report it to various levels of election commissions (excluding election commissions at voting areas; the same shall also apply in this Article hereinafter).

(4) Where election commissions at various levels consider that contents of report under paragraph (3) are contrary to paragraph (2), they may request operators of telecommunications businesses to refuse or suspend, or restrict the handling of the contents concerned through computer networks.

(5) Where election commissions at various levels make requests pursuant to paragraph (4) for the purposes of refusal or suspension, or restriction of the handling of the contents concerned through computer networks, the operators of telecommunications businesses shall comply, without delay, with the requests.

(6) The operator of telecommunications business or the user of the personal computer in receipt of the requests under paragraph (5) may raise an objection against the National Election Commission within three days from the date of receipt of such requests.

[This

Article 82-3

Article Newly Inserted by Act No. 5412, Nov. 14, 1997]

Article 83 (Provision of Transportation)

(1) In the presidential election, the Administrator of the Korean National Railroad shall issue each candidate with 50 free nationwide passes to be used continuously for the election campaign during the election campaign period as prescribed by the National Election Commission Regulations.

(2) A candidate who is issued with the free nationwide passes as provided in paragraph (1), where the candidate resigns or dies or his registration becomes nullified, shall not use them thereafter and immediately return them to the Administrator of the Korean National Railroad.

Article 84 (Independent Candidates, etc. Prohibited from Professing Political Party)

A candidate for an election of an autonomous Gu/Si/Guncouncil member or an independent candidate shall not profess that he is supported or recommended by a specific political party: Provided, That this shall not apply to an indication that he was a political party member during his career. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

Article 85 (Prohibition of Election Campaign Taking Advantage of Status)

Article 83 ~ 85

(1) A public official shall not engage in an election campaign taking advantage of his status. In this case, the public official, if carrying out an election campaign aiming at the staff under his control or officers or employees of an institution as provided in Article 53 (1) 4 through 6, or officers and employees of a related private enterprise as provided in Article 17 of the Public Service Ethics Act, shall be deemed to have engaged in an election campaign taking advantage of his status.

(2) No one shall or shall have another person carry out an election campaign aiming at the members of an educational, religious or professional institution or organization, taking advantage of any occupational act in the organization thereof, or aiming at a business organization, enterprise or members thereof, taking advantage of a special transaction status such as a systematization or subcontract.

(3) No one shall carry out an election campaign aiming at a person who has no voting franchise but is under a special educational relation, taking advantage of an educational act.

Article 86 (Public Officials, etc. Prohibited from Acts Having Effects on Election)

(1) A public official (excluding a National Assembly member, his assistant, chief secretary, and secretary, and a local council member), full-time officer or employee of an institution as provided in Article 53(1) 4 through 6, head of Tong/Ri/ Ban,

Article 86

executive officer higher than a platoon leader of the Homeland Reserve Forces, full-time officer or employee of a national movement organization established pursuant to a special Act and contributed or subsidized by the State or local governments (referring to the Honest Living Movement Council, the Saemaul Movement Council, the Korea Liberty Confederation), and of National Commission for Rebuilding Korea, and president of these organizations, etc. (including City/Do organizations and Gu/Si/Gun organizations), or full-time officer or employee of an association and the Federation of Medical Insurance Associations established under the Medical Insurance Act, and of the National Medical Insurance Management Corporation established under the National Medical Insurance Act shall not commit an act as provided in any of the following subparagraphs: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. An act of promoting the achievements of a specific political party or a candidate (including a person who wishes to be a candidate; the same shall also apply in this Article hereinafter) toward the personnel under his supervision or the electors, regardless of the pretext of education or whatever;

2. An act of participating in the planning of an election campaign or in the implementation of such planning;

3. An act of surveying or publishing a support rate of the electors for a political party or candidate;

4. An act of offering

Article 86

or promising to offer money, goods, or interests other than those as prescribed by the Acts and subordinate statutes to the personnel under his supervision or to the electors during the election campaign period, notwithstanding the pretext: Provided, That the ceremonies of coming-of-age, marriage, funeral or ancestor memorial, or other acts by courtesy or on duty as prescribed by the National Election Commission Regulations shall be excepted;

5. An act of holding a ground-breaking ceremony, during the election campaign period, for a construction work which is not to be immediately proceeded from among the projectsto be executed out of the budget of the State or local governments;

6. An act of taking a business trip for something other than a normal business purpose during the election campaign period; and

7. An act of visiting any institution or facilities related to his duties, on leave, during an election campaign period.

(2) For the period of from thirty days prior to the commencement of election period (in case of by-election, etc., the date on which it is confirmed that the election is to be held) to the election date, the head of a local government shall not commit an act as provided in any of the following subparagraphs in addition to an act that falls under any of the subparagraphs of paragraph

Article 86

(1): <Newly Inserted by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. An act of giving or promising to give money or goods, or benefits other than those as prescribed by the Acts and subordinate statutes, regardless of the pretext, to the personnel under his supervision or the residents in the constituency, by disclosing the title or name of the head of a local government or by means which may be presumed as being done by him;

2. An act of advertising or propagating the platforms, policies, doctrine and advocacy of the party to the residents in the constituency: Provided, That where he becomes a candidate for the election of the head of a local government, this provision shall not apply during its election campaign period;

3. An act of attending all political events held by a political party such as a lecture meeting on the current situation, campaign meeting, or rally for training and unity of party members, etc. with the exception of a rally for formation of a political party, merger of parties, party reorganization, or election of candidates, or visiting an election campaign organization, election campaign office, or election campaign liaison office: Provided, That where he becomes a candidate for the election of the head of the local government concerned, or pays a courtesy visit, as member of a political party, to public meetings organized

Article 86

by its local branch or above only for its members, this shall not apply;

4. An act of holding or supporting lectures on culture, meetings for reports of City/Do or autonomous Gu/Si/Gun administration activities, projects explanation meetings, public hearings, meetings of professional groups, athletics meets, entertaining events for the aged, counselling of petition by general public, or other various events, with the exception of those as referred to in the following items: and

(a) Acts of holding or supporting the events to be held or supported under the Acts and subordinate statutes;

(b) Events whose purposes may not be achieved unless they are held on a special day or during a specific period of time;

(d) Acts of holding or supporting a vocational guidance education or a charged cultural lecture;

(e) Acts of solving a group civil petition or an urgent civil petition when it takes place; and

(f) Acts equivalent to those under items (a) through (e), as prescribed

Article 86

by the National Election Commission Regulations;

5. An act of attending the meetings organized by a head of Tong/Ri/Ban: Provided, That this shall not apply to the case of natural disasters or other hazards, or of a group civil petition or an urgent civil petition when it takes place.

(3) Except for the acts falling under any of the following subparagraphs, the head of a local government shall not publish, distribute or broadcast the publicity articles (includingpublicity papers, news bulletins, publications, facilities, sound recordings, visual records and other publicity articles, and the cases utilizing newspapers and broadcasting) to publicize the plans for projects, process records and other activities of local government in excess of one kind and one time per quarter; and may not publish, distribute or broadcast the publicity articles from 180 days (in case of a special election, the day when the ground for holding an election is confirmed; hereinafter the same shall apply in paragraph (4)) before the election day of the head of relevant local government to the election day: <Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. Acts of publishing, distributing or broadcasting the publicity articles which are prescribed by Acts and subordinate statutes to be published, distributed or broadcasted;

2. Acts of obtaining

Article 86

the consent of persons and residents interested in specially designated projects in order to carry out such projects;

3. Acts of solving a group civil petition or an urgent civil petition when it takes place; and

4. Other acts which are equivalent to those as referred to in the above subparagraphs and which are prescribed by the National Election Commission Regulations.

(4) The head of a local government may not attend any event other than those held by public agencies during his office hours from 180 days before the election day of the head of such a local government to the election day. <Newly Inserted by Act No. 5537, Apr. 30, 1998>

Article 87 (Organizations Prohibited from Election Campaign)

An organization, regardless of its title such as a corporate or foundational juristic person and others, shall not support or oppose, or solicit the support for or opposition to a specific political party or candidate under its name or the name of its representative during the election campaign period: Provided, That this shall not apply to a trade union as prescribed in Article 2 of the Trade Union and Labor Relations Adjustment Act and an organization capable of holding an interview or debate inviting candidates pursuant to Article 81(1).<Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

Article 88 (Prohibition of Election Campaign in Favor of Other Can

Article 87 ~ 88

didates)

A candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, or debater shall not carry out an election campaign in favor of another political party or candidate: Provided, That where part of an election campaign, while intended for a political party or candidate, leads to an election campaign for another political party or candidate, and where he supports the same political party or a candidate recommended by the same political party, or where the election campaign manager jointly appointed under this Act performs an election campaign, this shall not apply.

Article 89 (Similar Institutions Prohibited from Being Established)

(1) Except for a election campaign office or election campaign liaison office as provided in Article 61 (1) and (2), no one shall use, newly establish or install an election promotion committee, supporters’ association or research institute, consultation office, or resting place, whatever the title is, or the existing similar institution, association, organization or facilities, for a candidate (including a person who wishes to be a candidate; hereinafter the same shall apply in this Article): Provided, That this shall not apply to one election countermove organization which is to be respectively established at the office of central, branch or local political party,

Article 89

or the Gu/Si/Gun liaison office and a supporters’ association as prescribed by the Political Fund Act,. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

(2) An institution, association, organization, or facility established and operated by a political party or a candidate shall not do anything, to the electors concerned, that may influence the election, or carry out propaganda using a poster, placard, broadcast, newspaper, communication, magazine or printed matter, or other means in the name of the political party or candidate, or in a manner that such a name may be analogized, in order to let the electors know the establishment or activities of such institution, organization or facilities from 180 days before the election day (the time when the cause for holding the election becomes final, in case of a special election) to the election day: Provided, That in case of notification and advertisement of a rally as provided in Article 6-5 or 6-6 of the Political Funds Act and the fund-raising by advertisement, this shall not apply. <Amended by Act No. 5412, Nov. 14, 1997>

Article 89-2 (Prohibition of Election Campaign Using Private Organization, etc.)

(1) No one may establish or form private organizations or other associations including a research institute, a like-minded association, a native folks society, an alpine society,an early-rising soccer club, an external group of political party, etc. for supporting a candidate (including a person wishing to be a candidate)

Article 89-2

in the election, regardless of their titles or professed objectives.

(2) No one may give, demand or receive money and other articles, dainty repast, or other benefits for the purpose of unduly influencing, in respect of election, the associations or organizations established or installed for objectives other than those of election campaign, or their members, or may perform election campaign in the name of the relevant association or organization, or its representative, or may have them perform the campaign.

[This Article Newly Inserted by Act No. 5412, Nov. 14, 1997]

Article 90 (Prohibition of Installing Facilities)

No one shall or shall have another person install, display, post or distribute any wreath, balloon, signboard, placard, advertising balloon, advertising tower, other advertising materials or facilities, except for those as prescribed by this Act, and shall or shall have another person wear or distribute a label or other indicating materials, and shall make or sell a symbol indicating the candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article) such as a doll or mascot, in order to have an influence on the election from 180 days before the election day (the time when the cause for holding the election becomes final, in the case of a special election) to the election day. In this case, the use of the name of the political party (including a preparatory committee for the formation of a new political

Article 90

party), the candidate’s name or photograph, or any particular way by which it is possible to analogize such a name, except for an act of courtesy, occupation or business, or ordinary political party activity as prescribed by the National Election Commission Regulations, shall be deemed as for exerting an influence on the election. <Amended by Act No. 5127, Dec. 30, 1995>

Article 91 (Restriction on Use of Loudspeaker Systems and Motor Vehicles)

(1) No person shall use a loudspeaker system for an election campaign during the election campaign period, except in a case where it is used for a campaign speech, interview or debate at the place of campaign speech meeting, campaign speech or debate at an open place, interview or debate meeting place, or rally of a political party as prescribed by this Act.

(2) When a joint campaign speech meeting as provided in Article 75 or a campaign speech meeting as provided in Article 77 is held, no person shall use a loudspeaker system in an area within 300 meters from the place of the campaign speech meeting in Gu/ Si, and 500 meters in Gun: Provided, That where it is used for a campaign speech or interview as provided in Article 79 to the extent that it does not impede the progress of such a campaign speech meeting, this shall not apply.

(3) No person shall carry out an election campaign, using a motor vehicle: Provided, That where the person carries out the election campaign

Article 91

aboard a motor vehicle which is stopped at the place of the campaign speech meeting as provided in Article 77 or at the place of campaign speech or interview as provided in Article 79, or uses a motor vehicle to which propaganda posters under Article 79 (6) are attached for a campaign speech or debate as provided in the same Article, this shall not apply.

(4) Except as provided in the proviso of paragraph (3), a political party, candidate, election campaign manager, or chief of the election campaign liaison office may operate or have another person operate a motor vehicle or ship not exceeding the number specified in the following subparagraphs carrying marks issued by the competent election commission, to which propaganda posters as provided in Article 64, election campaign bulletins as provided in Article 65, and small printed materials as provided in Article 66 are attached: <Amended by Act No. 4947, Apr. 1, 1995;Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. In the presidential election and an election of a head of City/ Do, up to five motor vehicles or ships for each election campaign office and election campaign liaison office;

2. In an election of a local constituency National Assembly member and an election of a head of an autonomous Gu/Si/ Gun, up to five motor vehicles or ships for each candidate;

3. In an election

Article 91

of a local constituency City/Do council member, up to two motor vehicles or ships for each candidate; and

4. In an election of an autonomous Gu/Si/Gun council member, one motor vehicle or ship for each candidate.

Article 92 (Prohibition of Election Campaign Using Motion Pictures, etc.)

No person shall distribute, perform, play, show or run writings, entertainment, drama, motion picture or photograph for an election campaign during the election campaign period by means which are not prescribed in this Act.

Article 93 (Prohibition of Unlawful Distribution or Posting, etc. of Documents and Pictures)

(1) No one shall distribute, post, scatter, play, or run an advertisement, letter of greeting, poster, photograph, document, drawing, printed matter, recording tape, video tape, or the like which contains the contents supporting, recommending or opposing a political party (including the preparatory committee for formation of a political party, platform and policy of a political party; hereinafter, the same shall apply in this Article) or candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article) or showing the name of the political party or candidate with the intention of influencing the election, not in accordance

Article 92 ~ 93

with the provisions of this Act, from 180 days before the election day (the time when the cause for holding the election becomes final, incase of a special election) to the election day. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998>

(2) No person may advertise works, entertainments, drama, motion pictures, photographs and other articles showing the name of a political party or candidate by means which are not prescribed in this Act from 90 days prior to the election day to the election day, and a candidate may not appear in the advertisements by broadcast, newspaper,magazineand others: Provided, That this shall not apply to ordinary advertisements for sale of periodicals as referred to in Article 2 of the Registration, etc. of Periodicals Act, except in case of the election period. <Amended by Act No. 5537, Apr. 30, 1998>

(3) No one shall issue, distribute or demand, or have others do so, an identification card, document and other printed matter to or of the residents in the constituency in order to induce or promise them to carry out an election campaign. <Newly Inserted by Act No. 5127, Dec. 30, 1995>

Article 94 (Prohibition of Advertisements by Broadcast or Newspaper, etc.)

No one shall run an advertisement, by means which are not prescribed in this Act, through press media such as a broadcast, newspaper, communication, magazine or other periodicals for an election campaign

Article 94

during the election period. <Amended by Act No. 6265, Feb. 16, 2000>

Article 95 (Prohibition of Abnormal Distribution of Newspapers or Magazines, etc.)

(1) Except as prescribed by this Act, no one shall distribute, or reproduce an article anddistribute, in a way other than normal, a newspaper, communication, magazine, or the organ of an institution, organization or facilities, or other periodicals which carried an article about the election.

(2) For the purpose of paragraph (1), the term “article about the election” means an article on the success or defeat of a candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in Articles 96 and 97) in the election, or an article in favor of or against a certain political party (including the preparatory committee for formation of a political party), and the term “distributed in a normal way” means to be published and distributed in the way and scope of the past.

Article 96 (Prohibition of False Criticism and Report)

A person who operates or manages a broadcast, newspaper, wire service, magazine, or other periodicals or a person who edits, gathers materials, writes or reports, shall not report a false fact or report or criticize a fact in a distorted way as to the election, with the intention of making a certain candidate win or lose in the election.

Article 95 ~ 96

Article 97 (Restriction on Unlawful Use of Broadcast or Newspaper)

(1) No one shall offer, manifest his will to offer, or promise to offer money and goods, banquet, or other interests for the election campaign to a person who operates, manages a broadcast, newspaper, communication, magazine, or other publications, or a person who edits, gathers materials, writes, or reports.

(2) No political party, candidate, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, campaign speechmaker, interviewer, debater, or company having relations with the candidate or his family as provided in Article 114 (2) shall offer, manifest his will to offer, or promise to offer money and goods, banquet, or other interests to a person who operates or manages a relevant broadcast, newspaper, wire service, magazine, or other publications, or a person who edits, gathers materials, writes, or reports, or his assistant, in connection with a news, criticism, interview or debate on the election.

(3) A person who operates, manages a broadcast, newspaper, wire service, magazine, or other publications, or a person who edits, gathers materials, writes, or reports shall not receive, solicit, demand or promise money, banquet, or other interests as provided in paragraphs (1) and (2).

Article 98 (Restriction on Use of Broadcast for Election Campaign)

Article 97 ~ 98

Except as prescribed by this Act, no one shall broadcast or have someone else broadcast for an election campaign, using the broadcasting facilities, regardless of the way of using it. <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

Article 99 (Prohibition of Election Campaign by Internal Broadcast)

Except as prescribed by this Act, no one shall carry out an election campaign using broadcasting equipment installed in transportation means, building or facilities during the election period.

Article 100 (Prohibition of Use of Recorders)

No person shall carry out an election campaign using any recorder or video recorder (including a video and audio device) during an election campaign period, except in the case of a campaign speech meeting as provided in Article 77 or a campaign speech or interview at an open place as provided in Article 79.

Article 101 (Prohibition of Other Campaign Speech Meetings)

No person shall hold a campaign meeting to give out his personal political views, lecture meeting on the current situation, discussion meeting,

Article 99 ~ 101

debate other campaign speech meetings, or interview or debate meeting other than the campaign speech meeting or interview or debate meeting as prescribed by this Act where many people are gathered during the election campaign period, with the intention of influencing an election.

Article 102 (Restriction on Night Campaign Speeches)

A campaign speech meeting, or interview or debate meeting (excluding a case where any broadcasting facilities are used) as prescribed by this Act shall not be held from 11 P.M. till 6 A.M. on the following day, and any campaign speech or interview at an open place shall not be held from 10 P.M. till 7 A.M. on the following day: Provided, That an interview or debate at an open place may be held from 6 A.M. till 11 P.M. if only a portable loudspeaker is used. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997>

Article 103 (Restriction on Various Assemblies)

(1) No one shall hold a native folks society, relatives' society, or alumni association intended for the electorate or in the area where an election is held during the election campaign period, and a national movement organization established pursuant to a special Act and contributed or subsidized by the State or local governments (referring to the Honest Living Movement Council, the Saemaul Movement Council, the Korea Liberty Confederation), and the National Commission for Rebuilding Korea shall not hold, during the period of election, any meetings or other gatherings under whatever titles. <Newly Inserted

Article 102 ~ 103

by Act No. 6265, Feb. 16, 2000>

(2) No one shall hold any rally to strengthen the unity, picnic, or other assemblies during an election campaign period, with the intention of influencing an election. <Amended by Act No. 6265, Feb. 16, 2000>

(3) The neighbor’s meeting in Ban shall not be held during the election campaign period unless there is any special reason.

Article 104 (Prohibition of Disturbing Acts, etc. at Campaign Speech Meeting)

No one shall disturb the order at the place of a campaign speech meeting, or interfere with its proceeding by violence, threat, or other means at the place of a campaign speech meeting, of a campaign speech or interview at an open space, of interview or debate meeting, or of a rally of a political party as prescribed by this Act, and no torch shall be used except in a case where the person in charge of the election campaign speech meeting uses it for lighting the speech platform and its surroundings.

Article 105 (Prohibition of Procession, etc.)

(1) No one shall march along the street in group or shout repeatedly for an election campaign, and shout repeatedly to interfere with an election campaign by a political party or candidate: Provided, That with respect to repeated shouting to express any support

Article 104 ~ 105

for the political party or candidate concerned at a campaign speech meeting as provided in Article 77 and at a campaign speech or interview meeting at an open space as provided in Article 79, the same shall not apply.

(2) Except as provided for in Article 68 (2), no one may perform election campaign, wearing a cap or clothes in the same shape or color or carrying other symbols. <Newly Inserted by Act No. 5412, Nov. 14, 1997>

Article 106 (Restriction on House-to-House Visits)

(1) No one shall make a house-to-house call to persuade another person to join a political party, for an election campaign or during the election campaign period.

(2) Notwithstanding the provision of paragraph (1), a person who is eligible for an election campaign may appeal for support for a political party or candidate at a ceremony of comingof-age, marriage, funeral and ancestor memorial, road, market, shop, tea room, waiting room, or other open places to which many people have an access.

(3) No person shall make a house-to-house call for notification of any campaign speech meeting, or campaign speech or interview at an open place during the election campaign period.

Article 107 (Prohibition of Signature or Seal Campaign)

No one shall obtain a signature or seal from an elector for an election campaign.

Article 106 ~ 107

Article 108 (Prohibition of Publication of Public Opinion Poll)

(1) No one shall publish or report by quoting the details or result of a public opinion poll (including a mock voting or popularity poll; the same shall also apply in this Article hereinafter) that may result in a presumption of a support rate of a political party or a winning candidate in connection with an election, from the beginning day of an election campaign period to the close of balloting on the election day.<Amended by Act No. 5412, Nov. 14, 1997>

(2) No one shall conduct a public opinion poll on an election using the means based uponmodels similar to the ballot paper or under the name of the candidate (including the person who wishes to be a candidate; the same shall also apply in this Article hereinafter) or political party (including the preparatory committee for formation of a political party; the same shall also apply in this Article hereinafter) from 60 days before the election day (the time when the cause for holding the election becomes final, in the case of a special election; the same shall also apply in this Article hereinafter) to the election day. <Amended by Act No. 5412, Nov. 14, 1997>

(3) Where a public opinion poll on election is conducted for the purposes of disclosure or report, an inquiring person shall tell those to be polled the title, address, or telephone number of institutions or associations conducting the public opinion poll, and his identity, and select those to be polled capable of representing the whole strata of relevant objects of poll,

Article 108

and shall not perform practices falling under any of the following subparagraphs: <Newly Inserted by Act No. 5412, Nov. 14, 1997>

1. Practices in which questions are made of biased vocabulary or sentences to a particular political party or candidate;

2. Practices in which those to be polled are urged to give answers, or where questions are made to lead them to give answers according to the intention of the inquiring person or where the views of those polled are distorted;

3. Practices in which inquiries are made in ways that amusement and other gambling spirit is incited; and

4. Practices in which the name of those polled or the contents implicating it are disclosed.

(4) Where results of public opinion poll on election are revealed or publicized, the name of client, institution or association of public opinion poll, method of selecting those polled, size of samples, areas polled, dates or method of polling, error rate of samples, response rates, contents of questions, etc. shall be disclosed or publicized together; the institution or association conducting public opinion poll on election shall keep for the period of six months after the election date all those materials which are related to the public opinion poll, including necessary materials to evidence credibility and objectivity of polling, such as polling plans, selection of

Article 108

those to be polled, sampling, making o questionnaire, results analysis, etc., and collected answer sheets and results analysis materials, etc. <Newly Inserted by Act No. 5412, Nov. 14, 1997>

Article 109 (Prohibition of Election Campaign by Letters, Telegrams, etc.)

(1) No one shall carry out any election campaign to the elector using letters, telegrams, or facsimile, or other means of telecommunication during the election campaign period: Provided, Thatthis shall not apply to cases in which a personal computer or telephone (excluding telephones fitted with automatic transmission system through computer) is used. <Amended by Act No. 5262, Jan. 13, 1997;Act No. 5412, Nov. 14, 1997>

(2) An election campaign by means of a telephone as provided in the proviso of paragraph (1) shall not be carried out in the night-time (referring to the time between 11 P.M. and 6 A.M. on the following day).

(3) No one shall threaten a candidate, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, campaign speechmaker, interviewer, debater, or elector, etc. through a telephone or other means, for an election campaign.

Article 110 (Prohibition of Slander against Candidates, etc.)

No one shall publish,

Article 109 ~ 110

for an election campaign, any false facts about the birthplace, status, occupation, career, property, personality, or activity of a candidate (including the person who wishes to be a candidate; hereafter the same shall apply in this Article), his spouse, lineal ascendants or descendants, or siblings, or about an organization to which such persons belong, or slander a private life by openly pointing out a fact: Provided, That this shall not apply where it is true and for the benefit of the general public.

[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]

Article 111 (Report on Parliamentary Activities)

(1) A National Assembly member or a local council member may report his parliamentary activities (including activities in his constituency and other matters necessary for publicity of his achievements) to the electorate (including the electorate newly included in the district by the change in the administrative or electoral district), through assemblies such as briefing sessions, written reports (including printed matter, sound recording, video recording, and copies of computerized data), personal computer or telephone (excluding telephones fitted with automatic transmission system through computer): Provided, That the parliamentary activities shall not be reported through activities in respect to his duties or others regardless of the pretext, from the beginning day of the presidential election or of the election of National Assembly members, local council members, or the heads of local governments, to the election day.

Article 111

(2) In case where a National Assembly member or a local council member holds a briefing session of his parliamentary activities, he may paste or post notification posters and marks of session venue, and print the session name, date and time, venue and matters to be reported (excluding the contents to propagate the person who wishes to be a candidate) on the relevant posters and marks. In this case,a National Assembly member or local council member who holds a briefing session of his parliamentary activities shall, upon the completion of the said session, remove the posters and marks without delay.

(3) The size and quantity of the notification posters and marks of the briefing session of parliamentary activities and other matters necessary for the report on parliamentary activities shall be prescribed by the National Election Commission Regulations.

[This Article Wholly Amended by Act No. 6265, Feb. 16, 2000]

Article 112 (Definition of Contribution Act and Restriction Period, etc.)

(1) For the purpose of this Act, the term “contribution act” means to conduct an act falling under any of the following subparagraphs to a person in the constituency concerned, a meeting or event of an institution, organization, facilities, and the electorate, or a person who is residing outside the constituency concerned but has relations with electors:

Article 112

1. An act of offering money, wreaths, calendars, books, food, or other beneficial goods;

2. An act ofgratuitous lending or transferring goods or facilities, or exempting or reducing an obligation;

3. An act of offering a compensation for joining a political party or receiving an application for joining a political party;

4. An act of bearing the whole or part of the expenses for offered sightseeing;

5. An act of offering transportation facilities or conveniences;

6. An act of giving compensation to a person attending a campaign speech meeting, campaign speech or interview at an open place, interview or debate meeting, or rally held by a political party, or a person mobilizing an audience for such a rally;

7. An act of furnishing information of economic value;

8. An act of offering goods or service at a low price or without charge, or purchasing them at a high price;

9. An act of giving money and goods or other economic interests to a religious or social organization, etc.;

Article 112

10. An act of providing interests other than those as provided in subparagraphs 1 through 9, regardless of the pretext thereof; and

11. An act of manifesting a will to offer, or promising to offer any interest as provided in subparagraphs 1 through 10.

(2) Notwithstanding the provisions of paragraph (1), practices falling under each of the following subparagraphs, which are done by courtesy or on service, or which are every day activities of political party, shall not be regarded as contribution acts: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998>

1. Practices of offering money or goods for congratulations or condolences for a ceremony of coming of age, marriage, funeral or ancestral worship of relatives as referred to in Article 777 of the Civil Act, or other congratulations or condolences or offering goods for congratulations or condolences as referred to in the proviso of Article 117-2 (1) 2 for a ceremony of coming of age, marriage, funeral or ancestral worship, or other congratulations or condolences of any person other than relatives;

2. Practices of providing a scholarship which a scholarship foundation or fund has paid periodically for two years before the election: Provided, That during the contribution-restricted period, practices of extending or changing the amount,

Article 112

object, payment method of the scholarship, or disclosing the name of a candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this subparagraph) or a political party to which he belongs, or in a manner that the name of the candidate or the political party to which he belongs can be analogized, shall be excluded;

3. Practices falling under any of the following items (excluding gifts or souvenirs) at a rally for the formation of a political party under Article 140 (1) or a rally of party members or their training sessions, or other rallies exclusive to party members belonging to the same political party under Article 141 (2), which are performed at the expense of the political party:

(a) Practices of providing reading materials or other printed matter advertising a political party;

(b) Practices of providing badges or mascots of a political party at low prices; or

(c) Practices of providing transportation facilities for convenience of party members attending a rally for the formation of the political party under Article 140 (1) since it is difficult to use public transportation for access to the place of rally or because of lack of public transportation;

4. Practices of providing persons falling under each of the following

Article 112

subparagraphs food and drinks (excluding treating at hot spring resorts, tourist resorts, or amusement parks) including snacks, rice cakes (Dduck), scrolled rice with dry sea weed(Kimpab), drinks (excluding alcoholic drinks), etc. within reasonable limits:

(a) Those visiting election offices, liaison offices, or political party offices higher than Gu/Si/Gun liaison office of a political party;

(b) Those attending briefing sessions on parliamentary activities which a member of the National Assembly or local council, or the head of a local government holds as part of his duties;

(d) Party executive officers attending party executive staff meetings which are held by the extended meeting of the party executive staff or the representative of district branch of political party ( referred to meetings which officers of higher than director of Gu/Si/Gun liaison office of a political party and of higher than male or female managers at Eup/Myeon/Tong attend);

5. Practices of providing those falling under each of the following subparagraphs with food and drinks (excluding treating at

Article 112

hot spring resorts, tourist resorts, or amusement parks) within reasonable limits:

(a) Those who are accompanying candidates for election campaign. In such cases, the scope of accompanying persons shall be determined by the National Election Commission Regulations;

(b) Those who are accompanying the representative of district branchof a political party (excluding its candidate) where he visits a place within constituency or electoral area. In such cases, the scope of accompanying persons shall be determined by the National Election Commission Regulations;

(c) Party members or visitors present at the rally of the foundation of political party under Article 140(1). In such cases, alcoholic drinks are excluded; or

(d) Those who contributed money or goods at a fund-raising rally held by supporting groups under Article 6-5 of the Political Fund Act: Provided, That only food and drinks are allowed during election period;

6. Practices in which the central branch of a political party gives accommodation and food, or travel expenses or transportation convenience within reasonable limits at the expense of the political party to party members present at training

Article 112

sessions of party members organized for those who are to attend an extended meeting of party executive staff under Article 142 (1), or salaried clerical staff; or

7. Practices by courtesy or on service, or remedial or charitable practices, or every day activities by a political party, as prescribed by the National Election Commission Regulations.

(3) Reference to “food and drinks provided within reasonable limits” in paragraph (2) shall be construed to mean those which are offered for consumption at the site to the extent of satisfying every day courtesy not exceeding the amount of money as prescribed by the National Election Commission Regulations, excluding what are provided as souvenirs or gifts. <Newly Inserted by Act No. 5412, Nov. 14, 1997>

(4) The period in which a contribution act is prohibited (hereinafter referred to as the “contribution-restricted period”) shall be as follows:

1. In an election by the expiration of the term, from 180 days before the election day to the election day; and

2. In a special election, from the time when the cause for holding the election becomes final to the election day.

(5) When the contribution-restricted period as provided in paragraph (4) begins, each election commission (excluding the voting district

Article 112

elecion commission) shall promulgae he subjec, conens and period of the restriction on any contribution act and other necessary matters, by means of advertisement, as prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997>

Article 113 (Restriction on Contribution Act of Candidates)

A candidate (including a person who wishes to be a candidate) and his spouse shall not conduct a contribution act during the contributionrestricted period, regardless of its relation to the election.

Article 114 (Restriction on Contribution Act of Political Parties and Family of Candidate)

(1) A political party (including the preparatory committee for formation of a political party; hereinafter, the same shall apply in this Article), candidate (including the person who wishes to be a candidate; hereinafter, the same shall apply in this Article), or his lineal ascendant, descendant, or brother and sister, spouse of the candidate’s lineal descendant, spouse of a brother and sister, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, or company or other juristic person or organization (hereinafter referred to as the “company”) having a relation with the candidate or his family (with respect to the scope of a family, the provision of Article 10 (1) 3 shall apply mutatis mutandis), or its officer or employee shall

Article 113 ~ 114

not make any contributions to the candidate or the poitical party to which he belongs, in connection with the election prior to the election period and regardless of its relation to the election during the election campaign period, during the contribution-restricted period. In this case, an act of making contributions by disclosing the name of the candidate or political party to which he belongs or in the manner that such a name can be easily analogized shall be considered as a contribution act for the candidate or political party in connection with the election.

(2) For the purpose of paragraph (1), the term “company having relation to the candidate or his family” means a company falling under any of the following subparagraphs:

1. A company, or other juristic person or organization of which the candidate is an officer, employee or member, or he participates in its establishment and operation through a contribution of funds, or he may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes, or an agreement;

2. A company, or other juristic person or organization of which a member of the candidate’s family is an officer or member, or participates in its establishment and operation through a contribution of funds, or he may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes, or an agreement; and

3. A supporters’

Article 114

association established for a candidate or political party to which he belongs, as prescribed by the Political Funds Act.

Article 115 (Restriction on Contribution by Third Persons)

A person, even though not provided for in Article 113 or 114, shall not make, or have someone else make contributions to a candidate (including a person who wishes to be a candidate; hereinafter, the same shall apply in this Article) or political party to which he belongs (including the preparatory committee for formation of a new political party; hereinafter, the same shall apply in this Article), in connection with an election, during the contribution-restricted period. In this case, an act of making contributions by disclosing the name of the candidate or political party to which he belongs or in such a manner that such a name can be analogized, shall be considered as a contribution act of the candidate or political party in connection with the election.

Article 116 (Prohibition of Solicitation or Demand for Contribution)

No one shall receive, or solicit or demand contributions from or to a political party (including the preparatory committee for formation of a political party), candidate (including a person who wishes to be a candidate) or his family, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, company having relation

Article 115 ~ 116

to the candidate or his family as provided in Article 114 (2), its officer or employee, or a third person as prescribed in Article 115, in connection with the election, during the contribution-restricted period.

Article 117 (Prohibition of Receiving Contributions)

No one shall demand contributions of or receive contributions from a person who falls under any of the subparagraphs of Article 12 of the Political Funds Act, in connection with an election.

Article 117-2 (Every Day Restriction on Money or Goods for Congratulation, Condolence, etc.)

(1) No member of the National Assembly or local council, head of a local government, representative of a local branch of a political party,candidate (including a person wishing to be a candidate) and his spouse may perform acts falling under any of the following subparagraphs, without regard to whether they are involved with an election, to those who are in the constituency or electoral area, or who are related with him although they left institutions, associations, facilities, or even where they are out of the constituency or electoral area: <Amended by Act No. 5537, Apr. 30, 1998>

1. Acts of offering money or goods, or other benefits for various events such as picnic, sightseeing, athletic and climbing meetings;

2. Acts of offering

Article 117 ~ 117-2

money or goods for congratulations or condolences for a ceremony of coming of age, marriage, funeral or ancestral worship, or other congratulations or condolences of any person other than relatives as referred to in Article 777 of the Civil Act: Provided, That this shall not apply to an act of offering goods for congratulations or condolences not exceeding the amount of money as prescribed by the National Election Commission Regulations; or

3. Acts of officiating at a marriage ceremony.

(2) No one may promise, instruct, persuade, serve as intermediary, or demand practices under paragraph (1).

(3) Notwithstanding the provisions of paragraph (1), the abovementioned provisions shall not apply to formal or ex officio acts, relief and charity acts and ordinary political party activities as prescribed by the National Election Commission Regulations, and such a case as referred to in Article 112 (2). <Amended by Act No. 5537, Apr. 30, 1998>

[This Article Newly Inserted by Act No. 5412, Nov. 14, 1997]

Article 118 (Prohibition of Return Courtesy after Election)

A candidate, his family, or party executive staff member shall not be involved in an act falling under any of the following subparagraphs to the electorate for congratulation, consolation, or other return courtesy in connection with a success or defeat in

Article 118

the electio, after the electio:

1. An act of offering money, goods or banquet;

2. An act of advertising through a broadcast, newspaper, magazine or other publications;

3. An act of making a procession in a motor vehicle, marching along the street in a group, or shouting repeatedly in the street: Provided, That in case of an act of greeting in the street for the success or defeat in the election, using a motor vehicle as provided in Article 79 (3), the same shall not apply; and

4. An act of gathering the electors and holding a meeting for celebrating the success or consoling the defeat in the election.

CHAPTER Ⅷ ELECTION EXPENSES

Article 119 (Definition of Election Expenses)

(1) For the purpose of this Act, the term “election expenses” means money, goods, obligation, or other things of economic value required for the election campaign in the election concerned and borne by the candidate (referring to a party-recommended candidate in the presidential election, and a political party which has recommended a candidate in an election of a proportional representative National Assembly member and a proportional representative City/Do council member). In this case, any

Article 119

expenses disbursed for an election campaign in contravention of the provisions of this Act, those disbursed in contravention of the provisions concerning the restriction on contributions, those disbursed by a third person for an election campaign of the candidate in collusion with a political party, candidate, election campaign manager, chief of the election campaign liaison office or accountant in charge, and those disbursed in contravention of the provisions concerning the restriction on contributions shall be considered as election expenses. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) For the purpose of this Act, the term “revenue” means money, goods convertible into money, or other economic interests or promise to receive economic interests, for an appropriation for election expenses.

(3) For the purpose of this Act, the term “disbursement” means any provision or delivery of election expenses, or promise to do so.

Article 120 (Expenses not Recognized as Election Expenses)

The following expenses shall not be considered as election expenses as prescribed by this Act: <Amended by Act No. 5127, Dec. 30, 1995;Act No. 5412, Nov. 14, 1997>

1. Expenses required for the preparation of an election campaign prior to the candidate registration, such as those needed for obtaining recommendations of the electors;

2. Expenses for

Article 120

a ally to elect the candidate of a political paty, and other expenses needed for party activities related to an election;

3. Deposit money, payments and fees to be paid to the State, local government or election commission in connection with an election;

4. Electricity, telephone and water bills and other maintenance expenses of an election campaign office and election campaign liaison office, which have been disbursed by a political party or candidate before and since the beginning of the election campaign period;

5. Expenses for installation and maintenance of an election campaign office and election campaign liaison office;

6. Expenses for operating an automobile [including a motor vehicle and ship as provided in Article 91 (4)] used by a political party, candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer and debater;

7. Expenses such as telegram charges, etc. disbursed by a third person for an election campaign of a certain candidate, without collusion with the political party, candidate, election campaign manager, chief of the election campaign liaison office or accountant in charge;

8. Expenses required

Article 120

for a courteous or functional act which is not considered as a contribution act as provided in Article 112 (2): Provided, That the expenses for such an act as provided in subparagraphs 4 (a) and 5 (a) of the same paragraph of the same Article shall be excluded; and

9. Expenses for putting remaining affairs in order, the cause for disbursement of which occurs after the election is held.

Article 121 Deleted. <by Act No. 5262, Jan. 13, 1997>

Article 122 (Public Notification of Restricted Amount of Election Expenses)

(1) Each constituency election commission shall calculate the restricted amount of the election expenses in total, taking into consideration the expenses required for the modes of election campaigns which are allowed by election, and announce it publicly no later than 10 days before the beginning of the election campaign period (in the case of a special election, three days from the date when the election day is publicly announced). In this case, the expenses which the State or a local government shall fill on behalf of a political party or candidate as prescribed by this Act, shall be announced publicly therewith. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The method of calculation of and procedure for public announcement for

Article 121 ~ 122

the restricted amount of the election expenses as provided in paragraph (1) and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Wholly Amended by Act No. 5262, Jan. 13, 1997]

Article 122-2 (Filling, etc. of Election Expenses)

(1) The expenses to be paid for the election campaign under the provisions of this Act shall be borne by the relevant candidate (referring to the candidate recommended by the political party in the presidential election and to the relevant recommending political party in the election of proportional representative National Assembly members and proportional representative City/Do council members; hereafter the same shall apply in this Article); in case where the candidate falls under Article 57 (1), the expenses falling under any of the following subparagraphs shall be filled, within the limit of expenses publicly notified by the constituency election commission pursuant to the latter part of Article 122 (1), after the election day by the State in the presidential election and the election of National Assembly members, and by the relevant local government in the election of local council members and the head of local government:

1. Expenses for making the propaganda posters under Article 64;

2. Expenses for making the election campaign bulletins under Article 65;

Article 122-2

3. Expenses for making the small printed matters under Article 66;

4. Expenses for the newspaper advertisements under Article 69;

5. Expenses for the broadcast advertisements under Article 70;

6. Expenses for the broadcast speech of the candidate from among those for broadcast speeches under Article 71; and

7. Expenses falling under any of the following items in the presidential election and the election of National Assembly members and Mayor/Do governor:

(a) Expenses for the lease of motor vehicle and loudspeaker system (including oil expenses for motor vehicle for speech and interview) for speeches or interviews at open places under Article 79; and

(b) Allowances to the election campaign manager, etc. under Article 135.

(2) The expenses falling under any of the following subparagraphs shall be borne by the State or local government for the candidates:

1. Expenses for

Article 122-2

pasting and emoval of popaganda postes unde Aticle 64;

2. Expenses for delivery and mailing of election campaign bulletins under Article 65;

3. Expenses for delivery and mailing of the book-type small printed matters and leaflet-type small printed matters under Article 66;

4. Expenses for holding the joint campaign speech meeting under Article 75;

5. Allowances and food expenses to the voting witnesses under Article 161 and to the absentee voting witnesses under Article 162; and

6. Allowances and food expenses to the ballot counting witnesses under Article 181.

(3) The counting method of expenses under paragraphs (1) and (2) and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]

Article 123 (Appointment of Accountant in Charge)

(1) A political party (only in the presidential election and an election of a proportional representative National Assembly member and

Article 123

a proportional representative City/Do council member) or candidate (including the chief of the election campaign liaison office in case of the campaign liaison office; hereafter, the same shall apply in this Article) shall immediately appoint a person to handle the revenues and disbursements as to the election expenses for each election campaign office and election campaign liaison office, after a candidate registration is applied for, from among those who are eligible for an election campaign, and report in writing his name, address and resident registration number to the election commission concerned. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) A candidate, his election campaign manager, or chief of the election campaign liaison office may concurrently hold the post of accountant in charge, and in this case, he shall report it in writing to the election commission concerned.

(3) An accountant in charge may appoint an assistant for the accounting affairs from among the election campaign workers.

(4) A political party or candidate, when appointing and reporting the accountant in charge, shall determine the maximum amount the accountant is allowed to disburse within the limit of the restricted amount of election expenses as provided in Article 122, and draw up an agreement (only in the case of the accountant in charge for an election campaign office) signed and sealed by the political party or candidate who has appointed the accountant in charge, together with the latter, and the written agreement and oath of the accountant in charge that he

Article 123

will strictly manage the affairs concerning the revenues and disbursements for the election expenses under his responsibility, shall be submitted together. This provision shall also apply in the case where a candidate, election campaign manager or chief of the election campaign liaison office concurrently holds the post of accountant in charge as provided in paragraph (2): Provided, That if a candidate concurrently holds the post of accountant in charge, the preparation of the written agreement shall not be required.

(5) If the accountant in charge is unable to carry out his duties, or he is dismissed, or his post becomes vacant, the person who is authorized to appoint him shall immediately appoint his successor and report it in writing to the election commission concerned together with a written agreement and oath as provided in paragraph (4), but a copy of the written dismissal or resignation specifying the reasons thereof shall be appended to the report on the replacement of the accountant in charge.

(6) If the accountant in charge is replaced, a paper on the transfer of revenues and disbursements for the election expenses shall be prepared and the transferor and the transferee shall sign and impress their seal thereon.

Article 124 (Beginning of Duties for Accountant in Charge)

An accountant in charge shall not receive or disburse election expenses before the appointment is reported to the election commission concerned.

Article 125 (Responsibility for Accounting Affairs before Appointm

Article 124 ~ 125

ent of Accountant in Charge is Reported)

(1) A candidate or a person who wishes to be a candidate (including the accountant in charge for a political party, in the case of the presidential election) shall be responsible for the affairs concerning any revenues and disbursements for election expenses before the appointment of an accountant in charge is reported, in accordance with the provisions of Article 127.

(2) When a political party or candidate appoints an accountant in charge and reports the facts thereof, a paper on the transfer of revenues and disbursements of the election expenses before the appointment is reported shall be prepared and handed over to the accountant in charge, together with cash, account books and other relevant documents after the transferor and transferee sign and impress their seals thereon.

Article 126 (Scope of Revenues for Election Expenses)

The revenues for the election expenses shall be limited to the assets (including a loan) intended for the election campaign of a political party (limited to the presidential election and an election of a proportional representative National Assembly member and proportional representative City/ Do council member) or candidate, money contributed by a supporters’ association as prescribed by the Political Fund Act, and grant-in-aid of the political party to which the candidate belongs. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

Article 126

Article 127 (Revenues and Disbursements for Election Expenses)

(1) When a political party or candidate has appointed the accountant in charge and reported the facts thereof, he shall immediately open a deposit account, to receive and disburse the election expenses, at a financial institution whose principal business zone is located at the seat of the election campaign office or election campaign liaison office concerned, and report in writing to the competent election commission the name of the political party or candidate, depositor and financial institution, account type, account number.

(2) The accountant in charge shall receive or disburse the election expenses only through the deposit account as provided in paragraph (1).

(3) Once the accountant in charge is appointed and reported, no other person shall disburse election expenses: Provided, That where an assistant to the accountant in charge who is delegated in writing by the accountant in charge with the purpose and scope of the amount specified, the same shall not apply.

Article 128 (Submission of Copy of Deposit Passbook)

The accountant in charge, where submitting a report on the revenues and disbursements for election expenses as provided in Article 132, shall submit it with a copy of the deposit passbook as provided in Article 127 to the competent election commission.

Article 127 ~ 128

Article 129 (Keeping Book on File and Keeping Accounts)

(1) The accountant in charge shall keep an account book on file and keep accounts of the following matters:

1. Details of all revenues and disbursements for election expenses; and

2. Date and amount of the revenues and disbursements for election expenses, and the name, address, resident registration number and telephone number of the person who has given the revenue or who has received the disbursement, as provided in Article 126.

(2) If the revenue or disbursement as provided in paragraph (1) is an economic interest other than money, the name and value of such a item shall be entered, and if it is a check, the name of the issuing financial institution and its amount and number shall be entered.

(3) The accountant in charge shall appropriate for election expenses the amount of money equivalent to ordinary transaction prices or the amount of rent formed in the market even though motor vehicles (referred to those for election campaign), loudspeaker systems, printed matters, facilities or other apparatus, or goods are used for free, or at extremely low prices. In such cases, as regards printed matters, facilities, or other goods which are to be compensated by the provisions of this Act, their prices shall be deemed to be those publicized by the concluding part of Article 122 (1). <Newly Inserted by Act

Article 129

No. 5412, Nov. 14, 1997>

(4) The types of and standard for the account book as provided in paragraph (1) and the method of making entry and calculation of prices under paragraph (3) shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 5412, Nov. 14, 1997>

Article 130 (Receipts and Other Documentary Evidences)

The accountant in charge (including an assistant to the accountant in charge and a person in charge of the accounting affairs prior to the appointment and report of the accountant in charge), upon receiving or disbursing the election expenses, shall evidence such with a receipt or other documents: Provided, That this shall not apply to the case prescribed by the National Election Commission Regulations.

Article 131 (Closing Accounts for Election Expenses)

The accountant in charge shall accurately calculate and disburse expenses to be paid out, and close the accounts related to the election expenses no later than 20 days after the election day.

Article 132 (Report on Revenues and Disbursement)

(1) The accountant in charge shall submit a report on the revenues and disbursements for the election expenses to the election commission concerned, together with the details of transactions in the deposit account as provided in Article 127 (2), revenue and

Article 130 ~ 132

disbursement statement of the election expenses in which the matters as provided in Article 129 (1) 2 are entered, copies of receipts and other documentary evidence as provided in Article 130, and the written oath of the accountant in charge assuring that the entries are true, no later than 30 days (40 days in the presidential election and an election of a proportional representative National Assembly member) after the election day. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000>

(2) The accountant in charge, upon submitting a report on the revenues and disbursements as provided in paragraph (1), shall obtain signatures and seal impressions of the representative of the political party, the candidate concerned, and the election campaign manager: Provided, That in the case of an election campaign liaison office, he shall obtain the signature and seal impression of the chief of the election campaign liaison office concerned.

(3) The election commission concerned shall publicly announce the report on the revenues and disbursements of the election expenses submitted by a candidate, within seven days after the close of report submission.

(4) The report and public announcement of the revenues and disbursements as provided in paragraph (1) and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 133 (Inspection and Delivery of Copy of Report)

(1) The election

Article 133

commissio, upo receivig a report o the reveues ad disbursements of election expenses as provided in Article 132, shall keep the copy of a revenue and disbursement report, the election expenses revenue and disbursement statement in which the matters as provided in Article 129 (1) 2 are entered, and the receipts and documentary evidences as provided in Article 130, in the office of the election commission concerned, and make them open to the political party (referring to a political party which has recommended a candidate for the constituency concerned), candidate, election campaign manager, chief of the election campaign liaison office, or the elector in the constituency concerned (hereinafter referred to as an “inspecting person” in this Article) for three months after the copy of the report on revenues and disbursements of the election expenses is notified publicly (hereinafter referred to as the “inspection period” in this Article): Provided, That if it is not during the inspection period, they shall not be open to any one. <Amended by Act No. 6265, Feb. 16, 2000>

(2) Any person who has an objection to the contents of the revenue and disbursement report may file an objection in writing with the competent election commission, together with any documentary evidence, at any time during the inspection period.

(3) The election commission, upon receiving an objection as provided in paragraph (2), shall notify the accountant in charge or other interested persons that they should submit explanatory materials as to the objection, and they shall comply therewith within

Article 133

seven days after the notification is received.

(4) The election commission, upon receiving explanatory materials as provided in paragraph (3), shall publicly notify the contents of the objection and the explanatory materials, and if the explanatory materials are not submitted, the contents of the objection and the fact that the explanatory materials are not submitted shall be publicly notified and the facts thereof shall be immediately notified to the person who has raised the objection.

(5) A person who inspects the report on and statement of the revenues and disbursements of the election expenses may apply in writing for a delivery of a copy thereof to the election commission concerned during the inspection period.

(6) The expenses needed for the delivery of a copy as provided in paragraph (5) shall be borne by the person who has applied for it.

(7) An inspection of a report on revenues and disbursements, delivery of a copy thereof, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 134 (Demand for Submission of Materials)

(1) Where it is deemed necessary to confirm matters regarding revenues and disbursements for election expenses, the election commission which has received the report on revenues and disbursements and

Article 134

its superior election commission may inspect the account book and cashbook, examine any political party, candidate, accountant in charge, person who has received or is entitled to receive an expense disbursed out of the election expenses, or other interested persons, and demand the person to report or submit materials. In this case, where it is inevitable for an examination into the revenues and disbursements for election expenses, the election commission concerned may demand the head of a financial institution to present materials on financial transactions made by the candidate, election campaign manager, accountant in charge for the election campaign office, or lineal ascendant, descendant, or spouse of the candidate, notwithstanding the provisions of the Acts and subordinate statutes, and the head of the financial institution concerned shall not refuse it.

(2) A person as provided in the main sentence of paragraph (1), upon receiving a demand as provided in paragraph (1) from an election commission concerned, shall immediately comply with it.

(3) Where it is deemed, through an objection as provided in Article 133 (2) and an inspection, report or presented materials as provided in paragraph (1) of this Article, that there is any false entry, unlawful disbursement, or excessive disbursement, or other facts contrary to this Act in the contents of the account book, cashbook, or report on revenues and disbursements, the election commission concerned shall file a complaint with or request the competent criminal investigation authority for an investigation, or take other necessary measures.

Article 134

Article 135 (Allowance and Compensation for Actual Expenses for Election Campaign Workers)

(1) The election campaign manager, chief of the election campaign liaison office, election campaign worker and accountant in charge (hereinafter referred to as the “election campaign manager, etc.” in this Article) may get paid an allowance and actual expenses: Provided, That if a salaried clerk of a political party, National Assembly member, his assistant, his chief secretary, or his secretary, or a local council member concurrently holds the post of election campaign manager, etc., only the actual expenses may be compensated. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The kinds and amounts of allowances and actual expenses as provided in paragraph (1) shall be prescribed by the National Election Commission Regulations.

(3) No one may offer, or manifest the intention to offer, money and goods or other benefits, or promise, instruct, solicit, mediate, demand or receive such offer, in connection with the election campaign, regardless of the title of such offer including allowance and actual expense, or other compensation for volunteers, etc. except in a case where he offers an allowance, actual expenses, and other benefits as prescribed by this Act. <Amended by Act No. 5149, Feb. 6, 1996; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

Article 135

(4) Where an accountant in charge pays, according to paragraph (1), allowances, actual expenses, etc. to persons who are involved with election campaign, such payment shall be made by way of deposit into current accounts at a particular financial institutions designated by election campaign manager. <Newly Inserted by Act No. 5412, Nov. 14, 1997>

(5) Deleted. <by Act No. 6265, Feb. 16, 2000>

Article 135-2 (Restriction on Filling Election Expenses)

(1) The constituency election commission shall not, in filling the election expenses pursuant to the provisions of this Act, fill the relevant expenses, in case where the accountant in charge of the election office failed to submit a report on revenues and disbursement of the election expenses under Article 132 (1) by the closing day of submission without justifiable reasons.

(2) The constituency election commission shall not, in case where the candidate, election manager or accountant in charge of the election office committed the crimes as provided for in this Act with respect to the relevant election, and the judgment of conviction was finalized, or where the expenses were disbursed in excess of the restricted amount of election expenses, fill the amount equivalent to two times the expenses required for the relevant offenses or those disbursed in excess of the restricted amount of election expenses.

(3) In case where those as provided in paragraph (2) are indicted due to committing

Article 135-2

a crime set forth in this Act or accused by the election commission, the filling of the amount equivalent to two times the expenses required for the relevant offenses shall be deferred until the sentence is finalized.

(4) The constituency election commission shall, in case where the cause for not filling the election expenses under paragraph (1) or (2) is found after the filling thereof is made to the political party or candidate, notify the relevant political party or candidate of the relevant fact, and order the return of the amount equivalent to the provisions of paragraph (1) or (2) from among the filled expense amount. In this case, the political party or candidate shall return it to the relevant constituency election commission within 30 days from the date receiving the return order.

(5) The constituency election commission shall, in case where the political party or candidate failed to return the relevant amount within the deadline under the latter part of paragraph (4), entrust the head of the competent tax office with its collection in case of the presidential election and the election of National Assembly members, and the head of competent tax office shall collect it pursuant to the example of the disposition on default of national tax and pay to the State, and entrust the head of a local government with its collection in case of the election of council members and the head of the local government, and the head of the local government shall collect it pursuant to the example of the disposition on default of local tax and pay to the local government.

(6) The counting

Article 135-2

of the expenses not to be filled and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]

Article 136 (Preservation of Account Books and Other Documents)

(1) An accountant in charge shall preserve an account book as provided in Article 129 and the receipts and other documentary evidences as provided in Article 130 for three years after an election.

(2) An accountant in charge may entrust the competent election commission with the preservation of the account book and other documentary evidence as provided in paragraph (1).

CHAPTER Ⅸ REGULATION OF POLITICAL PARTY ACTIVITIES RELATED TO ELECTION

Article 137 (Restriction on Newspaper Advertisement, etc. of Party Platform and Policy)

(1) Any advertisement for the promotion of platform and policy of a political party, the recruitment of political party members and applicants for candidacy, membership dues or political fund-raising (limited to the case of presidential election), or opinion gathering on slogans, design and policy to be used by a

Article 136 ~ 137

political party or party-recommended candidate during an election, sponsored by a political party through a periodical (excluding communication; hereinafter referred to as a “daily newspaper” in this Article) as prescribed by the Registration, etc. of Periodicals Act at the time when an election is close at hand, shall be made within the following limits, and no advertisement shall be made during the election period: <Amended by Act No. 5127, Dec. 30, 1995;Act No. 5412, Nov. 14, 1997>

1. In case of an election to be held at the expiration of the term, it shall be made by the central party of a political party up to 50 times in total by means of a daily newspaper, etc. from 120 days before the election day to a day before the beginning of the election period;

2. In case of an election, reelection [excluding a reelection as provided in Article 197; hereinafter the same shall apply in this paragraph], or postponed election to be held due to a presidential vacancy, it shall be made by the central party of a political party up to 20 times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes final to a day before the beginning of the election period; and

3. In case of a special election, reelection, or postponed election other than those as provided in subparagraph 2, it shall be made by the central party of a political party up to 10 times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes

Article 137

final to a day before the beginning of the election period.

(2) The standard for one advertisement in a daily newspaper as provided in paragraph (1) shall 37 cm in width and 17 cm in length at the most, and the photograph, name (including particulars by which it is possible to analogize the name) of a person wishing to be a candidate, and other contents leading to an election campaign, shall not be inserted therein.

(3) The provisions of the latter part of Article 69 (1) (referring to the frequency of advertisement), (2) (excluding chromaticity and standard), (4) through (6), (8) and (9), shall apply mutatis mutandis to the advertisement through a daily newspaper, etc. as provided in paragraph (1). In this case, the term “candidate” shall be deemed as a “political party”. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998>

Article 137-2 (Restriction on Broadcast Speech of Platform and Policy)

(1) In case where a political party conducts a broadcast speech for publicizing its platform and policy using a broadcast facility [referring to a broadcast facility under Article 70 (1); hereafter the same shall apply in this Article], it shall be done within the limit falling under any of the following subparagraphs:

1. In case of the election at the expiration of the term, it shall be

Article 137-2

done by the representative of the central party of a political party or a person designated by him, up to 6 times by each television or radio broadcast respectively from 60 days before the election day to a day before the beginning day of election period, within 10 minutes per one time; and

2. In case of an election due to the vacancy of the President, a reelection (excluding the reelection under Article 197), and a postponed election, it shall be done by the representative of the central party of a political party or a person designated by him, up to 5 times by each television or radio broadcast respectively from the time when the cause for holding the election becomes final to a day before the beginning day of election period, within 10 minutes per one time.

(2) In case where a broadcast speech is conducted using a television broadcast facility under paragraph (1), other contents than the figures of making a speech shall not be telecasted, and where intending to broadcast through video recording of broadcast speeches, the competent broadcast facility shall be used.

(3) In case of making a broadcast speech under paragraph (1), the speech with contents leading to an election campaign shall not be made.

(4) Expenses for a broadcast speech under paragraph (1) shall be borne by the political party concerned, but in case where a political

Article 137-2

party which has formed a negotiation body in the National Assembly makes a broadcast speech using a public broadcasting company under Article 82-2 (1), the expenses for broadcast speeches (excluding those for producing) up to twice by each television and radio broadcast respectively at each public broadcasting company shall be borne by the public broadcasting company concerned.

(5) In case where intending to make a broadcast speech whose expenses shall be borne by a public broadcasting company under paragraph (4), date and time, time bands and other necessary matters for the relevant broadcast speech shall be determined under the consultation between the relevant public broadcasting company and the relevant political party.

(6) The provisions of Article 70 (1) (latter part), (6), and (8) and Article 71 (10) and (12) shall be applicable mutatis mutandis to a broadcast speech under paragraph (1).

(7) The forms of a written report on broadcast speech under paragraph (6) and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]

Article 138 (Restriction on Distribution of Brochures on Platform and Policy)

(1) As for brochures on platform and policy of a political party which may

Article 138

be distributed during the election period to party members of the constituency or electoral area for which the candidate is recommended, there shall be one type of book-type platform or brochures on policy produced by the central branch of the political party. <Amended by Act No. 5412, Nov. 14, 1997>

(2) The quantity of brochures on the platform and policies as provided in paragraph (1) to be distributed shall not exceed the number of the party members in the constituency that has recommended the candidate. <Amended by Act No. 5412, Nov. 14, 1997>

(3) Where the brochures on the platform and policies as provided in paragraph (1) are prepared and distributed, the term “for party members only” shall be indicated on the cover.

(4) A political party, where wishing to distribute the brochures on platform and policies as provided in paragraph (1), shall submit two copies to the National Election Commission and the Gu/Si/Gun election commission having jurisdiction over the area in which the brochures are distributed, respectively.

(5) The matters related to a candidate such as the mark, name, photograph, education, career, etc. of the candidate shall not be printed on the brochures of platform and policy under paragraph (1). <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(6) The provisions

Article 138

of Article 66 (2) shall apply mutatis mutandis to the preparation of brochures on the platform and policies. In this case, the term “small printed matters” means the “brochures on the platform and policies”, and the term “up to eight pages in the election of the heads oflocal governments” means “up to eight pages in the election of the local constituency City/Do council members and heads of local governments”. <Amended by Act No. 4947, Apr. 1, 1995>

Article 139 (Restriction on Publication and Distribution of Party Organs)

(1) A central party of a political party shall not publish and distribute the party organ during the election period in anything but a normal way: Provided, That where the frequency of publication in the ordinary cycle is fewer than twice during the election period, it may be published and distributed up to twice (including the enlarged edition, extras, temporary edition, and even where part of the contents inserted in it is different from area to area where it is distributed, it shall be deemed identical). In this case, the party organ, where issued by a party branch other than the central party of a political party, distributed at the place of a campaign speech meeting, campaign speech or interview at an open space, or interview or debate, or sold, distributed, posted, pasted, scattered on the street, shall not be deemed to be distributed in a normal way.

(2) The party organ under paragraph (1) shall not carry other matters related to the publicity of a candidate than the mark, name, photograph,

Article 139

education, career, etc. ofthe candidate recommended by the political party concerned. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) A political party, upon publishing a party organ as provided in paragraph (1), shall immediately submit two copies to the National Election Commission, and a party branch, when wishing to distribute the party organ, shall submit two copies to the competent Gu/Si/Gun election commission before the distribution.

Article 140 (Restriction on Holding and Announcing Rally for Formation of Political Parties)

(1) A political party, where holding a rally for its formation, merger, or reorganization, or the election of candidates (hereinafter referred to as the “political party formation rally, etc.” in this Article) during the period from 120 days before the election (the time when the cause for holding the election becomes final, in the case of a special election) to the election day, shall hold it only with the party members at a place which is open to the general public, but any persons who are not members of the party may be invited to a socially acceptable extent.

(2) A party branch in charge of a political party formation rally or others as provided in paragraph (1) may post up to 100 posters to publicly announce such a rally and put up two or fewer signs at the place where the rally such as the one for the party formation is held, as prescribed by the National Election Commission

Article 140

Regulations, in addition to a public announcement inserted in a newspaper as provided in Article 10-2 (2) of the Political Parties Act. In this case, the public announcement of the newspaper, poster for public announcement, and sign shall not include a photograph and name (including particulars by which the name may be analogized) of the candidate (including the person who wishes to be a candidate; hereinafter, the same shall apply in this paragraph), or an advertisement of the candidate such as a propaganda slogan.

(3) The term "rally for reorganization" referred to in paragraph (1) means an assembly such as the general meeting of party members or the meeting of representative organs which is held for dealing with a matter concerning structural reorganization in regard to party constitution or party regulations such as a change of the party representative, and "rally for election of a candidate" means an assembly which is held under Article 31 of the Political Parties Act for the election, by party branches of various classes, of the candidate recommended by the relevant political party for the election under this Act. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(4) The posters and signs for public announcement as provided in paragraph (2) shall be removed by the sponsor of the rally immediately after the rally concerned is finished.

Article 141 (Restriction on Rally of Party Members)

(1) The political party shall not hold a rally for training of party members

Article 141

(hereafter referred to a the “party member’ rally” in this Article) within the election district in which an election is in progress, or subject to party members who are the electors, regardless of any pretext such as solidarity, training and others of party members from 30 days before the election day to the election day: Provided, That an interview temporarily held among party members for liaison, instruction, etc. as to the party affairs shall not be considered as a party members’ rally, but if any meal, tea, cake, or drink are served at the time of the interview, it shall be considered as a prohibited party members’ rally. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(2) A political party shall, in case where it holds a party members’ rally during the period from the beginning of the contribution-restricted period to 31 days before the election day, hold it at an open place which is not a place where large number of people pass by. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(3) When a party members’rally is held as provided in paragraph (2), the posters for public announcement may be prepared and pasted up, to 10 pieces for each party members’ rally as prescribed by the National Election Commission Regulations, and the signs indicating that it is a party members’ rally held in conformity with the provisions of this Act shall be posted or put up at the place of rally. In this case, such posters and signs shall not include a photograph and name (including particulars by which the name may be analogized) of the person who wishes

Article 141

to be a candidate, or an advertisement, such as a propaganda slogan, of the person who wishes to be a candidate.

(4) The posters and signs as provided in paragraph (3) shall be removed by the sponsor immediately after the completion of assembly. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

Article 142 (Restriction on Party Executive Staff Meeting)

(1) A political party may hold an extended meeting of the party executive staff (referred to a meeting at which the male and female leaders of residents or youths in Tong/Ri and natural villages attend; hereinafter, the same shall apply in this Article) only once for each Eup/Myeon/Dong during the period from the beginning of the election campaign period to the election day. <Amended by Act No. 5127, Dec. 30, 1995>

(2) A political party, if wishing to hold an extended meeting of the party executive staff as provided in paragraph (1), shall report it in writing to the competent Gu/Si/Gun election commission no later than a day before the election day.

(3) and (4) Deleted. <by Act No. 5412, Nov. 14, 1997>

(5) The form of the report on an extended meeting of party executive staff as provided in paragraph (2) and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 142

Article 143 (Restriction on Education of Party Members)

(1) A political party shall not conduct any education for party members who are also the electors, or in the constituency in which an election is in progress, regardless of the pretext such as education or training for the members, during the period from 30 days before the election day to the election day. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(2) Deleted. <by Act No. 5412, Nov. 14, 1997>

(3) A district branch of a political party, if wishing to conduct any education sessions for its members from the beginning of the contribution-restricted period to 31 days before the election day, shall conduct it at public facilities, such as the office of a district party (including a Gu/Si/Gun election campaign liaison office), school, public hall, other public institution or organization. <Newly Inserted by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

Article 144 (Restriction on Recruitment of Party Members)

(1) A political party shall not recruit members or distribute the forms of application for joining the political party during the election period: Provided, That if a rally for the formation or reorganization of a district party is held, this shall not

Article 143 ~ 144

apply until the day when the rally is held.

(2) The district party of a political party may appoint up to five salaried clerks during the election period, but where an election district for a National Assembly member consists of two or more Kus/Shis/Kuns, it may appoint up to three additional salaried clerks for each additional Gu/Si/Gun. In this case, the salaried clerks may be replaced up to half its full number. <Amended by Act No. 5537, Apr. 30, 1998>

Article 145 (Restriction on Propaganda Materials to be Posted at Headquarters of Political Party)

(1) A political party may, even during an election period, install and put up any slogan or other matters necessary for public information about the political party, and any signboard, tablet or placard including the names of the party headquarters concerned and its representative on the external walls or roofs of the party headquarters, pursuant to the National Election Commission Regulations. In this case, the number thereof shall be four at the most.

(2) A political party may put up one signboard at each election campaign committee office established at the central party, party branch, district party, or Gu/Si/Gun party liaison office, and at the office of the supporters’ association as prescribed by the Political Fund Act, pursuant to the National Election Commission Regulations.

CHAPTER Ⅹ VOTING

Article 145

Article 146 (Method of Election)

(1) An election shall be made by a vote marked on the ballot papers.

(2) A vote shall be made in person or by mail, and one person shall be entitled to one vote.

(3) In voting, the elector shall not indicate his name or anything by which he can be analogized.

Article 147 (Establishment of Polling Stations)

(1) The voting district election commission shall establish polling stations in each voting district no later than a day before the election day.

(2) polling station shall be established at a place where the electors can easily record their votes, among governmental or public offices such as a school, Eup/Myeon/Dong office, office of other public institutions or association (including a Ri office), and public hall in the voting district concerned: Provided, That where a polling station is established at another place in the election district concerned for an unavoidable reason or there is no adequate place to establish a polling station in the voting district concerned, it may be established at another place in the voting district concerned or in a neighboring voting district as ruled by the competent Gu/Si/Gun election commission.

(3) A polling station

Article 146 ~ 147

shall not be established in a military camp.

(4) A polling station shall be provided with balloting booths, voting boxes, seats for members of the election commission concerned and witnesses, and other facilities necessary for the management of voting.

(5) A balloting booth shall be installed in a manner so that other persons can not peep into it, and shall have no marks.

(6) A political party, candidate, election campaign manager, or chief of the election campaign liaison office may demand any correction to the installation of a polling station.

(7) A voting clerk shall be assigned to a polling station to assist voting affairs.

(8)A voting district election commission, upon installing polling stations as provided in paragraph (1), shall publicly announce the name and seat of the polling station no later than 10 days before the election day: Provided, That should any natural disaster, terrestrial uphe aval, or other inevitable reasons break out, the voting district election commission concerned may change it, and in this case, it shall immediately announce it to the electors.

(9) A voting clerk shall be commissioned by a voting district election commission from among public officials in general service (excluding those in security service), those in technical services,

Article 147

or teachers but their names shall be announced no later than three days before the election day. <Amended by Act No. 6265, Feb. 16, 2000>

(10) The installation of a polling station, public announcement of the names of voting clerks, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 148 (Establishment of Polling Stations for Absentees)

(1) The competent Gu/Si/Gun election commission shall establish and operate a polling station in which the electors listed on the pollbook for reported absentees (hereinafter referred to as an “absentee polling station”) in the seat of the office of such a commission for three days from seven days before the election day (six days, in the case of an election of a local council member) (hereinafter referred to as the “absentee voting period”), but if two or more Gu/Si/Gun election commissions are in the same building or facilities, they may jointly establish and operate an absentee polling station.

(2) If it is deemed necessary when the number and distribution of the likely absentees (including the distribution of areas falling into Article 38 (1) 5) in the election district concerned are considered, the Gu/Si/Gun election commission may establish and operate an absentee polling station at the voting district election commission, for a considerable period so that the likely absentee voters can finish their voting during the absentee voting period.

Article 148

(3) When an absentee polling station is established as provided in paragraphs (1) and (2), the name and seat of the station and the period of establishment and operation shall be publicly announced no later than 10 days before the election day and notified to the election campaign manager or chief of the election campaign liaison office, and the written public announcement shall be posted at five places for each voting district in the district concerned. This provision shall also apply where the place in which the absentee polling station is to be established is changed.

(4) A Gu/Si/Gun election commission or voting district election commission concerned shall appoint three or more members for each absentee polling station from among the members of the competent Gu/Si/Gun election commission or voting district election commission (hereinafter referred to as the “absentee voting management members”) to manage voting at the absentee polling station. In this case, all the party-recommended members shall be appointed unless they give up the appointments.

(5) An election commission which has established an absentee polling station shall appoint the absentee voting clerks from among public officials in general service (including those in technical services, but excluding those in security service) or teachers to assist in absentee voting affairs.

(6) The provisions of Article 147 (3) through (6) shall apply mutatis mutandis to an absentee polling station as provided in paragraphs

Article 148

(1) and (2).

(7) The establishment, public announcement and notification of an absentee polling station, the appointment of the absentee voting clerk, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 149 (Absentee Polling Station in Organization or Facilities)

(1) The head of an organization or facilities (excluding a ship) to which the reported absentees as provided in Article 38 (1) 3 belong, may establish an absentee polling station in the organization or facilities with the permission of the competent Gu/Si/Gun election commission.

(2) The head of an organization or facilities, where wishing to establish an absentee polling station as provided in paragraph (1), shall apply for the permission to the competent Gu/Si/Gun election commission, specifying the number of reported absentees, reason for establishment, seat, no later than 11 days before the election day, and the competent Gu/Si/Gun election commission, when deeming that the reason is justifiable, shall grant the permission after consulting with the head of the organization or facilities concerned about the date, time and place of the absentee voting and notify the facts thereof to the election campaign managers or chiefs of the election campaign liaison offices.

(3) Absentee voting management members designated pursuant to the provisions

Article 149

of Article 148 (4) hall make an official trip to the abentee polling station and manage the balloting at the absentee polling station as provided in paragraph (1).

(4) The head of an organization or facilities who has established an absentee polling station as provided in paragraph (1), upon receiving a demand of the election commission concerned, shall appoint the absentee voting clerks to assist in the absentee voting affairs from among the employees under his supervision.

(5) The provisions of Article 147 (4) through (6) shall apply mutatis mutandis to an absentee polling station as provided in paragraph (1).

(6) The application and permission for the establishment of absentee polling stations as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 150 (Order of Names of Candidates Printed on Ballot Papers)

(1) The marks of candidates, names of political parties to which the partyrecommended candidates belong, and names of candidates shall be indicated on the ballot papers: Provided, That the independent candidates shall be indicated as “independent” in the column in which the names of political parties to which the party-recommended candidates belong are to be entered, and in an election of an autonomous Gu/Si/Gun council member,

Article 150

the marks and names of candidates shall be indicated. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) The marks shall be indicated as figures such as “1, 2, and 3” in the order of candidates by which they are entered in the ballot papers, and names of political parties to which the candidates belong, and names of candidates shall be entered in Hangul: Provided, That if there are candidates whose names in Hangul are the same, the Chinese characters shall be entered together in parentheses.

(3) In determining the printing order of candidates, a candidate who is recommended by a political party holding seats in the National Assembly as of the closing day of candidate registration shall be first, followed by a candidate who is recommended by a political party holding no seats in the National Assembly and then independent candidates: Provided, That in an election of an autonomous Gu/Si/Gun council member, the printing order of candidates shall be determined by lot. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(4) Where the competent constituency election commission determines the printing order of candidates as provided in paragraph (3), the printing order among candidates who are recommended by political parties holding seats in the National Assembly as of the closing day of candidate registration shall follow the order of seat numbers which each political party holds in the National Assembly; the order among candidates who are recommended

Article 150

by political parties holding no seats in the National Assembly shall follow the Korean alphabetical order of the names of political parties to which they belong; and the order among independent candidates shall follow the Korean alphabetical order of their names. In such cases, where an election takes place after or at the same time of the termination of term of office, the National Election Commission offers nationally unified marks, by political party, based on the number of seats for a candidate who is recommended by a political party forming a negotiating group in the National Assembly. <Amended by Act No. 5412, Nov. 14, 1997>

(5) Where two or more political parties or candidates fall into the same printing order as in the case of paragraph (4), the competent constituency election commission shall determine it by lot in the presence of the representatives of the political parties concerned, or candidates or their deputies, after the candidate registration is closed: Provided, That if a representative of the political party concerned, or candidate or his deputy fails to participate in the lot on time, the chairman of the competent constituency election commission or the person designated by him may draw the lot on behalf of the candidate.

(6) Even when a candidate resigns or dies or his registration becomes nullified after the candidate registration period expires, his mark, the name of the political party to which he belongs, and his name shall not be crossed off the ballot papers.

Article 150

(7) Where an additional registration as provided in Article 51 is carried out in the presidential election, the printing order of a candidate of the political parties to which he belongs shall take that of the party-recommended candidate that has been already determined.

(8) A serial number shall be printed on each ballot paper.

Article 151 (Preparation of Ballot Papers and Boxes)

(1) Ballot papers and boxes shall be prepared by the Gu/Si/Gun election commission and then sent to the voting district election commission no later than a day before the election day, and the standard for the ballot paper and box shall be prescribed by the National Election Commission Regulations.

(2) In the voting for one election, two ballot boxes shall not be used at the same time at each voting district.

(3) The ballot box to be used at an absentee polling station(hereinafter referred to as the “absentee ballot box”) and the one in which ballot papers received by mail are kept (hereinafter referred to as the “mail ballot box”), shall be prepared separately, but the number of such ballot boxes shall be determined by the Gu/Si/Gun election commission concerned in consideration of the number of reported absentees.

(4) A ballot paper shall bear the official seal of the competent Gu/Si/Gunelection commission as prescribed by the National Election

Article 151

Commiss Regulats. In this case, the official seal may be substituted by a printed seal.

(5) The Gu/Si/Gun election commission shall have the representatives designated by two political parties first registered in voting papers in order (meaning one political party that comes next in order, if any political party gives up or refuses such designation, and meaning two persons designated by means of a lottery of candidates or their agents, in case of the election of autonomous Gu/Si/Gun/ council members) participate in and witness the process of printing and delivery of voting papers and that of sending them to a voting district election commission. In this case, if any agent does not exist or participate, the witness at such process is deemed to be given up. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(6) Deleted. <by Act No. 5537, Apr. 30, 1998>

(7) If necessary for the elector who is unable to record his vote in person due to an impediment in eyesight, the Gu/Si/Gun election commission may make and use special ballot paper or voting aid as prescribed by the National Election Commission Regulations.

Article 152 (Public Announcement of Ballot Paper Model)

(1) The Gu/Si/Gun election commission shall publicly announce the model of ballot paper at each voting district no later than seven days before the election day.

(2) The Gu/Si/Gun

Article 152

election commission, upon deciding on which printing office to print the ballot papers, shall immediately announce the name and seat of the printing office.

Article 153 (Mailing of Voting Guidance Leaflets)

(1) A Gu/Si/Gun election commission shall prepare a voting guidance leaflet for each household, including the names of electors, registration number in pollbook, location of polling booth, balloting hours, things to carry with them for voting, or other contents to invite them to participate in the voting and mail the leaflet to each household in the area under its jurisdiction.

(2) The voting guidance leaflet as provided in paragraph (1) shall be sent by mail no later than a day after the day when the pollbook becomes final: Provided, That where the small leaflet-type or book-type printed materials are to be sent to each household as provided in Article 66 (6), the voting guidance leaflet may be sent together with such small printed materials enclosed. The postal charge for sending the voting guidance leaflet shall be borne by the State or the local government concerned. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(3) The voting guidance leaflet may be prepared by means of a computer system.

(4) The form of and standard for the voting guidance leaflet, and matters to be entered therein, procedure for mailing, and other necessary matters shall be prescribed by the National Election Commission

Article 153

Regulations.

Article 154 (Mailing of Ballot Papers to Reported Absentees)

(1) The Gu/Si/Gun election commission shall put the ballot paper to be sent to an elector listed on the pollbook for reported absentees (hereinafter referred to as an “absentee ballot paper”) into the inner envelope after cutting off the serial number of the ballot paper under the witness of those persons nominated by the political parties, candidates, election campaign managers or chiefs of election campaign liaison offices, and put the inner envelope into the outer return envelope, and then put them again into the outer mailing envelope and send them after sealing to the elector listed on the pollbook for reported absentees no later than 10 days (eight days, in the case of an election of a local council member) before the election day, but may send them together with the election campaign bulletin as provided in Article 65 and the book-type small printed material as provided in Article 66 (6). In this case, if any of those who are nominated fails to attend by the prescribed time, he shall be deemed to have given up being a witness. <Amended by Act No. 5127, Dec. 30, 1995;Act No. 5412, Nov. 14, 1997>

(2) Notwithstanding the provision of paragraph (1), the Gu/Si/Gun election commission concerned may, by its resolution, not send the absentee ballot paper to the person who has made a false report and the reported absentee who is not deemed to have reported on his own will. In this case, the fact thereof shall be entered in the mailing record of absentee ballot papers.

Article 154

(3) A Gu/Si/Gun election commission shall prepare a list of the reported absentees to whom the absentee ballot papers are not sent as provided in paragraph (2) and those from whom the absentee ballot papers are returned no later than two days before the election day, and notify the voting district election commission thereof by a day before the election day.

(4) An absentee ballot paper shall be sent or returned by registered mail, but the postal charge thereof shall be borne by the State or the local government concerned.

(5) The Gu/Si/Gun election commission shall send the guidance leaflet on the voting method and other matters related to the election, together with the absentee ballot paper.

Article 155 (Balloting Hours)

(1) A polling station shall open at 6 A.M. and close at 6 P.M. on the election day: Provided, That if there are electors waiting to vote at the polling station at the time it is closed, the number tickets shall be given to them and the polling station shall be closed after they finish voting.

(2) An absentee polling station as provided in Article 148 shall open at 10 A.M. and close at 4 P.M. every day during the absentee voting period. In this case, the provisions of the proviso of paragraph (1) shall apply mutatis mutandis to an absentee polling station.

(3) The members of

Article 155

a voting district election commission, upon beginning the voting, shall inspect whether the ballot box, inside and outside of the balloting booths are normal, and the voting witness shall be present at this time: Provided, That if the voting witness fails to be present at the time when the voting begins, the commission concerned shall have the elector who comes first to cast his vote, witness such inspection.

(4) The absentee voting management members, upon beginning the voting at an absentee polling station, shall inspect whether the absentee ballot box, inside and outside of the balloting booths are normal, and the absentee voting witness shall be present: Provided, That if the absentee voting witness fails to be present at the time the absentee voting begins, a member shall have a reported absentee who comes first to cast a vote, witness such inspection.

(5) Absentee votes shall arrive at the competent Gu/Si/Gun election commission by 6 P.M. on the election day.

Article 156 (Restriction on Voting)

(1) A person who is not listed on the electoral registry shall not vote: Provided, That a person may vote, appearing with a notice to the effect that there are justifiable reasons as provided in Article 41 (2), 42 (2), or 43 (2).

(2) Even though a person is listed on the pollbook, he shall not vote if he has no voting franchise on the election day.

(3) An elector

Article 156

listed on the pollbook for reported absentees shall not vote but for absentee voting: Provided, That a person who has not received a ballot paper because he falls under Article 154 (2) or because his ballot paper has been returned shall vote at a polling station on the election day. In this case, the voting district election commission shall check and confirm the fact with the list of reported absentees as provided in Article 154 (3) and state the fact thereof in the remarks column of the pollbook.

Article 157 (Procedure for Receiving and Recording Ballot Papers)

(1) An elector shall go in person to a polling booth, and shall present his resident registration certificate (referring to a passport, driver’s license, or public official identification card or other identification cards as prescribed by the National Election Commission Regulations which are issued by government offices or public agencies and by which he is identified as the person in question with a photograph attached thereon, if he does not have a resident registration certificate; hereinafter referred to as the “identification card”) under the witness of a voting witness, and after being identified, affix his signature or seal thumb impression on the pollbook before the members of the voting district election commission, and then receive a piece of ballot paper. <Amended by Act No. 5537, Apr. 30, 1998>

(2) When the chairman of the voting district election commission, after keeping the ballot papers sent by the Gu/Si/Gun election commission in a sealed envelope, issues them to the electors on the election day, he shall affix his private seal in the column

Article 157

of private seal affixing, but if it is deemed necessary, he may issue them after affixing his private seal within the limit of 100 sheets in advance. In this case, the voting district election commission shall take one member recommended by the first and the second political parties, respectively, in order of seat number which the parties hold in the National Assembly as of the day when the candidate registration is closed to witness at the time of receipt, safekeeping and management in a polling station of ballot papers: Provided, That if there exists no party-recommended member or the member does not participate in the witness, the party shall be deemed to give up the witness. <Amended by Act No. 5537, Apr. 30, 1998>

(3) The chairman of the voting district election commission shall not issue a ballot paper to the elector who fails to present his identification card.

(4) The elector, after receiving the ballot paper, shall cut off the number paper and put it in the number paper box in the presence of the members of the voting district election commission and the voting witnesses, enter a polling booth, select one candidate from among those entered in the ballot paper, make a mark in the corresponding column of the ballot paper, fold the ballot paper on the spot so that other persons can not see the contents, and then put it in the ballot box before the members of the voting district election commission and the voting witnesses.

(5) If the ballot paper is damaged or spoiled after it is issued to an elector

Article 157

for any reason attributable to him, no new ballot paper shall be issued.

(6) An elector may enter a polling station along with a child of less than 6 years of age within the limit of not impeding the order of the polling station, and one who is unable to record his vote for himself due to any visual or physical handicap may be accompanied by his family or two persons nominated by him to assist in his voting. <Amended by Act No. 6265, Feb. 16, 2000>

(7) Except as provided in paragraph (6), two or more persons shall not enter the same balloting booth at the same time.

(8) The method of sealing, keeping, or issuing the ballot paper, and the procedure for balloting, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 158 (Absentee Voting)

(1) An elector who is listed on the pollbook for reported absentees shall go to the absentee polling station during the absentee voting period, present an outer envelope for mailing use and absentee ballot paper received from the Gu/Si/Gun election commission, and identification card (including a certificate issued by a governmental office or public organization as prescribed by the National Election Commission Regulations, with a photograph attached thereon for identification; hereinafter, the same shall apply in this Article) before the absentee voting management members and the absentee voting witnesses,

Article 158

enter a balloting booth after being identified, select one candidate and record his vote in the corresponding column of the absentee ballot paper, fold it on the spot so that other persons can not see the balloting, put it into the inner envelope, seal it, put this inner envelope into the outer envelope for sending back, seal it, and go to the absentee voting management members to have them seal the outer envelope for return use at three points, confirming that the voting is made at the absentee polling station, and then put it into the absentee ballot box before the absentee voting management members and the absentee voting witnesses. In this case, the absentee ballot paper on which the vote is recorded in advance before the voting is made at the absentee polling station and which is brought to the absentee voting place shall become nullified, and the reported absentee who fails to present an identification card to identify himself shall not be allowed to vote. <Amended by Act No. 4949, May 10, 1995>

(2) An absentee voting management member shall open the absentee ballot box under the witness of the absentee voting witnesses after the absentee voting is closed or twice (12 A.M. and 4 P.M.) each day during the absentee voting period, check if the seal for confirmation is omitted, and if any of them is found to have the seal omitted, affix the seal thereon, count the number of absentee voters, and then hand them over to the head of the competent post office to send them by registered mail.

(3) The provisions of Article 157 (6) and (7) shall apply mutatis mutandis

Article 158

to the voting at the absentee polling station.

(4) The residence voter (excluding the person who makes his vote at an absentee polling station as provided in Articles 148 and 149) shall select one candidate and record his vote in the corresponding column of the absentee ballot paper sent by the competent Gu/Si/Gun election commission to his residence, put it into the inner envelope, seal it, put the inner envelope into the outer envelope for sending back, seal it, write his residence and name in the outer envelope, affix his private seal at three points of the sealed part of the outer envelope for sending back (excluding thumb impression or signature), and then send it by registered mail.

(5) A Gu/Si/Gun election commission may directly go around the islands as provided in Article 38 (1) 5 for the convenience of the residents of such islands in making their votes or have a designated voting district election commission do so.

(6) The standard for and method of affixing a confirmation seal, voting on circuit as provided in paragraph (5), and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 159 (Method of Marking on Ballot)

An elector, upon putting a mark on the ballot paper, shall use the balloting aid on which “” mark is carved: Provided, That where the residence voter casts a residence vote, he may put the “○” mark.

Article 159

Article 160 (Attendance of Majority of Election Commission Members)

A majority of all members of the voting district election commission shall be present at each polling station after voting begins, and shall be present at the latest, one hour before the voting begins. <Amended by Act No. 5127, Dec. 30, 1995>

Article 161 (Witness of Voting)

(1) A voting district election commission shall have voting witnesses witness the ballot paper issuing and the balloting.

(2) A voting witness shall be selected by the political party, candidate, election campaign manager or chief of the election campaign liaison office in proportion of two persons for each candidate (four persons for each candidate, in the case of the presidential election), and reported in writing to the voting district election commission no later than 2 days before the election day. <Amended by Act No. 6265, Feb. 16, 2000>

(3) Voting witnesses shall be composed of 12 persons (referring to the number added by two for each fascicle, in a voting district in which the pollbook is divided into fascicles; hereinafter, the same shall apply in this Article), but if the number of persons selected and reported as provided in paragraph (2) exceeds twelve, those who are designated by the voting district election

Article 160 ~ 161

commission by lot shall be the witnesses: Provided, That if there is no selection of witnesses or the number of selected and reported persons is fewer than six, those who are selected up to six persons by the voting district election commission shall be the witnesses upon consenting, from among electors residing in the Gu/Si/Gun having jurisdiction over the voting district concerned.

(4) Where a voting district election commission designates voting witnesses as provided in paragraph (3), one person for each candidate shall be first selected, if the number of candidates exceeds 12, and thereafter 12 of them shall be designated by lot; and if the number of candidates is fewer than 12 but the number of persons selected and reported by the candidates exceeds 12, those selected as per one for each candidate shall be first designated, and thereafter the remaining number shall be filled by lot.

(5) The political party, candidate, election campaign manager, or chief of the election campaign liaison office may, if necessary, replace a voting witness whom he has selected, at any time after reporting it to the voting district election commission, and may, on the election day, report the replacement at the polling station.

(6) A voting witness selected by the voting district election commission as provided in the proviso of paragraph (3) shall not refuse being a witness or resign his position without a justifiable reason.

(7) A person who

Article 161

is nt a natinal f the Republic f Krea, r a minr, r the person who falls under any of subparagraphs of Article 18 (1) or who falls under any of subparagraphs of Article 53 (1), or a candidate shall not be a voting witness.

(8) A voting district electioncommission shall have voting witnesses witness the voting in shifts of six persons (half of the voting witnesses, if the number is fewer than 12), but it shall not have all the voting witnesses selected by one candidate witness the voting at the same time: Provided, That in a voting district in which the pollbook is divided into fascicles, two voting witnesses shall be added for each fascicle, but they shall witness in turn, one at a time.

(9) A voting district election commission shall provide the voting witnesses with seats at a place where they can easily see the ballot paper issuing and the voting.

(10) No voting witnesses shall interfere with the voting, solicit the voting, or conduct any act having an effect on the election in any way.

(11) Where a voting witness finds an interference with the voting, unlawful voting, or other things in violation of the provisions of this Act, and demands the correction thereof, the voting district election commission shall correct them if the demand is deemed justifiable.

(12) If any accident occurs in a polling booth, a voting witness may take

Article 161

a photograph of the voting situation.

(13) Deleted. <by Act No. 6265, Feb. 16, 2000>

(14) The form of the voting witness report, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 162 (Witness of Absentee Voting)

(1) An election commission which establishes and operates an absentee polling station shall have the absentee voting witnesses witness the absentee voting.

(2) An absentee voting witness shall be selected by a political party, candidate, election campaign manager or chief of an election campaign liaison office in proportion of two persons by candidate for each absentee polling station, and shall be reported in writing to the Gu/Si/Gun election commission concerned or the voting district election commission no later than nine days before the election day (two days before the voting day at an absentee polling station, in case of an absentee voting witness of an absentee polling station as provided in Article 149), and if necessary, the witness may be replaced at any time after the report, and during the absentee voting period, he may be replaced and reported at the absentee polling station.

(3) Where there is no selection of absentee voting witnesses as provided in paragraph (2) or there is an absentee voting witness selected by only one candidate, the Gu/Si/Gun election commission

Article 162

concerned or the voting district election commi shall select the absentee voting witnesses of up to four with their consent, from among the electors.

(4) The provisions of Article 161 (6), (7), and (9) through (12) shall apply mutatis mutandis to an absentee voting witness. In this case, the term “voting district election commission” means the “electioncommission which establishes and operates an absentee polling station”. <Amended by Act No. 6265, Feb. 16, 2000>

(5) The form of the absentee voting witness report, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 163 (Restriction on Access to Polling Stations)

(1) No one shall enter a polling station, except for an elector, voting witness, member and employee of the voting district election commission and the superior election commission, and voting clerk.

(2) A member, employee, voting clerk of an electioncommission and voting witness shall, upon entering or leaving a polling station, wear or attach the mark as prescribed by the National Election Commission Regulations, and shall not wear or attach anything else in relation to the election other than the mark as provided in this provision.

(3) The mark as provided in paragraph (2) shall not be transferred or conceded to another person.

Article 163

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to an absentee polling station. In this case, the term “voting district election commission” means the “election commission which establishes and operates an absentee polling station”.

Article 164 (Maintenance of Order in Polling Stations)

(1) Where it is deemed impossible to hold a fair election due to serious disturbance of the order at the polling station, the chairman, member, or employee of the voting district election commission may request any assistance of a police officer in uniform or the chief of a police station to maintain the order at a polling station.

(2) Any police officer or chief of a police station, upon receiving a request for assistance as provided in paragraph (1), shall immediately comply therewith.

(3) Any police officer or chief of a police station who enters the polling station at the request as provided in paragraph (1) shall follow the instructions of the chairman of the voting district election commission, and when order is restored or the chairman requests, he shall immediately withdraw from the polling station.

(4) The provisions of paragraphs (1) through (3) shall apply mutatis mutandis to an absentee polling station. In this case, the term “chairman and member of the voting district election commission” means the “absentee voting management member”; the term “employee”

Article 164

means the “absentee voting clerk”; and the term “police officer or chief of the police station” means the “police officer, military policeman, or chief of the police station”.

Article 165 (Prohibition of Carrying Arms or Deadly Weapons)

(1) Except as provided in Article 164 (1), no one shall carry with him any arms, deadly weapons or explosives into the polling station.

(2) The provision of paragraph (1) shall apply mutatis mutandis to an absentee polling station.

Article 166 (Prohibition of Noisy Speeches and Behaviors Inside and Outside of Polling Station)

(1) If a person makes a noisy speech or behavior or makes a speech or conduct supporting or opposing a specific political party or candidate within 100 meters from the polling station, the chairman, member or employee of the voting district election commission shall restrain it, and if he refuses complying therewith, he shall be compelled to withdraw from the polling station or beyond the restricted distance. In this case, the chairman, member or employee of the voting district election commission, if necessary, may request the assistance of a police officer in uniform or the chief of a police station.

(2) The elector who is compelled to withdraw from a polling station as provided

Article 165 ~ 166

in paragraph (1) shall vote after all others: Prov, That the chairman of the voting district election commission, if deeming that there is no possibility that the elector disturbs the order of the polling station, may have him vote even before all others.

(3) No one shall carry with him any mark that may have an effect on the election, such as wearing an armband and breastband, except in a case where he wears or attaches a mark as provided in Article 163 (2).

(4) The provisions of Article 164 (2) and (3) shall apply mutatis mutandis to the prohibition of a noisy speech and behavior inside and outside a polling station.

(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to an absentee polling station. In this case, the term “chairman and member of the voting district election commission” means the “absentee voting management member”; the term “employee” means the “absentee voting clerk”; the term “police officer or the chief of the police station” means the “police officer, military policeman or the chief of the police station”; and the term “on the election day” means “at the absentee polling station”.

Article 167 (Ensuring Secrecy of Voting)

(1) The secrecy of voting shall be ensured.

(2) An elector shall not be liable to state the name of the candidate for whom he has voted or the name of the political party to any one

Article 167

or in any case, and no o may ask it or demand an elector to state it until the voting hours are closed on the election day: Provided, That where a TV or radio broadcasting station or daily newspaper as prescribed by the Registration, etc., of Periodicals Act asks questions, by means of not infringing the secrecy of voting, in order to forecast the result of the election, at a distance of 300 meters from the polling station, this shall not apply, and in this case, the details and result thereof may not be published until the last minute of the voting hours. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(3) An elector shall not make the ballot paper on which he has recorded his vote open to the public, and any disclosed ballot paper shall become nullified.

Article 168 (Closing and Sealing Ballot Boxes)

(1) The chairman of a voting district election commission shall shut the entry of the polling station at the predetermined time to close the polling station, and when the electors in the polling station finish voting, he shall close and seal the slots of the ballot box and the locks thereof, together with the members present under the witness of the voting witnesses: Provided, That if a member refuses closing and sealing, or a voting witness refuses witnessing without a justifiable reason, he shall be considered to have waived his competence to do so, and the fact thereof shall be stated in the voting record.

(2) The keys to the ballot box, and remaining ballot papers and number papers

Article 168

shall be sealed as provided in paragraph (1).

Article 169 (Preparation of Voting Records)

The voting district election commission shall prepare the voting record, and the chairman and all members present shall put their signatures and affix their seals thereon: Provided, That if any of the members refuses putting his signature and affixing his seal without a justifiable reason, he shall be considered to have waived his competence to do so and the fact thereof shall be stated in the voting record.

Article 170 (Sending Ballot Boxes)

(1) The chairman of a voting district election commission shall send the ballot box, keys thereof, voting record, and remaining ballot papers to the competent Gu/Si/Gun election commission without delay after voting is closed.

(2) The ballot box, when being sent under paragraph (1), shall be accompanied by one voting witness for each candidate and up to two police officers in uniform required for the escort. In this case, the accompanying voting witnesses shall not exceed 10, and if the number of the voting witnesses exceeds 10, the voting district election commission shall select 10 persons by lot.

Article 171 (Handing Over Documents Related to Voting)

The voting district election commission, upon closing the voting, shall hand over the pollbook and all other documents related to the

Article 169 ~ 171

election to the chairman of the competent Gu/Si/Gun election commission.

CHAPTER XI BALLOT COUNTING

Article 172 (Management of Ballot Counting)

(1) The ballot-counting affairs shall be carried out by a Gu/Si/Gun election commission.

(2) In case where two or more ballot-counting places are set up pursuant to Article 173 (2), the members of the relevant Gu/Si/Gun election commission shall be equally designated and posted at each ballot-counting place; and the matters to be resolved by the relevant Gu/Si/Gun election commission with respect to the ballot-counting under this Act shall be determined by a resolution of a majority of members posted at the relevant ballot-counting place (including the assistant members under Article 4 (13); hereafter the same shall apply in this Chapter); and the duties of the chairman of relevant Gu/Si/Gun election commission shall be performed by the relevant chairman or vice-chairman, or the member designated by the chairman, respectively. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) A majority of the registered members of the Gu/Si/Gun election commission concerned [referring to the members posted at the relevant ballot-counting place, in case where two or more ballot-counting places are set up under Article 173 (2)]shall be present at the ballot-counting place after the ballot counting

Article 172

begins. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(4) The provisions of Articles 4 (13) and 5 (4) of the Election Commission Act shall be applicable mutatis mutandis to the case of an election where two or more ballot-counting places are set up. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

Article 173 (Ballot-Counting Place)

(1) A Gu/Si/Gun election commission shall publicly announce the ballotcounting place to be established in the seat of the relevant Gu/Si/Gun office or its territorial jurisdiction (including other adjacent districts, if there is no appropriate place in the competent district) no later than five days before the election day: Provided, That if there is any natural disaster, terrestrial uphe aval, or other unavoidable reason, it may be changed, and in this case, it shall be immediately announced. <Amended by Act No. 5537, Apr. 30, 1998>

(2) A Gu/Si/Gun election commission may set up two or more ballot-counting places. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) Procedures for and methods of ballot-counting in case where two or more ballot-counting places are set up, and other necessary matters shall be prescribed by the National Election Commission Regulations.<Newly Inserted by Act No. 6265, Feb. 16, 2000>

Article 173

Article 174 (Ballot-Counting Assistants)

(1) A Gu/Si/Gun election commission shall appoint ballot counting assistants to assist in ballot-counting affairs, but shall publicly announce names no later than three days before the election day.

(2) A ballot-counting assistant shall be commissioned from among public officialsin general service (excluding those in security service), those in technical services, or teachers, and employees of a financial institution as provided in Article 2 of the Banking Act (excluding those institutions as provided in Article 5 of the Banking Act; hereinafter, the same shall apply in this Article). In this case, public officials of the related administrative agency shall not exceed half of the total number of ballot-counting assistants: Provided, That where the persons other than the public officials of the related administrative agency fall short of filling half of the total ballot-counting assistants, this shall not apply. <Amended by Act No. 5499. Jan. 13, 1998; Act No. 6265, Feb. 16, 2000>

(3) The chairman of the Gu/Si/Gun election commission shall appoint a ballot-counting assistant to take charge of the totalizing affairs from among public officials of the court, teachers, and employees of a financial institution as provided in paragraph (2).

(4) Notwithstanding the provision of paragraph (2), a Gu/Si/Gun election commission may commission the member or employee of other

Article 174

election commissions as ballot-counting assistants.

Article 175 (Commencement of Ballot Counting)

(1) The ballot counting shall commence, after all ballot boxes arrive from the voting district election commissions, in the order of arrival of ballot boxes unless there is a special reason: Provided, That if the arrival of some ballot boxes is delayed due to transportation or because of unavoidable circumstances, the ballot counting may commence when two thirds of the ballot boxes arrive.

(2) If there are two or more constituencies in the territorial jurisdiction, the Gu/Si/Gun election commission shall count the ballots according to the order of arrival of ballot boxes by the unit of constituency. <Amended by Act No. 6265, Feb. 16, 2000>

Article 176 (Ballot Counting of Absentee Votes)

(1) A Gu/Si/Gun election commission, upon receiving absentee votes sent by mail, shall confirm whether the seal for confirmation or the private seal of the residence voter is affixed on the outer envelope for return use in the presence of the party-recommended members of the Gu/Si/Gun election commission concerned, and immediately put them into the mail ballot boxes to keep them.

(2) Under the witness of the ballot-counting witnesses, the mail ballot boxes may be moved to the ballot-counting place at 6 P.M. or later

Article 175 ~ 176

on the election day, and their ballot counting may, in advance, commence separately from ballot papers in the general ballot boxes. <Amended by Act No. 5537, Apr. 30, 1998>

Article 177 (Opening of Ballot Boxes)

(1) The chairman of a Gu/Si/Gun election commission, upon opening the ballot boxes, shall declare his intention of opening, and open them after inspecting their closure and sealing together with all members present: Provided, That if any of the members refuses inspecting or a ballot-counting witness refuses witnessing without an justifiable reason, he shall be considered to have waived his competence to do so, and the fact thereof shall be stated in the ballot-counting record.

(2) The chairman of a Gu/Si/Gunelection commission shall count the number of votes after opening the ballot box, and check it with the number of issued ballot papers entered in the voting record. In this case, if any of the members delays the ballot-counting affairs without a justifiable reason, he shall be considered to have given up his competence and the fact thereof shall be entered in the ballot-counting record.

Article 178 (Proceeding of Ballot Counting)

(1) The ballot counting shall proceed by voting district, and the next ballot box shall be opened only after the calculation of votes in a voting district is completed, but the number of ballot boxes

Article 177 ~ 178

to be counted at the same time shall be up to four.

(2) The number of the votes obtained by each candidate shall be announced by the chairman of a Gu/Si/Gun election commission in the voting district unit on the basis of the ballot-counting briefing chart totalized and prepared by voting district, but all the members of the Gu/Si/Gun election commission who are present, shall inspect the number of votes obtained before it is announced publicly, and put their signatures and affix their seals on the ballot-counting briefing chart: Provided, That if any of the members delays the ballot-counting affairs without a justifiable reason, he shall be considered to have waived his competence, and the fact thereof shall be stated in the ballot-counting record.

(3) No one shall report the number of votes obtained by each candidate as provided in paragraph (2) before it is officially announced.

(4) The procedure for ballot counting, the form of the ballot-counting briefing chart, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 179 (Invalid Votes)

(1) A vote shall become nullified in the following cases:

1. Where the regular ballot paper is not used;

2. Where no mark is put in any column;

Article 179

3. Where the marks are put in two or more columns;

4. Where it is impossible to distinguish in which column the mark is put;

5. Where the mark “” is not put, but a character or a shape of something else is drawn;

6. Where something else is written along with the mark “”, or the mark “” is added outside the candidate column; and

7. Where the mark is put in with an aid other than such balloting aid as provided by the election commission.

(2) In the case of absentee voting, the vote shall become nullified in the following cases, in addition to such cases as provided in paragraph (1): <Amended by Act No. 6265, Feb. 16, 2000>

1. Where the regular outer envelope for return use is not used;

2. Where there is no inner envelope, or outer envelope is not sealed; in this case, if there is no ballot paper in the inner envelope even when the inner envelope exists, it shall be deemed as there being no inner envelope;

3. Where the seal for confirmation or private seal of the residence voter

Article 179

to be affixed in the sealing part of the ou envelope for return use is entirely omitted; and

4. Where a person who has reported to cast his vote at an absentee polling station, votes through the residence voting.

(3) The vote shall not become nullified in the following cases: <Amended by Act No. 6265, Feb. 16, 2000>

1. Where the mark “” is shown partially, or the inside of the mark “” is filled up, and it is obvious that the mark is made using such balloting aid as provided by the election commission;

2. Where two or more marks are put in together or marks are overlapped only in the column of the same candidate;

3. Where the mark is put in outside the marking column, but it is obvious for whom the mark is put in;

4. Where the mark is put on the line dividing two candidates’ columns, but it is obvious for whom the mark is put in;

5. Where the mark is transcribed, but it is obvious for whom the mark is put in;

6. Where it is stained or damaged by the seal-ink, but it is obvious that it is the regular ballot paper and for whom it is put;

Article 179

7. In the case of the residence voting, where the mark is made in a way [excluding the case in which it may be possible to see who has made the vote, because the person has affixed a seal (excluding thumb impression) or written the name] other than the method as prescribed by this Act, and it is obvious for whom the mark is put in; and

8. The absentee ballot, in case where the person who has been reported as an absentee dies after the polling but before the beginning of polling on the election day.

Article 180 (Decision on Objection against Effect of Votes)

(1) If there is any objection raised against the effect of a vote, a Gu/Si/ Gun electioncommission shall decide on it with a majority of all the registered members present and by a concurrent vote of a majority of members present. <Amended by Act No. 5127, Dec. 30, 1995>

(2) In deciding the effect of a vote, the intention of the elector concerned shall be respected.

Article 181 (Witness of Ballot Counting)

(1) A Gu/Si/Gun election commission shall have the ballotcounting witnesses witness the ballot counting in the ballot-counting place.

(2) The ballot-counting witness as provided in paragraph (1) shall be selected

Article 180 ~ 181

by a political party participating in the election held in the area under jurisdiction of the Gu/Si/Gun election commission, by candidate and independent candidate for an election of an autonomous Gu/Si/Gun council member in proportion of eight for the former, four for the latter, and reported in writing to the Gu/Si/Gun election commission concerned so as to witness the election, no later than a day before the election day, but he may be replaced at any time after the report, and on the ballot-counting day, he may be replaced and reported at the ballot-counting place. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) If there is no report on the ballot-counting witness as provided in paragraph (2) or there is only the ballot-counting witness selected by one political party or one candidate, those who are selected up to 12 by the Gu/Si/ Gun election commission from among the electors with their own consent, shall be the ballot-counting witnesses. <Amended by Act No. 4947, Apr. 1, 1995>

(4) A ballot-counting witness selected by a Gu/Si/Gun election commission as provided in paragraph (3) shall not refuse serving as the witness or resign his post without a justifiable reason.

(5) The ballot-counting witness may witness the procedure for handing over and taking over the ballot box sent from the voting district, inspect the closure and sealing of the ballot box, and witness the management thereof.

Article 181

(6) A Gu/Si/Gun election commission shall provide the ballot-counting witnesses with seats so as to witness the proceeding of the ballot counting at a near distance (not less than one meter but not more than two meters) enough to identify the contents of the ballot counting.

(7) Where a ballot-counting witness finds any illegal matter concerning the ballot counting and demands the correction thereof, a Gu/Si/Gun election commission shall correct it if the demand is deemed justifiable.

(8) A ballot-counting witness may, at any time, go round the ballot-counting place to watch or take a photograph of the ballot-counting situation, and install telephones, computers and other communication equipments at such places as designated by the chairman of a Gu/Si/Gun election commission in the ballot-counting place or the general spectators’ gallery, and use such equipments to inform a candidate or political party of the ballot-counting proceeding.

(9) A Gu/Si/Gun election commission shall have the ballot witnesses of the political parties witness the ballot counting in shifts of four persons, and the witnesses of candidates for the election of autonomous Gu/Si/Guncouncil members and independent candidates in shifts of two persons (if they are fewer than 12 persons, half of all witnesses), but shall not have all the ballot-counting witnesses selected by one political party or one candidate witness the ballot counting at the same time: Provided, That in the election of local council

Article 181

members, all the ballot-counting witnesses selected and reported by one candidate may be allowed to witness at the same time. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(10) Deleted. <by Act No. 6265, Feb. 16, 2000>

(11) The provisions of Article 161 (7) shall apply mutatis mutandis to the ballot-counting witnesses. In this case, the term “voting witness” means the “ballot-counting witness”.

(12) The form of the report on ballot-counting witnesses, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 182 (Observation of Ballot Counting)

(1) Any one may observe the proceeding of ballot counting at a demarcated place with a spectator ticket issued by Gu/Si/Gun election commission.

(2) The number of the spectator tickets as provided in paragraph (1) shall be decided in consideration of the ballot-counting place and the tickets shall be distributed equally to each candidate.

(3) A Gu/Si/Gun election commission shall provide installations necessary for maintaining the order of the general spectators’ gallery.

Article 183 (Restriction on Access to, and Maintenance of Order in

Article 182 ~ 183

, BallotCounting Place)

(1) No one other than a member, employee, ballot-counting assistant or witness of a Gu/Si/Gun election commission and its superior election commission may enter the ballot-counting place: Provided, That where a person with a spectator ticket, and newsgathering personnel and a reporter of the broadcast, newspaper or wire service enter the general spectators’ gallery, the same shall not apply.

(2) A member, employee, ballot-counting assistant and witness of anelection commission, when entering and leaving the ballot-counting place, shall wear or attach a mark as prescribed by the National Election Commission Regulations, and shall not transfer or concede the mark to another person.

(3) The chairman or members of a Gu/Si/Gun election commission, where deeming that the order of the ballot-counting place is seriously disturbed and thereby it is impossible to proceed with fair ballot counting, may request the assistance of a police officer in uniform or the chief of a police station to maintain the order of the ballot-counting place.

(4) A police officer or the chief of a police station, upon receiving the request for assistance as provided in paragraph (3), shall immediately comply therewith.

(5) The police officer or the chief of the police station who enters the ballot-counting place at the request as provided in paragraph (3) shall follow the instructions of the chairman of the Gu/Si/Gun

Article 183

electioncommission, and when the order is restored or the chairman requests, he shall immediately withdraw from the ballot-counting place.

(6) Except as provided in paragraph (3), no one shall carry with himself any arms, deadly weapons or explosives in a ballot-counting place.

Article 184 (Sorting Ballot Papers)

When the ballot counting is closed, the opened ballot papers shall be sorted out for valid and invalid ones for each voting district, and the valid ballot papers shall be resorted for each candidate, put into a separate envelope for each candidate, and then sealed by the chairman of the Gu/Si/Gun election commission and all members present: Provided, That if any of the members refuses sealing without a justifiable reason, he shall be considered to have waived his competence, and the fact thereof shall be stated in the ballot-counting record.

Article 185 (Preparation of Records of Ballot-Counting, Totalization, and Election)

(1) The Gu/Si/Gun election commission shall immediately announce the results of the ballot counting, prepare the ballot-counting record, and send it to the competent constituency election commission (the City/Do electioncommission, in the case of the presidential election) as prescribed by the National Election Commission Regulations.

Article 184 ~ 185

(2) The competent constituency election commission, upon receiving the ballot-counting record as provided in paragraph (1), shall immediately calculate and announce the number of votes obtained by each candidate, and prepare the election record. In this case, in the election for the National Assembly member related to the allocation of seats of the proportional representative National Assembly members and the election for the City/Do council member related to the allocation of seats of the proportional representative City/Do council members, the number of votes obtained by each political party shall be reported to the City/Do election commission. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) The City/Do election commission, upon receiving a report as provided in paragraph (1) or the latter part of paragraph (2), shall calculate and announce the number of votes obtained by each candidate in the case of the Presidential election and the number of votes obtained by each political party in the case of an election of a National Assembly member related to the allocation of seats of proportional representative National Assembly members, prepare the totalization record, and send it to the National Election Commission; and calculate and announce the number of votes obtained by each political party, and prepare the election record in an election of a City/Do council member related to the allocation of seats of proportional representative City/Do council members. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

Article 185

(4) The National Election Commission, upon receiving the totalization record as provided in paragraph (3), shall calculate and announce the number of votes obtained by each candidate in the case of the presidential election, and the number of votes obtained by each political party in the case of an election for the National Assembly member related to the allocation of seats of a proportional representative National Assembly members, and prepare the election record. <Amended by Act No. 6265, Feb. 16, 2000>

(5) The ballot-counting, totalization and election records shall be signed and sealed by the chairman and all members present: Provided, That if any of the members refuses signing and sealing without a justifiable reason, he shall be considered to have waived his competence and the fact thereof shall be stated in the ballot-counting, totalization and election records.

(6) The forms of the ballot-counting, totalization and election records, and other necessary matters shall be prescribed by the National ElectionCommission Regulations.

Article 186 (Keeping Ballot Papers, Ballot-Counting Records, and Election Records)

A Gu/Si/Gun election commission shall keep the ballot papers, ballot boxes, voting records, ballot-counting records, election records (excluding the presidential election and an election of a head of a City/Do), and all other documents related to the

Article 186

election during t term of t elected persons; a City/Do election commission shall keep the totalization records and the election records (limited to an election of the head of a City/Do and the proportional representative City/Do council member) and all other documents related to the election; and the National Election Commission shall keep the election records (limited to the presidential election or the election for the proportional representative National Assembly members) and all other documents related to the election: Provided, That where no dispute over the election as provided in Articles 219, 222 and 223 arises or pending, the recordkeeping period may be shortened as prescribed by the National Election Commission Regulations. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

CHAPTER XII ELECTED PERSONS

Article 187 (Decision on, Public Announcement and Notification of Elected Person for Presidency)

(1) In the presidential election, the National Election Commission shall decide the candidate who has obtained a majority of the valid votes as the elected person, and notify the Speaker of the National Assembly thereof: Provided, That where there is only one candidate, he shall be decided as the elected person only when he obtains votes from a third or more of the total electors.

(2) Where two or more persons have obtained the largest votes, the National Assembly,

Article 187

upon receiving the notification of the National Election Commission, shall decide the candidate who has obtained a majority of votes at an open meeting at the National Assembly with at least half the total members present as the elected person.

(3) When the elected person is decided as provided in paragraph (1), the chairman of the National Election Commission shall publicly announce it, and when he is decided as provided in paragraph (2), the Speaker of the National Assembly shall do so, and immediately deliver the certificate for winning the election to the elected person.

(4) Even if the ballot counting is not completed due to a natural disaster, terrestrial uphe aval, or other unavoidable reasons, the National ElectionCommission may decide the elected person where it is deemed that the votes of the area where the ballot counting is not completed shall have no influence on the election result.

Article 188 (Decision on, Announcement and Notification of Elected Local Constituency National Assembly Members)

(1) In an election of a local constituency National Assembly member, the constituency election commission shall decide the person who has obtained a majority of the valid votes in the local constituency for the National Assembly member as the elected person: Provided, That if two or more persons have obtained the largest votes, the senior shall be decided as the elected person.

Article 188

(2) Where there is only one candidate for the local constituency National Assembly member at the time when the candidate registration is closed or the number of candidates becomes one as the candidate for the local constituency National Assembly member resigns or dies or his registration becomes nullified from the close of candidate registration till right before the beginning of the voting on the election day, the voting for the candidate for the local constituency National Assembly member shall not be held and the candidate shall be decided as the elected person on the election day.

(3) Where the number of candidates for the local constituency National Assembly member becomes one because other candidates have resigned or died or their registration become nullified from the beginning of the voting to the close thereof on the election day, the remaining voting shall not proceed and the candidate shall be decided as the elected person.

(4) Where the candidate for the local constituency National Assembly member has resigned or died or his registration is nullified after the close of the voting on the election day till before the decision of the elected person, the person who has obtained a majority of the valid votes as a result of the ballot counting shall be decided as the elected person, but the person who has resigned or died or whose registration is nullified has obtained a majority of the valid votes, the local constituency for the National Assembly member shall be considered to have no elected person.

(5) Where the voting

Article 188

is not carried out as provided in paragraphs (2) and (3), the constituency election commission concerned shall immediately announce it, report it to the superior election commission, and notify the subordinate election commission thereof.

(6) When the elected person for a local constituency of the National Assembly member is decided as provided in paragraphs (1) through (4), the chairman of the constituency election commission concerned shall announce it, immediately deliver the certificate for winning the election to the elected person, and report to the superior election commission thereof.

(7) The provisions of Article 187 (4) shall apply mutatis mutandis to the decision on the elected person as the local constituency National Assembly member.

Article 189 (Allocation of Seats of Proportional Representative National Assembly Members and Decision on, Announcement and Notification of Elected Persons)

(1) In the election for a proportional representative National Assembly member, the National Election Commission shall allocate the seats of the proportional representative National Assembly members to each political party (excluding the political party which fails to submit the list of candidates for the proportional representative National Assembly members; hereafter referred to as the “seat-allocated party” in this Article) which has obtained five or more seats in the general election for

Article 189

the local constituency National Assembly membes o upwad of 5/100 of the total valid votes [including the valid votes of the local constituency for the National Assembly member where no person is elected as provided in the latter part of Article 188 (4)], in proportion of the votes obtained in the general election for the local constituency National Assembly members: Provided, That one seat of the proportional representative National Assembly member shall be allocated to each political party which has obtained more than 3/100 and fewer than 5/100 of the total valid votes in the general election for the local constituency National Assembly members. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The percentage of votes obtained as provided in paragraph (1) shall be calculated by dividing the number of votes obtained by each seatallocated party (including the number of votes obtained in the local constituencies for the National Assembly members where no person is elected as provided in the latter part of Article 188 (4); hereinafter, the same shall apply in this paragraph and paragraph (4)) by the sum of votes obtained by all seat-allocated parties in the general election for the local constituency National Assembly members and by rounding off the number to five decimal places.

(3) The seats of the proportional representative National Assembly members shall be allocated to each political party by the integral number of seats calculated by multiplying the percentage of votes obtained by each political party as provided in paragraph (2) by the number obtained by deducting the number of seats

Article 189

allocated as provided in the proviso of paragraph (1) from the full number of seats of the proportional representative National Assembly members, and thereafter the remaining seats, if any, shall be allocated one by one to each political party in the descending order of resulting fractions. <Amended by Act No. 6265, Feb. 16, 2000>

(4) In the case of paragraph (3), where there are equal fractions, the seat shall be allocated to the political party which has obtained more votes, and where the number of votes obtained is equal, then the seat shall be allocated by lot among the political parties concerned.

(5) If the number of the seats of the proportional representative National Assembly members allocated to a political party exceeds the number of candidates for the proportional representative National Assembly members recommended by the party, the seats in excess shall be left vacant. <Amended by Act No. 6265, Feb. 16, 2000>

(6) The National Election Commission shall decide the elected persons to the seats of the proportional representative National Assembly members allocated to the political party in accordance with the order on the submitted list of candidates for the proportional representative National Assembly members. <Amended by Act No. 6265, Feb. 16, 2000>

(7) Where the election in all the local constituencies for the National Assembly members is not completed due to a cause as provided in subparagraph 1 and the beginning part of subparagraph 2 of

Article 189

Article 195[excluding the case as provided in the latter part of Article 188 (4)], Article 196 or 198, the National ElectionCommission shall deduct from the full number of seats of the proportional representative National Assembly members the integral number obtained by multiplying by the full number of the seats of the proportional representative National Assembly members the quotient obtained by dividing the number of electors in the local constituency for the National Assembly members where the election is not closed by the number of electors in the whole country [excluding the number of electors in the local constituency for the National Assembly members where no voting is held as provided in Article 188 (2) and (3)], and then allocate the seats of the proportional representative National Assembly members as provided in paragraphs (1) through (6), and decide the elected persons: Provided, That where it is anticipated that some of the political parties excluded from the allocation of seats of the proportional representative National Assembly members as provided in paragraph (1) shall be added to the list of the seat-allocated political parties as a result of the election in the local constituencies where the election is not completed, the integral number corresponding to 5/100 of the full number of the proportional representative National Assembly members shall be separately deducted for each political party expected to be added. <Amended by Act No. 6265, Feb. 16, 2000>

(8) Where the elected persons for theproportional representative National Assembly members are decided, the chairman of the National ElectionCommission shall announce the list, immediately notify each

Article 189

political party thereof, and deliver the certificate for winning the election to each elected person. <Amended by Act No. 6265, Feb. 16, 2000>

(9) The provision of Article 187 (4) shall apply mutatis mutandis to the decision on the elected persons to the proportional representative National Assembly members. <Amended by Act No. 6265, Feb. 16, 2000>

Article 190 (Decision on, Announcement and Notification of Elected Local Council Members)

(1) In an election of a local constituency City/Do council member and an autonomous Gu/Si/Gun council member, the constituency electioncommission shall decide the person who has obtained a majority of the valid votes in the election district concerned (in an election of an autonomous Gu/Si/Gun council member, it refers to those who fill up the full number of the council members in the descending order from the person who has obtained the most valid votes; hereinafter, the same shall apply in this Article): Provided, That if two or more persons have obtained the most votes, the elected person shall be decided in the order of seniority. <Amended by Act No. 4947, Apr. 1, 1995; No. 6265, Feb. 16, 2000>

(2) Where the candidates do not exceed the full number of the council members to be elected in the constituency concerned at the time when the candidate registration is closed, or where the number of candidates becomes smaller than the full number of the

Article 190

council members to be elected in the constituency concerned from the close of candidate registration to the beginning of the voting on the election day as the candidates have resigned or died or their registrations are nullified, the voting shall not be held and the candidates shall be decided as the elected persons on the election day.

(3) The provisions of Articles 187 (4) and 188 (3) through (6) shall apply mutatis mutandis to the decision on, announcement and notification of the elected local constituency City/Do council member or autonomous Gu/Si/Gun council member. In this case, the term “candidate for the local constituency National Assembly member” means the “candidate for the local council member”; the term “where the number of candidates becomes one” means “where the number of candidates becomes smaller than the full number of the council members”; and the term “local constituency for the National Assembly member” means the “election district”. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(4) In an election of proportional representative City/Do council members, the City/Do election commission shall first allot the seats of the integral number of the number calculated by multiplying the ratio of votes obtained in the election for the local constituency City/Do council members held at the expiration of term by the full number of the proportional representative City/Do council members, to each party (excluding the party which fails to submit a list of candidates for proportional representative City/Do council members; hereinafter in this Article referred to as the “seat-allotted party”)

Article 190

which has obtained at least 5/100 of the total valid votes (including the valid votes in the election district of the City/Do council members in which no one is elected as provided in paragraph (3) to which the provision of the latter part of Article 188 (4) shall apply mutatis mutandis) in the election for the local constituency City/Do council members held at the expiration of term, and then the remaining seats shall be allotted one by one to each seat-allotted party in the descending order of fractions. <Newly Inserted by Act No. 4947, Apr. 1, 1995>

(5) In the case of paragraph (4), where there is a party that has been allotted at least two thirds of the full number of seats, the seats of the integral number of the number corresponding to two thirds shall be first alloted to the party, and the remaining seats shall be alloted to the other seat-alloted parties in the integral number of the number calculated by multiplying the number of remaining seats by the ratio of votes obtained by the other seat-allotted parties, and thereafter the remaining seats, if any, shall be alloted one by one to the other seat-allotted parties in the descending order of fractions: Provided, That if there is no seat-allotted party other than the party that has been alloted the seats corresponding to the integral number of the number equal to two thirds of the full number of seats, the integral number of seats calculated by multiplying the ratio of votes obtained between those parties other than the seat-allotted ones by the remaining seats shall be allotted first to the parties,and the remaining seats, if any, shall be allotted one by one to the parties in the descending order of fractions. <Amended

Article 190

by Act No. 6265, Feb. 16, 2000>

(6) The provisions of Article 189 (2), (4) through (9) shall apply mutatis mutandis to the decision on, announcement and notification of the elected proportional representative City/Do council members. <Newly Inserted by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

Article 191 (Decision on, Announcement and Notification of Elected Heads of Local Governments)

(1) In an election of the head of a local government, the constituency election commission shall decide the person who has obtained a majority of the valid votes as the elected person, and notify the chairman of the local council concerned thereof: Provided, That where two or more persons have obtained the largest votes, the senior shall be decided as the elected person.

(2) Where there is only one candidate at the time when the candidate registration is closed or the number of candidates becomes one as the candidates have resigned or died or their registrations become nullified from the close of candidate registration to the close of the voting on the election day, the voting shall be held, and the candidate shall be decided as the elected person only when he obtains votes from at least a third of the total voters. <Amended by Act No. 4947, Apr. 1, 1995>

(3) The provisions of Articles 187 (4) and 188 (3) and (6) shall apply mutatis

Article 191

mutandis to the decision on the elected head of a local government. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

Article 192 (Invalidation of Election Due to Forfeiture of Eligibility)

(1) The person who is ineligible for election on the election day shall not be elected.

(2) Where an elected person becomes ineligible for election before his term begins, the election shall be invalidated.

(3) Where the elected person falls under any of the following subparagraphs before his term begins, his election shall be invalidated: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

1. Where the elected person is found to have won the election in contravention of the provision of paragraph (1);

2. Where the elected person is found to fall under any of the subparagraphs of Article 52 (1) or the causes for nullification of the registration as provided in paragraph (2) of the same Article; and

3. Where the elected person as the proportional representative National Assembly member or the proportional representative City/Do council member has seceded from his party or changed his party membership for reasons other than a merger,

Article 192

dissolution or expulsion or he holds two or more party memberships (including the person who has held two or more party memberships at the time when the elected person is decided).

(4) A proportional representative National Assembly member or a proportional representative City/Do council member, where seceding from his party or changing his party membership for reasons other than a merger, dissolution, expulsion, or holding two or more party memberships, shall be relieved of his office, notwithstanding the provisions of Article 136 of the National Assembly Act or Article 70 of the Local Autonomy Act. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(5) In the cases of paragraphs (2) and (3), the competent constituency election commission [the National Assembly, in the case where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2)] shall publicly announce the facts thereof and notify the elected person and the political party which has recommended him thereof, and shall notify the Speaker of the National Assembly thereof where the person whose election has been invalidated or nullified is the one elected to presidency or National Assembly membership, and the chairman of the local council concerned thereof where the person is elected the local council member and the head of the local government.

Article 193 (Correction of Errors in Decision on Elected Persons)

(1) The constituency election commission [the National Assembly, in the case

Article 193

whr th National Assmbly has dcidd on th prson lcted to presidency as provided in Article 187 (2)], upon finding out that there is an obvious error in the decision on the elected person, shall correct the decision on the elected person within 10 days from the election day.

(2) The constituency election commission (excluding the National Election Commission), upon making a correction as provided in paragraph (1), shall be examined by the National Election Commission in the case of an election of a local constituency National Assembly member or head of City/ Do, and by the City/Do election commission in the case of an election of a local constituency City/Do council member or head of an autonomous Gu/Si/ Gun, respectively. <Amended by Act No. 4947, Apr. 1, 1995>

Article 194 (Redecision on Elected Persons and Reallocation of Seats of Proportional Representative National Assembly Members)

(1) If the judgment or decision on the invalidation of election for the reason of illegality in deciding the elected person as provided in Article 187, 188,190 or 191 becomes final, the constituency election commission concerned (the National Assembly, in the case where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2)) shall immediately redecide on the elected person.

(2) If there is an invalidation of election for the reason of illegality in allocating seats of the proportional representative National Assembly members and deciding on the elected persons thereof

Article 194

as provided in Article 189, the National Election Commission shall immediately reallocate the seats and redecide on the elected persons. <Amended by Act No. 6265, Feb. 16, 2000>

(3) If the elected person in an election of a proportional representative National Assembly member or proportional representative City/Do council member has resigned or died, or his election becomes invalidated as provided in Article 192 (2), or his election becomes nullified as provided in Article 192 (3), before his term begins, the constituency election commission shall decide the candidate recommended by the political party to which the elected person belongs at the time of the election as the elected person, in the order of the candidates list for the proportional representative National Assembly members or proportional representative City/Do council members. <Amended by Act No. 4947, Apr. 1, 1995;Act No. 6265, Feb. 16, 2000>

(4) In an election of a proportional representative National Assembly member or proportional representative City/Do council member, where the election is held for such reasons as provided in subparagraph 1 and the former part of subparagraph 2 of Article 195 (excluding the case of the latter part of Article 188 (4)), or Article 196 or 198,the constituency election commission shall allocate the remaining seats deducted as provided in Article 189 (7) in the descending order obtained by deducting the number of seats allocated to each political party as provided in Article 189 (3) and (4) from the number obtained by multiplying the full number of the seats of the proportional

Article 194

representative National Assembly members or that of the proportional representative City/Do council members by the percentage of votes obtained as provided in Article 189 (2) resulted from the number calculated by summing up the number of votes obtained by each political party in the general election for the local constituency National Assembly members or in an election of the local constituency City/Do council members held at the expiration of term and the number of votes obtained in the reelection, and then decide the elected persons in the election for the proportional representative National Assembly members or proportional representative City/Do council members. In this case, the provisions of Article 189 (3) through (6) shall apply mutatis mutandis. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

CHAPTER XIII REELECTION AND SPECIAL ELECTION

Article 195 (Reelection)

A reelection (referring to an election of a local constituency National Assembly member, in the case of an election of a National Assembly member) shall be held in the following cases: <Amended by Act No. 6265, Feb. 16, 2000>

1. Where there is no candidate for the election district concerned (referring to the local constituency for the National Assembly member in the case of an election of a local constituency

Article 195

National Assembly member, and to the local constituency for City/Do council members in the election of City/Do council members);

2. Where there is no elected person, or in an election of autonomous Gu/Si/Gun council members, the number of the elected persons fails to reach the full number of the local council members to be elected in the election district concerned;

3. Where the whole invalidation of the election is ruled or decided;

4. Where the elected person has resigned or died before his term begins;

5. Where the election becomes invalidated as provided in Article 192(2) or the election becomes nullified as provided in paragraph (3) of the same Article, before the term of the elected person begins; and

6. Where the election becomes invalidated as provided in Articles 263through 265.

Article 196 (Postponement of Election)

(1) If it is impossible to hold an election or an election has not been held due to a natural disaster or terrestrial upheaval or for other unavoidable reasons, the President shall postpone the election in the case of the presidential election and an election of a National Assembly member, and the chairman of the

Article 196

comptnt constituncy lction commission shall do so in consultation with the competent head of the local government (including his proxy) in the case of an election of a local council member or head of the local government. <Amended by Act No. 6265, Feb. 16, 2000>

(2) In the case of paragraph (1), if the election is postponed, the procedure for election shall proceed all over again, and if only the election day is rescheduled, the election procedure shall resume where it had stopped.

(3) If the election is postponed as provided in paragraph (1), the President or the chairman of the competent constituency election commission shall announce the name of the election to be postponed and the reason for postponement, and the President shall immediately notify the chairman of the competent constituency election commission thereof, andthe chairman of the competent constituency election commission shall do so to the head of the local government concerned. <Amended by Act No. 6265, Feb. 16, 2000>

Article 197 (Reelection Due to Partial Invalidation of Election)

(1) If a judgment or decision on the partial invalidation of the election becomes final, the competent constituency election commission shall hold a reelection for the voting district concerned where the election has become invalid, and then decide a new elected person.

(2) Notwithstanding the provision of Article 44, the pollbook used for the initial election shall be used in holding the reelection as

Article 197

provided in paragraph (1), unless there is any specification in the judgment or decision.

(3) In holding the reelection as provided in paragraph (1), where political parties are merged, the merged party shall recommend one of its candidates before the merger as a new candidate to the constituency electioncommission from the beginning day of the reelection campaign period till the next day. <Amended by Act No. 4947, Apr. 1, 1995>

(4) If a recommendation is not made during the period as provided in paragraph (3), the candidate registration that the political party has made for the election district concerned before the merger shall be invalidated.

(5) The mark of the candidate for a merged party shall be the same as what he has used at the initial election.

(6) In calculating the votes obtained by the candidate recommended as provided in paragraph (3), the votes obtained by the candidate who fails to obtain the recommendation due to the merger shall not be counted.

(7) The election campaign and election expenses for the reelection as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations within the limit of this Act.

Article 198 (Revoting Due to Natural Disaster or Terrestrial Upheaval)

Article 198

(1) Where the voting in a voting district is not held due to a natural disaster or terrestrial upheaval or for other unavoidable reasons, or a ballot box is lost or destroyed, the competent constituency election commission shall hold a reelection for the voting district concerned, and then decide the elected person for the election district (the local constituency for the National Assembly member, in the case of an election of a National Assembly member, and the local election district for the City/Do council member, in the case of an election of a City/Do council member). <Amended by Act No. 4947, Apr. 1, 1995>

(2) If the revoting as provided in paragraph (1) is deemed to have no effect on the result of the election for the election district concerned (including an election of a proportional representative National Assembly member and proportional representative City/Do council member), the elected person shall be decided without holding the revoting: Provided, That in the case of an election of a National Assembly member and aCity/Do council member, if the fact thereof as provided in paragraph (1) is deemed to have no effect on the result of the election for the local constituency National Assembly member and for thelocal constituency City/Do council member but will have an effect on an election of a proportional representative National Assembly member and of a proportional representative City/Do council member, the elected person as the National Assembly member for the local constituency and the City/Do council member for the local constituency shall first be decided before the revoting, and then the revoting shall

Article 198

be held. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) In holding the revoting as provided in paragraph (1), if there is a candidate recommended by a merged political party, the number of votes obtained for reallocating the seats of the proportional representative National Assembly members as provided in Article 194and the proportional representative City/Do council member shall be added to the votes obtained by the political party to which the candidate has belonged before the merger. <Amended by Act No. 6265, Feb. 16, 2000>

(4) The provisions of Article 197 (3) through (6) shall apply mutatis mutandis to a revoting to be held due to a natural disaster or terrestrial upheaval.

(5) The election campaign and expenses for the revoting as provided in paragraph (1), and other necessary matters shall be prescribed by the National Election Commission Regulations within the limit of this Act.

Article 199 (Holding Postponed Elections)

The postponed election as provided in Article 196 (1) or the revoting as provided in Article 198 (1) and the proviso of (2) shall be held together with an election as provided in Article 35, if possible.

Article 200 (Special Election)

(1) If the office

Article 199 ~ 200

of a local constituency National Assembly member, local constituency City/Do council member, autonomous Gu/Si/Gun council member, or head of the local government becomes vacant, a special election shall be held. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) If the office of a proportional representative National Assembly memberor a proportional representative City/Do council member becomes vacant, the constituency election commission shall decide the person to succeed to the seat of the vacant member in the order of the list of candidates for the proportional representative National Assembly members and for the proportional representative City/Do council members of the political party to which the vacant member belonged at the time of his election, within 10 days after it receives the notification of such vacancy: Provided, That where his election becomes invalidated as provided in Article 264or the political party to which he belongs is dissolved, the same shall not apply. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(3) If the presidency becomes vacant, the person acting for the President shall immediately notify the National Election Commission thereof.

(4) If the office of a National Assembly member becomes vacant, the Speaker of the National Assembly shall notify the President and the National Election Commission thereof.

(5) If the office

Article 200

of a local council member becomes vacant, the chairman of the local council concerned shall notify the head of the local government concerned and the competent constituency election commission thereof, and if the office of the head of a local government becomes vacant, the person acting for the head of the local government shall notify the chairman of the local council concerned and the competent constituency election commission thereof.

Article 201 (Special Cases on Special Election)

(1) If the remaining term is less than one year from the time when the cause for holding a special election becomes final, or a fourth or more of the full number of the local council members are not vacant (excluding the case of a reelection held when the remaining term is at least one year, a postponed election, or the revoting), a special election (excluding the presidential election, election of a proportional representative National Assembly member and the proportional representative City/Do council member; hereinafter, the same shall apply in this paragraph) may not be held. In this case, where the special election is held because a fourth or more of the full number of the local council members become vacant, it shall be held for the vacant council members thereof. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(2) Where litigation on an election is pending as provided in Article 219 (2) or 223, a special election shall not be held.

(3) Where a special election, reelection, postponed election, or revoting for

Article 201

a local council member is held, if the area of the constituency extends over the area under jurisdiction of any other local government corresponding to the local government to which the council member belongs because of a change in the territorial jurisdiction of the latter, the area under jurisdiction of the local government concerned shall be the area of the competent constituency.

(4) Even if the cause for holding a special election occurs, when wishing not to hold the special election for the reason that falls under the former part of paragraph (1), the fact thereof shall be announced within 10 days after the cause for holding a special election becomes final, and the President shall notify the competent constituency election commission in the case of a special election for the National Assembly members, and the chairman of the competent constituency election commission shall notify the chairman of a local council and the head of a local government concerned in the case of a special election for the local council members or the head of the local government. In this case, the cause for holding the election shall be considered to have not been final, notwithstanding the provisions of Article 35 (5). <Amended by Act No. 6265, Feb. 16, 2000>

(5) In an election of a local council member, if the decision has been made not to hold a special election pursuant to the former part of paragraph (1) and paragraph (4) but it is decided thereafter to hold it pursuant to the latter part of paragraph (1), the chairman of the competent constituency election commission shall announce the election day at least 40 days before

Article 201

the election day, notwithstanding the provisions of Article 35 (2) 2 and (3), and in this case, the term “when the cause for holding the election becomes final” as provided in Article 35 (5) means “when the election day is announced”. <Amended by Act No. 6265, Feb. 16, 2000>

(6) In a special election [excluding the election for the vacancy in the case of a presidential election, the reelection, and the postponed election as provided in Article 195, a special election to be held concurrently with the election to be held at the expiration of term as provided in Article 203 (2)], the absentee voting shall be subject to the examples of residence voters as provided in Article 158 (4), notwithstanding the provisions of paragraphs (1) through (3) and (5) of the same Article. <Amended by Act No. 5127, Dec. 30, 1995>

CHAPTER XIV SPECIAL CASES ON SIMULTANEOUS ELECTIONS

Article 202 (Definition of Simultaneous Elections and Election Period)

(1) For the purpose of this Act, the term “simultaneous elections” means holding two or more different elections on the same election day in the area where the election districts overlap partially or wholly.

(2) In the simultaneous

Article 202

elections, if the election periods and the election affairs schedules of individual elections are different with one another, the simultaneous elections shall be held according to the example of the one whose election period is longer, notwithstanding different provisions of this Act.

Article 203 (Scope and Election Day of Simultaneous Elections)

(1) The elections of local council members and the head of a local government, whose terms expire on the same day, shall be held at the same time on the election day of the election to be held at the expiration of their terms.

(2) In case where a special election for the head of a local government as provided in Article 35 (2) 2 comes to fall under the following subparagraphs, it shall be held at the same time on the election day of the election to be held at the expiration of term: <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. A special election whose election period expires during the election period of the election to be held at the expiration of the term; and

2. A special election whose election period expires after the election day of the election to be held at the expiration of the term, but whose execution is finally decided 30 days before the election day of the election to be held at the expiration of the term.

(3) The special elections

Article 203

falling under the following subparagraphs from among those as provided in Article 35 (2) 1 shall be held at the same time on the election day of the election to be held at the expiration of the term: Provided, That if the election day of the relevant special election comes within the period from 40 days before the election for the National Assembly members, or the local council members and the head of local government at the expiration of their terms, to 50 days after the election day, the relevant special election (hereafter referred to as "postponed special election" in this Article) shall be held on the first Thursday 50 days after the election day of relevant election at the expiration of the term, and the special election, for which the cause for holding has become definite 30 days before the election day of the relevant postponed special election, shall also be held at the same time: <Amended by Act No. 6265, Feb. 16, 2000>

1. Special elections whose election day is within 40 days before the beginning day of election campaign period of the election at the expiration of term; and

2. Special elections for which the cause for holding becomes definite no later than 30 days before the election day of the election at the expiration of term. In this case, the special election, for which the cause for holding becomes definite after the 30th day before the election day of relevant election at the expiration of term, shall be held on the election day of subsequent special election, etc.

Article 203

(4) Deleted. <by Act No. 6265, Feb. 16, 2000>

Article 204 (Special Cases on Electoral Register)

(1) Notwithstanding the provision of Article 44, only one set of electoral register and pollbook for reported absentees shall be used for the simultaneous elections.

(2) Deleted. <by Act No. 5537, Apr. 30, 1998>

(3) The cover forms of the electoral registry and pollbook for reported absentees to be used for the simultaneous elections, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 205 (Special Cases on Establishment of Election Campaign Organizations and Appointment of Election Affairs Personnel)

(1) In the simultaneous elections, two or more candidates recommended by the same political party may jointly establish an election campaign office and election campaign liaison office.

(2) In the simultaneous elections, two or more candidates recommended by the same political party may jointly appoint an election campaign manager, chief of the election campaign liaison office, or election campaign worker.

(3) In case of paragraphs (1) and (2), each candidate shall be deemed to have

Article 204 ~ 205

carried out the establishment or appointment thereof, and the facts thereof shall be specified in a report on establishment and appointment and the expenses for joint establishment and appointment may be allocated among candidates according to an agreement among them, but the details of such allocation shall be specified in the report on establishment and appointment.

(4) A candidate shall not be an election campaign manager, chief of an election campaign liaison office, election campaign worker, or accountant in charge for a candidate in another election.

(5) The report form of establishment and appointment at the time of joint establishment of an election campaign office and election campaign liaison office and joint appointment of those engaged in the election affairs, and the identification card form, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 206 (Special Cases on Propaganda Posters)

When the simultaneous elections are held under Article 203 (1), the number of propaganda posters shall be two thirds of the base number as provided in Article 64 (1) if two elections are held at the same time, and half the base number if three or more elections are held at the same time.

Article 207 (Special Cases on Book-type Small Printed Matter)

(1) In the simultaneous elections, two or more candidates recommended by the

Article 206 ~ 207

sam political party may jointly prpar book-typ small printed matter within the limit of standard as provided in Article 66, and where they have jointly prepared book-type small printed matter, each candidate shall be deemed to have prepared one kind of small printed matter. <Amended by Act No. 5537, Apr. 30, 1998>

(2) If the small printed matter is jointly prepared in such a manner that the candidate for the larger election district inserts in a part of such small printed matter different contents concerning a candidate for the smaller election district depending on the election district, the small printed matter in which the contents concerning the candidate for the larger election district are identical shall be considered as one kind.

(3) If the small printed matter is jointly prepared under paragraph (1), the expenses may be allocated among the candidates in accordance with an agreement. In this case, the details of allocation shall be reported in writing to the competent Gu/Si/Gun election commission at the time when the small printed matter is submitted.

Article 208 (Special Cases on Joint Speech Meeting)

Where the simultaneous elections are held under Article 203 (1), a joint speech meeting shall be held once for each election district in the election of City/Do council members, notwithstanding the provision of Article 75 (1) 2. <Amended by Act No. 6265, Feb. 16, 2000>

Article 209 (Special Cases on Speech or Interview at Open Place)

Article 208 ~ 209

In the simultaneous elections, two or more candidates recommended by the same political party, or their spouses or election speechmakers may jointly carry out an election speech or interview at an open space as provided in Article 79. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5537, Apr. 30, 1998>

Article 210 (Special Cases on Regulation of Party Activities Related to Election)

In the simultaneous elections, the regulations on political party activities related to the election as provided in Chapter 9 shall be applied on the basis of one election regardless of the number of the elections to be held at the same time, but where the election to be held at the expiration of term and the special election as provided in Article 35 (2) and (3) or the postponed election as provided in Article 36 are held at the same time, the election to be held at the expiration of term shall be the base, and where the special election as provided in Article 35 (2) and (3) is held at the same time, the term “when the cause for holding the election becomes final” means “when the cause for holding the first special election of those special elections which are to be held at the same time becomes final”.

Article 211 (Special Cases on Ballot Papers and Voting Guidance Leaflets)

(1) In the simultaneous

Article 210 ~ 211

elections, the ballot papers may be prepared and delivered in a way that they are differentiated for each election by chromaticity, and quality of paper as prescribed by the National Election Commission Regulations.

(2) Notwithstanding the provisions of Article 150 (2), sign numbers to be printed on ballot papers in the election of autonomous Gu/Si/Gun local council members which takes place simultaneously with the election at the expiration of a term of office, shall be indicated according to the Korean alphabetical order of candidates. <Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(3) In the simultaneous elections, the print, delivery and sending etc. of the ballot papers as provided in Article 151 (5), shall be witnessed by two representatives nominated by each of two parties on the top of the list of entry in the ballot papers of the election for the local constituency National Assembly members, and of that for which the area of constituency is greater from among the elections for local council members and the head of local government when there is no election for the local constituency National Assembly members: Provided, That if the representative of the party concerned fails to participate, he shall be considered to have given up participating and witnessing. <Amended by Act No. 4949, May 10, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(4) Notwithstanding the provisions of Article 153, the voting guidance leaflets for the simultaneous elections may be prepared in one kind

Article 211

of voting guidance leaflet as prescribed by the National Election Commission Regulations.

(5) In the simultaneous elections, the number, installation and equipment of the polling station, a person to prepare and deliver the ballot papers, and the delivery method thereof, the voting procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 212 (Special Cases on Sending and Returning Absentee Ballot Papers)

In the simultaneous elections, the absentee ballot papers may be mailed and returned using one inner envelope and one outer envelope for mailing and return use, respectively, for each elector listed on the pollbook for reported absentees within the boundary as provided in Articles 154 (1) and 158 (1). <Amended by Act No. 5537, Apr. 30, 1998>

Article 213 (Special Cases on Selection and Appointment of Voting Witnesses)

(1) In the simultaneous elections, four voting witnesses shall be selected and reported by each political party which has recommended candidates, and two by each candidate for the election of autonomous Gu/Si/Gun council members and independent candidates, notwithstanding the number of persons to be selected and reported as provided in Article 161 (2). <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>▷

Article 212 ~ 213

(2) For the purpose of designation and witness of the voting witnesses in the simultaneous elections, the term “candidate” as provided in Article 161 (4) and (8) means the “political party or candidate”.

(3) In the simultaneous elections, two absentee voting witnesses shall be selected and reported by each political party participating in the election, and one by each candidate for the election of autonomous Gu/Si/ Gun council members and independent candidates, regardless of the number of persons to be selected and reported as provided in Article 162 (2). <Amended by Act No. 4947, Apr. 1, 1995;Act No. 6265, Feb. 16, 2000>

(4) In the simultaneous elections, the absentee voting witnesses shall not exceed 12 persons, but if the number of witnesses selected and reported as provided in paragraph (3) exceeds 12, the competent election commission shall first designate those selected and reported by a political party, and the remaining witnesses shall be designated by lot until the total reaches 12, from among those selected and reported by the candidates for the election of autonomous Gu/Si/Gun council members and the independent candidates. In this case, if the number of those selected and reported by a political party exceeds 12, the witnesses shall be designated up to 12, beginning with a person selected and reported by a political party on the top of list as provided in Article 150 (3) and (4). <Newly Inserted by Act No. 4949, May 10, 1995; Act No. 5412, Nov.

Article 213

14, 1997; Act No. 6265, Feb. 16, 2000>

Article 214 (Special Cases on Opening Ballot Boxes)

In the simultaneous elections, the ballot boxes shall be opened by each election or constituency having jurisdiction over a smaller area as provided in Article 175 (1) and (2), but only up to four boxes shall be opened and counted at the same time by election.

Article 215 (Special Cases on Ballot-Counting Witnesses)

(1) In the simultaneous elections, the political party that has recommended a candidate shall select and report eight ballot-counting witnesses, and each candidate for the election of an autonomous Gu/Si/Gun council member and independent candidate shall select and report two, notwithstanding the number of persons to be selected and reported as provided in Article 181 (2): Provided, That the Gu/Si/Gun election commission, upon counting the absentee ballots, shall permit four persons of those selected and reported by the political party and one person of those selected and reported by the candidate for the election of an autonomous Gu/Si/Gun council member and independent candidate to be witnesses. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000>

(2) In the simultaneous elections, notwithstanding the provision of Article 182 (2), the admission tickets shall first be allocated equally among the political parties, and then allocated equally among the candidates for the election of autonomous Gu/Si/Gun

Article 214 ~ 215

council members and independent candidates, but each candidate shall be allocated at least one ticket. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000>

Article 216 (Special Cases on Holding Four Elections Simultaneously)

(1) In four simultaneous elections, the candidate for the election of an autonomous Gu/Si/Gun council member may use one motor vehicle and one set of portable loudspeakers for an election campaign speech or interview as provided in Article 79. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000>

(2) In four simultaneous elections, where the ballot papers are delivered to the electors as provided in Article 157 (2), the chairman of the voting district election commission shall have the vice chairman of the voting district election commission (the member nominated by the chairman, if the vice chairman is unable to perform his duties) affix the chairman’s private seal on the ballot papers for two elections and then deliver them to the electors, and the chairman of the voting district election commission shall affix his private seal on the ballot papers for the two remaining elections and then deliver them to the electors, but the electors shall make a mark of selecting one candidate on each of the ballot papers for two elections which have been delivered first and then put them in the ballot boxes installed by election, and they shall be issued with the ballot papers for the two remaining elections,

Article 216

make a mark of selecting one candidate for each election, and put them in the ballot boxes installed by election, and then leave the polling station. In this case, any ballot paper that has been put in a ballot box for a different election by mistake shall be considered to have been put in the ballot box for the election concerned.

(3) and (4) Deleted. <by Act No. 6265, Feb. 16, 2000>

(5) The procedure for and method of the voting and ballot counting infour simultaneous elections other than those as provided in paragraphs (1) and (2), and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

Article 217 (Special Cases on Preparation of Voting Record and BallotCounting Record)

In the simultaneous elections, the voting record may be prepared for the voting district election commission as a unit, and the ballotcounting record for a Gu/Si/Gun election commission as a unit, without distinguishing elections.

Article 218 Deleted. <by Act No. 5262, Jan. 13, 1997>

CHAPTER XV LITIGATION ON ELECTION

Article 219 (Petition on Election)

(1) In an election of a local council member and head of a local government,

Article 217 ~ 219

any elector political party (limited to the political party which has recommended a candidate; hereinafter, the same shall apply in this Article), or candidate, when having an objection to the validity of the election, may file a petition against the chairman of the constituency electioncommission concerned with the City/Do election commission in the case of an election of a local council member and head of an autonomous Gu/Si/ Gun, and with the National Election Commission in the case of an election of the head of a City/ Do, within 14 days from the election day.

(2) A political party or candidate, when having an objection to the validity of the election of a local council member or head of a local government, may file a petition against the elected person if the petition is made for the reason that it falls under Article 52 (1) and (2) or 192 (1) through (3), and against the chairman of the constituency electioncommission if the petition is made for the reason that the decision made as provided in Article 190 or 191 is illegal, with the City/Do election commission in the case of an election of a local council member or head of an autonomous Gu/Si/ Gun, and with the National Election Commission in the case of the head of a City/Do.

(3) If the chairman of the constituency election commission against whom a petition may be filed as provided in paragraphs (1) and (2) is vacant, the petition shall be made against all members of the constituency election commission concerned.

(4) If the elected person against whom a petition may be filed as provided

Article 219

in paragraph (2) resigns or dies, or whose election becomes invalidated as provided in Article 192 (2), or whose election becomes nullified as provided in paragraph (3) of the same Article, the petition shall be filed against the chairman of the constituency election commission concerned, and against all members of the constituency election commission concerned if the chairman of the constituency election commission is vacant.

(5) The petition as provided in paragraphs (1) and (2) shall be filed in writing, and include the following matters together with a signature and seal. In this case, the petition shall be accompanied by its duplicates corresponding to the number of parties:

1. Name and address of the petitioner;

2. Name and address of the person against whom the petition is filed;

3. Purpose of and reason for the petition;

4. Contents of the disposition which is the object of the petition; and

5. Name and address of the deputy or commission-selected representative, if any.

(6) The National Election Commission or City/Do election commission, upon receiving a petition as provided in paragraph (5), shall immediately

Article 219

serve the person concerned with the duplicate of the petition.

(7) The person against whom a petition is filed, upon being served with the duplicate as provided in paragraph (6), shall present his defense at a time designated by the National Election Commission or City/Do election commission. In this case, the duplicates corresponding to the number of parties concerned shall be accompanied, and the National ElectionCommission or City/Do election commission, upon receiving the defense, shall serve the parties concerned with the duplicates thereof.

Article 220 (Decision on Petitions)

(1) The National Election Commission or City/Do election commission, upon receiving a petition as provided in Article 219 (1) or (2), shall make a decision thereon within 60 days after receiving it.

(2) The decision as provided in paragraph (1) shall be in writing, specifying the following matters therein, and the members participating in the decision making shall sign and affix their seals:

1. Number and title of the case;

2. Names and addresses of the parties concerned, participants and deputies;

3. Text;

Article 220

4. Purpose of the petition;

5. Reason; and

6. Date of decision.

(3) The National Election Commission or a City/Do election commission shall immediately serve the authentic copy of the decision as provided in paragraph (2) on the petitioner, petitionee and participant, and announce the decision summary thereof.

(4) The decision on a petition shall enter into force when it is served on the petitioner as provided in paragraph (3).

Article 221 (Application mutatis mutandis of the Administrative Adjudication Act)

(1) Except as prescribed by this Act in relation to the election petition, the provisions of Articles 7 (excluding the latter part of paragraph (2)), 11, 13 (2) through (5), 14, 15, 16, 20, 21 (1), 23, 25, 26, 27, 28, 29, 30, 32 (1) and (2), 39, 40, 41 and 44 of the Administrative Appeals Act shall apply mutatis mutandis to the election petition, and the pro visions of the Civil Procedure Act shall apply mutatis mutandis to the expenses for the election petition, but where the provisions of the Administrative Appeals Act applymutatis mutandis, the term “administrative appeals” means the “election petition”; the term “requester” means the “petitioner”; the term

Article 221

“requestee” means the “petitionee”; the term “request for administrative appeals or administrative appeals” means the “petition”; the term “written request for administrative appeals” means the “written petition”; the term “ruling” means the “decision”; the term “ruling period” means the “decision period”; the term “committee or ruling authority” means the “National Election Commission or City/Do election commission”; and the term “written ruling” means the “written decision”. <Amended by Act No. 5537, Apr. 30, 1998>

(2) Other matters necessary for the petition shall be prescribed by the National Election Commission Regulations.

Article 222 (Election Lawsuit)

(1) In the presidential election and the election of National Assembly members, an elector, political party (limited to a political party which has recommended a candidate), or candidate that has an objection to the validity of the election may file a lawsuit with the Supreme Court against the chairman of the constituency election commission concerned within 30 days from the election day.

(2) In an election of a local council member and head of a local government, a petitioner (including the elected person) who has an objection to the decision as provided in Article 220 on the validity of the election may file a lawsuit against the chairman of the constituency election commission concerned with 10 days from when the decision is received, and if the decision is not made during the period as provided in Article 220 (1),

Article 222

within 10 days after the period expires, with the Supreme Court in the case of an election of the head of a City/ Do, and with the appellate court having jurisdiction over the election district concerned in the case of an election of a local council member and head of autonomous Gu/Si/Gun.

(3) If the position of a chairman who may be a defendant as provided in paragraphs (1) and (2) becomes vacant, all members of the constituency election commission concerned shall be the defendants.

Article 223 (Lawsuit against Election)

(1) In the presidential election and election of a National Assembly member, a political party (limited to the party which has recommended a candidate) or candidate who has an objection to the validity of election, may file a lawsuit with the Supreme Court against the elected person as defendant for a reason that he falls under Article 52 (1) and (2) or 192 (1) through (3), and against the chairman of the National Election Commission or the Speaker of the National Assembly who has decided on the elected person, in the case of the presidential election, and the chairman of the constituency election commission concerned, in the case of an election of a National Assembly member, for a reason that the decision made as provided in Article 187 (1) and (2), 188 (1) through (4), 189 or 194 (4) is illegal, within 30 days after the elected person is decided. <Amended by Act No. 6265, Feb. 16, 2000>

(2) In an election

Article 223

of a local council member and head of a local government, a petitioner or elected person who is the petitionee [including the elected person, in the case where the chairman of the constituency election commission is the petitionee as provided in the latter part of Article 219(2)], upon having an objection to the decision as provided in Article 220on the validity of election, may institute a lawsuit against the elected person [referring to the chairman of the competent constituency election commission, if it is based on the latter part of Article 219 (2)] with the Supreme Court in the case of the election of the head of a City/ Do, and with the appellate court having jurisdiction over the election district concerned in the case of an election of a local council member or head of autonomous Gu/Si/ Gun, within 10 days after the written decision is received, and if the decision is not made during the period as provided in Article 220 (1), within 10 days after the period expires.

(3) If the position of a chairman who may be the defendant as provided in paragraphs (1) and (2) becomes vacant, the defendant shall be all members of the constituency election commission, and if the position of Speaker of the National Assembly becomes vacant, one of the Vice Speakers shall be the defendant.

(4) If an elected person who may be a defendant as provided in paragraphs (1) and (2) resigns or dies, or his election becomes invalidated as provided in Article 192 (2), or his election becomes nullified as provided in paragraph (3) of the same Article, the Minister of Justice shall be the defendant in the case of

Article 223

the presidential election, and the director o the competent high public prosecutor’s office in the case of an election of a National Assembly member, local council member, or head of a local government.

Article 224 (Ruling Invalidity of Election)

Even where there is a violation against the provisions concerning the election in an election litigation, the election management commission, the Supreme Court, or the appellate court, upon receiving a petition or complaint, shall decide or rule the whole or partial invalidation of the election, or the invalidation of the election win only when it is deemed to have had a substantial effect on the result of election.

Article 225 (Settlement of Lawsuit)

Any petition or lawsuit on an election shall be decided or judged promptly in preference to other litigations, and in a lawsuit, the court which has accepted it shall settle it within 180 days after it is filed.

Article 226 (Notification of Lawsuit)

(1) When a petition is raised, or is not pending, or decided, as provided in this Chapter, the National Election Commission or City/Do electioncommission shall notify the local government, the local council and the competent constituency election commission thereof.

(2) When a petition is raised, is not pending, or a judgment on it becomes

Article 224 ~ 226

final, as provided in this Chapter, the Chief Justice of the Supreme Court or the president of the high court shall notify the fact thereof to the National Assembly, National Election Commission, and competent constituency election commission, in the case of the presidential election and election of a National Assembly member, and to the local government concerned, local council, and competent constituency election commission, in the case of an election of a local council member and head of a local government.

Article 227 (Application of Administrative Litigation Act)

Except as prescribed by this Act, the provisions of Articles 8 (2) and 26of the Administrative Litigation Act shall apply mutatis mutandis to the lawsuit against an election: Provided, That the provisions of Articles 135,138, 139 (1), 206, 259 and 261 of the Civil Procedure Act, which are applicable to Article 8 (2) of the Administrative Litigation Act, shall be excluded.

Article 228 (Examining Evidences)

(1) Any political party (limited to the party which has recommended a candidate) or candidate may file a request for preservation of the ballot boxes, ballot papers, voting record with the district court or its branch court having jurisdiction over the area, for the purpose of preserving the evidence when an election litigation is raised after the ballot counting is closed.

(2) The judge, upon receiving a request as provided in paragraph (1), shall visit

Article 227 ~ 228

the spot to prepare a protocol and take a proper measure for preservation: Provided, That if it is required for the examination of the petition, the National Election Commission or City/Do election commission may verify things subject to the preservation of evidence in the presence of the judge concerned, at a request of the person requesting the preservation of evidence.

(3) If no petition as provided in Article 219 is raised, or no lawsuit as provided in Articles 222 and 223 is filed, the disposition as provided in paragraph (2) shall become invalidated.

(4) In a lawsuit on an election, the Supreme Court and the appellate court may commit the examination of evidence to another appellate court, district court, or its branch court.

Article 229 (Special Cases on Attaching Stamps)

In a lawsuit on an election, the stamp to be attached on the documents of the lawsuit shall be ten times the amount as prescribed by the Act on the Stamps Attached for Civil Litigation, etc., notwithstanding the provisions of the same Act.

CHAPTER XVI PENAL PROVISIONS

Article 230 (Corrupt Practices and Inducement by Interest)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for up to five years or a fine of up to 10 million won: <Amended by Act No. 5262, Jan. 13,

Article 229 ~ 230

1997;Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. A person who offers, manifests an intention to offer, or promises to offer money, goods, transportation, banquet, other property interest, or public or private office to any elector (including an elector who is eligible to enter the electoral registry before it is made; hereinafter, the same shall apply in this Chapter), or election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker [including a speechmaker who gives a speech or interview as provided in Article 79 (1), and the one who gives a speech or interview as provided in Articles 81(1) a82 82 (1); hereinafter, the same shall apply in this Chapter], or witness (referring to a voting witness, absentee voting witness and ballot-counting witness; hereinafter, the same shall apply in this Chapter) of another political party or candidate, with the intention of making another person cast his vote or not cast his vote, or making himself elected or making another person elected or not elected;

2. A person who offers, manifests an intention to offer, or promises to offer any economic interests such as money and goods to a school and other public institutions, social group, religious group, labor organization, youth organization, women’s organization, association for old people, veterans association, or clan association, or other institutions, organizations or facilities, with the intention of

Article 230

utilizing them for an election campaign;

3. A person who offers, manifests an intention to offer, or promises to offer money, goods, drink, food, or other economic interest to a picnic group, alumni meeting, social gathering, native folks society, fraternity group, or other meeting or event of electors, with the intention of utilizing them for an election campaign;

4. A person who offers, manifests an intention to offer, or promises to offer money, goods, or other benefits in connection with the election campaign regardless of the pretext such as allowance and actual expenses, other compensation for volunteers, in violation of Article 135 (3); and

5. A person who receives any interest or positionas provided in subparagraphs 1 through 4, or accepts the manifestation of an intention of offering it.

(2) If a political party, candidate (including a candidate who wishes to be a candidate), his family, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, or company having a relation with a candidate or his family as provided in Article 114 (2) commits any violation as provided in the subparagraphs of paragraph (1), he shall be punished by imprisonment for up to seven years or a fine of up to 15 million won.

(3) Any person

Article 230

who instructs, solicits, demands, or mediates any act as provided in any of subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for up to seven years or a fine of up to 15 million won.

(4) Any person who carries money in a manner that it may be ready to be distributed to many electors during the election campaign period, such as packed gift and enveloped money, with the intention of making himself elected, or making another person elected or not elected shall be punished by imprisonment for up to five years or a fine of 10 million won.

(5) If a member or employee of the election commission, a public official, or police officer (including a judicial police officer and military judicial police officer) related to the election affairs commits or has another person commit any act as provided in any of the subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for up to seven years.

Article 231 (Corrupt Practices and Inducement by Interest for Economic Benefits)

(1) Any person who commits any act as provided in any of the subparagraphs of Article 230 (1) toward an elector, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker or witness, on behalf of a political party or candidate (including a candidate who wishes to be a candidate), with the intention of gaining or making another person gain

Article 231

economic benefits shall be punished by imprisonment for up to seven years or a fine of not less than 3 million and not more than 20 million won.

(2) Any person who instructs, solicits, demands, or mediates any act as provided in paragraph (1) shall be punished by imprisonment for up to 10 years or a fine of not less than 5 million and not more than 30 million won.

Article 232 (Corrupt Practices and Inducement by Interest toward Candidates)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for up to seven years or a fine of not less than 5 million and not more than 30 million won:

1. A person who commits an act as provided in Article 230 (1) 1 against a person who wishes to be a candidate or a candidate, or a person who receives such benefit or position or accepts a manifestation of an intention of such offer, with the intention of making another person not to be a candidate or making another person who is a candidate resign; and

2. A person who commits any act as provided in Article 230 (1) 1 against a person who wishes to be or was a candidate with the intention of gaining compensation for giving up being a candidate or resigning, or who receives such benefit or position or accepts a manifestation of an intention of

Article 232

such offer.

(2) Any person who instructs, solicits, demands, or mediates any act as provided in subparagraphs of paragraph (1) shall be punished by imprisonment for up to 10 years or a fine of not less than 5 million and not more than 30 million won.

(3) If a member or employee of the election commission, or public official or police officer (including a judicial police officer and military judicial police officer) related to election affairs commits any act as provided in the subparagraphs of paragraph (1) or (2) shall be punished by imprisonment for up to 10 years.

Article 233 (Corrupt Practices and Inducement by Interest toward Elected Persons)

(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not less than one year and not more than 10 years: <Amended by Act No. 6265, Feb. 16, 2000>

1. A person who offers, manifests an intention to offer, or promises to offer money, goods, transportation, banquet, other property interest, or public or private office to an elected person with the intention of making him resign from his election; and

2. A person who receives any benefit or position as provided in subparagraph 1 or accepts a manifestation of an intention of offering

Article 233

such benefit.

(2) Any person who instructs, solicits, demands, or mediates any act as provided in any of subparagraphs of paragraph (1) shall be punished by imprisonment for not less than one year and not more than 10 years.

Article 234 (Inducement for Invalidating Election)

Any person who induces or provokes a person as provided in Article 263 or 265 to commit any act as provided in Articles 230 through 233, 257(1) or 258 (1), with the intention of invalidating the election of a candidate by making him fall into Article 263 or 265 shall be punished by imprisonment for not less than one year and not more than 10 years.

Article 235 (Corrupt Practices for Unlawful Use of Broadcasts or Newspapers)

(1) Any person who violates the provisions of Article 97 (1) and (3) shall be punished by imprisonment for up to five years or a fine of up to 10 million won.

(2) Any person who violates the provision of Article 97 (2) shall be punished by imprisonment for up to seven years or a fine of up to 20 million won.

Article 236 (Confiscation of Benefits from Corrupt Practices and Inducement by Interest)

Any benefits received

Article 234 ~ 236

by a person who has committed a crime as provided in Articles 230 through 235 shall be confiscated: Provided, That if it is impossible to confiscate the whole or part of such benefits, the value thereof shall be collected.

Article 237 (Interference with Freedom of Election)

(1) Any person who falls under any of the following subparagraphs with respect to an election shall be punished by imprisonment for up to 10 years or a fine of not less than 5 million won and not more than 30 million won:

1. A person who assaults, threatens, or lures, or unlawfully arrests or detains an elector, candidate, person who wishes to be a candidate, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, or elected person, or seizes things to be used for the election campaign as prescribed this Act;

2. A person who interferes with a rally, election campaign speech, or traffic, or with the freedom of the election by a deceptive scheme or in a deceitful or unlawful way; and

3. A person who compels another person who is under his protection, direction or supervision due to business, employment, or other relation, to support, recommend or oppose to a certain political party or candidate.

(2) A public prosecutor

Article 237

or police officer (including a judicial police officer), if committing or making another person commit any act as provided in the subparagraphs of paragraph (1), shall be punished by imprisonment of not less than one year and not more than 10 years and a suspension of qualification for up to five years.

(3) Any person who throws any dangerous thing at the place of an election campaign speech meeting, the place for a speech and interview, or the place for an interview and debate meeting as prescribed by this Act, or a person who assaults a candidate or speechmaker shall be punished as provided in the following subparagraphs:

1. The prime mover shall be punished by imprisonment of not less than five years;

2. A person who directs another person or leads other persons shall be punished by imprisonment of not less than three years; and

3. Any person who acts blindly following others shall be punished by imprisonment for up to seven years.

(4) Where the crime as provided in paragraphs (1) through (3) is committed, the things carried to be used for the crime shall be confiscated.

Article 238 (Interference with Freedom of Election by Military Personnel)

Article 238

If a military serviceman (including a civilian belonging to the military investigation agency) commits any act as provided in the subparagraphs of Article 237 (1), or interferes with or makes another person interfere with the exercise of a voting franchise of any military serviceman or civilian under his influence, by assault, threat, or another way, to make a certain candidate elected or not to be elected, he shall be punished by imprisonment of not less than one year and not more than 10 years and a suspension of qualification for up to five years.

Article 239 (Interference with Freedom of Election by Abuse of Authority)

A member or employee of the election commission, public official engaged in the election affairs, person or police officer (including a judicial police officer and military judicial police officer) related to the preparation of the electoral registry, if committing or making another person commit the following acts abusing his authority in connection with the election, shall be punished by imprisonment for up to seven years:

1. Where he interferes with, or abandons his duties on, the inspection or public inspection of the pollbook; and

2. Where he shadows a candidate without a justifiable reason, or enter the candidate’s house, election campaign office or election campaign liaison office without consent, or does not

Article 239

comply wih a demand o leave.

Article 240 (Interference with Posters and Other Propaganda Facilities)

(1) Any person who interferes with preparing, posting, pasting or installing a poster, placard, and other propaganda facilities as prescribed by this Act, or damages or removes it, without a justifiable reason, shall be punished by imprisonment for up to two years or a fine of up to 4 million won.

(2) A member or employee of an election commission, or a public official or police officer (including a judicial police officer and military judicial police officer) related to election affairs, if committing or making another person commit the acts as provided in paragraph (1), shall be punished by imprisonment for up to three years or a fine of up to 6 million won.

(3) A member or employee of an election commission, or a person who is engaged in the election affairs, if unlawfully preparing, pasting, sending or broadcasting the propaganda poster as provided in Article 64, election campaign bulletin as provided in Article 65, leaflet type or book-type small printed matter as provided in Article 66, broadcast or poster for public announcement as provided in Article 75 or voting guidance leaflet as provided in Article 153, or failing to carry out the duties thereof without a justifiable reason, shall be punished by imprisonment for up to three years or a fine of up to 6 million won. <Amended by Act No. 5412, Nov. 14, 1997>

Article 240

Article 241 (Infringement on Secrecy of Voting)

(1) Any person who infringes on the secrecy of the voting, or demands any elector to indicate the political party or candidate which the elector wishes to vote for or has voted for, before the voting is closed on the election day, or asks any question in order to anticipate the result of voting, within 300 meters from the polling station, or publishes the details and result thereof before the voting is closed, in contravention of the provisions of Article 167 (Ensuring Secrecy of Voting), shall be punished by imprisonment for up to three years or a fine of up to 6 million won. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 6265, Feb. 16, 2000>

(2) A member or employee of an election commission, public official related to election affairs, public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency) if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment for up to five years.

Article 242 (Interference with and Intervention in Voting or Ballot Counting)

(1) Any person who makes another person leave, or takes over, the identification card required for voting as prescribed by Act, or who intervenes in the voting or ballot counting at a polling station

Article 241 ~ 242

(including an absentee polling sta; hereinafter, the same shall apply in this Chapter) or ballotcounting place without a justifiable reason, or who performs any act that may influence the voting or ballot counting such as soliciting the elector to cast his vote for a specific political party or candidate, disclosing or making another person disclose the vote at the polling station, with the intention of interfering with the voting, shall be punished by imprisonment for up to three years. <Amended by Act No. 6265, Feb. 16, 2000>

(2)Any person who destroys or damages any communication facilities installed by a ballot-counting witness as provided in Article 181 at a ballotcounting place shall be punished by imprisonment for up to five years.

(3) A public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency), if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment of not less than one year and not more than 10 years.

Article 243 (Crimes concerning Ballot Boxes)

(1) Any person who opens a ballot box, or removes, destroys, damages, conceals, or seizes a ballot box (including an empty ballot box) or ballot papers contained therein, in contravention of the Acts and subordinate statutes, shall be punished by imprisonment of not less than one year and not more than 10 years.

Article 243

(2) The public prosecutor, police officer (including a judicial police officer), or military serviceman (including a civilian belonging to a military investigation agency), if committing or making another person commit an act as provided in paragraph (1), shall be punished by imprisonment of not less than two years and not more than 10 years.

Article 244 (Assault or Disturbance against Those Engaged in or Facilities Related to Election Affairs Management)

Any person who assaults, threatens, or lures, or unlawfully arrests or detains a member or employee of the election commission, person who is engaged in election affairs (including a voting clerk, absentee voting clerk, and ballot-counting clerk), or witness, or disturbs the polling station, ballotcounting place, or the election commission office, using violence or threats, or detains, damages, or seizes the facilities for voting or ballot counting, such as the ballot paper, ballot, balloting aid, computer system, pollbook, other documents, or seal related to the election, shall be punished by imprisonment of not less than one year and not more than 10 years or a fine of not less than 5 million won and not more than 30 million won.

Article 245 (Carrying Weapons at Polling Station)

(1) Any person who enters a polling station or ballot-counting place or an election commission office carrying arms, weapon, explosive, or something else capable of killing or wounding a human being

Article 244 ~ 245

shall be punished by imprisonment up to seven years.

(2) Any person who enters the place for an election campaign speech meeting, the place for a speech and interview, or the place for an interview and debate meeting as prescribed in this Act, carrying the things as provided in paragraph (1), without a justifiable reason, shall be punished by imprisonment for up to three years or a fine of up to 6 million won.

(3) Where a crime as provided in paragraph (1) or (2) is committed, any thing that may kill or wound a human being, such as a weapon, and which he carries with himself shall be confiscated.

Article 246 (Interference with Election by Many Persons)

(1) Many persons, if assembling to commit the act as provided in Articles 243 through 245, shall be punished as follows:

1. The prime mover shall be punished by imprisonment for not less than three years;

2. Any person who directs or leads other persons shall be punished by imprisonment for not less than 2 years and not more than 10 years; and

3. Any person who blindly follows other persons shall be punished by imprisonment for not more than five years.

(2) If a group of persons who assemble to commit an act as provided in Articles

Article 246

243 through 245 fail to break up even when the public official concerned has ordered them to break up three or more times, their leader shall be punished by imprisonment for not more than five years, and other persons by imprisonment for not more than one year or a fine not exceeding 2 million won.

Article 247 (Deceptive Entry and Sealing)

(1) Any person who is listed in the electoral registry (including the pollbook for reported absentees; hereinafter, the same shall apply in this Article) in a deceitful way, who submits a false absentee report, or who makes a false report on the resident registration with the intention of casting the vote at a specific election district, from 30 days before the record date for the preparation of the electoral registry to the day when the preparation of the pollbook is completed, or who affixes a false signature or thumb impression in the case as provided in Article 157 (1), shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won. <Amended by Act No. 5537, Apr. 30, 1998>

(2) A member or employee of an election commission, public official who is engaged in election affairs, or a person related to the preparation of a pollbook, if failing to list an elector in the pollbook on purpose, or entering or making another person enter a false fact, shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.

Article 248 (Deceptive Voting)

Article 247 ~ 248

(1) Any person who assumes a false name, uses an altered or forged identification card, casts or makes another person cast a vote or attempts to cast a vote in a deceptive way, shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.

(2) A member or employee of an election commission, or public official related to election affairs (including a voting clerk, absentee voting clerk, and ballot-counting clerk), if committing or making another person commit the act as provided in paragraph (1), shall be punished by imprisonment for not more than seven years.

Article 249 (Forgery, or Increasing or Decreasing Votes)

(1) Any person who forges, or increases or decreases the number of votes, shall be punished by imprisonment for not more than seven years.

(2) A member or employee of an election commission, public official (including a voting clerk, absentee voting clerk and ballot-counting clerk) related to election affairs, or person who is engaged in such affairs, if committing the act as provided in paragraph (1), shall be punished by imprisonment for not less than 3 years and not more than 10 years.

Article 250 (Publication of False Facts)

(1) Any person who publishes or makes another person publish the false facts (including the case where academic background other than formal

Article 249 ~ 250

schooling accredited by the Elementary and Secondary Education Act and the Higher Education Act is entered therein, and where the name of school and period of study at graduation or study completion are not included when the formal schooling is entered therein, and where the name of the curriculum, the period of study and the title of the acquired degree, are not entered therein when an academic background completed in any course of study in a foreign country equivalent to the formal schooling is included) on the birthplace, status, occupation, career, etc., property, personality, behavior of a candidate, his spouse, lineal ascendants or descendants, or siblings, or on organizations to which they belong by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document or others, so as to be favorable to the candidate (including a candidate who wishes to be a candidate; hereinafter, the same shall apply in this Article), with the intention of getting elected or getting another person elected, or persons who possess a propaganda document in which a false fact is entered with the intention of distributing it, shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won. <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(2) Any person who publishes or makes another person publish any false facts on a candidate, his spouse, lineal ascendants or descendants, or siblings, so as to be unfavorable to the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention

Article 250

of stopping the candidate from being elected, or persons who possess a propaganda document in which a false fact is entered with the intention of distributing it, shall be punished by imprisonment for not more than seven years or a fine of not less than 5 million won and not more than 30 million won. <Amended by Act No. 5262, Jan. 13, 1997>

Article 251 (Slanders against Candidates)

Any person who slanders a candidate (including a candidate who wishes to be a candidate), his spouse, lineal ascendants or descendants, siblingsby pointing out any fact openly through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, with the intention of getting elected, or getting another person to be or not to be elected, shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won: Provided, That where it is a true fact and concerns a public interest, he shall not be punished.

Article 252 (Unlawful Use of Broadcasts or Newspapers)

(1) Any person who violates the provisions of Article 94, 95 (1), 96, 98 or 99 shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won.

(2) Any person who violates the provisions of Article 71 (12) [including a case which applies mutatis mutandis in Articles 72 (4), 73 (4), 74(2), 81 (8), 82 (4), 82-2 (8), and 137-2 (6)], shall be punished by imprisonment for not more than two years or

Article 251 ~ 252

by a fine not exceeding 4 million won. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

Article 253 (False Indication of Names)

Any person who communicates by means of mail, telegram, telephone, or other ways of telecommunication, with a name, denomination, or status contrary to the truth, with the intention of getting elected or getting another person to be or not to be elected, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won.

Article 254 (Violation of Election Campaign Period)

(1) Any person who carries out an election campaign till the last minutes of the voting hour on election day shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won.

(2) Except as prescribed otherwise by this Act, a person who commits an act falling under any of the following subparagraphs prior to an election campaign period shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won:

1. A person who carries out or makes another person carry out an election campaign using a poster, placard, advertising balloon, signboard, advertising tower, announcement board, and regardless of the pretext, propaganda facilities or aids, various printed matter, or others;

Article 253 ~ 254

2. A person who carries out or makes another person carry out an election campaign by means of a broadcast, newspaper, wire service, magazine, or other publications;

3. A person who carries out or makes another person carry out an election campaign by holding a campaign meeting, symposium, debate, native folks meeting, alumni meeting, neighbors’ meeting, or other meetings;

4. A person who carries out or makes another person carry out an election campaign by establishing an organization or forming a private organization for the election campaign; and

5. A person who carries out or makes another person carry out an election campaign through a door-to-door visit.

(3) Any person who carries out or makes another person carry out an election campaign prior to the election campaign period, by means other than those as prescribed in paragraph (2), shall be punished by imprisonment for not more than one year or a fine not exceeding 2 million won.

Article 255 (Unlawful Election Campaign)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

Article 255

1. A person who carries out or makes another person carry out an election campaign in contravention of the provisions of Article 60 (1), or who becomes or makes another person become an election campaign manager in contravention of the provisions of paragraph (2) of the same Article or Article 205 (4);

2. A person who establishes an election campaign organization, or carries out an election campaign after establishing such organization, in contravention of the provisions of Article 61 (1);

3. A person who appoints an election campaign manager, chief of an election campaign liaison office, or election campaign worker, in contravention of the provisions of Article 62 (1) or (2);

4. A person who holds an election campaign speech meeting by a political party or candidate in contravention of the provisions of Article 75 (7);

5. A person who holds an election campaign speech meeting by a political party or candidate in contravention of the provisions of Article 77(1), (2), (4) (limited to opening hours), (6) or (8);

6. A person who holds an election campaign speech meeting or conducts an election campaign speech or debate in contravention of the provisions of Article 80;

Article 255

7. A person who holds an election campaign interview or debate meeting by inviting a candidate in contravention of the provisions of Article 81 (1);

8. A person who holds an election campaign interview and debate meeting in contravention of the provisions of Article 81 (7) [including case which applies mutatis mutandis under Articles 82 (4) and 82-2 (8)];

9. A person who commits or makes another person commit an act contrary to the provisions of Article 85 (2) or (3);

10. A person who commits or makes another person commit an act contrary to the provisions of Article 86 (1) 1 through 4, (2) and (3), or a person who commits an act contrary to the provisions of paragraph (4) of the same Article;

11. A person who commits or makes another person commit an act of supporting or opposing to, or soliciting a support for or opposition to, any specific political party or candidate, in contravention of the provisions of Article 87;

12. A person who carries out an election campaign for another political party or candidate, in contravention of the provisions of the text of Article 88;

13. A person who establishes or forms a similar organization, or uses existing

Article 255

institutions, associations, organizations, or facilities in contravention of the provisions of the text of Article 89 (1);

14. A person who establishes or forms private organizations or other associations in contravention of Article 89-2 (1), or a person who gives or provides, demands or receives money or goods, treating, or other benefits in contravention of paragraph (2) of the same Article, or a person who performs election campaign in the name of the association or organization, or its representative, or may have other persons do so;

15. A person who distributes, performs, plays, shows or posts, or makes another person do, any literary work, entertainment, drama, cinema or photograph, in contravention of the provisions of Article 92;

16. A person who commits or makes another person commit an act of marching along the streets in a group or shouting repeatedly, in contravention of the provisions of Article 105 (1), or a personwho performs election campaign, wearing a cap or clothes in the same shape or color or carrying other symbols, or who has other persons do so;

17. A person who makes a house-to-house canvass or makes another person do so, in contravention of the provisions of Article 106 (1) or (3);

18. A person who obtains or makes another person obtain any signature or

Article 255

seal impression, in contravention of the provisions of Article 107;and

19. A person who carries out or makes another person carry out an election campaign using letters, telegrams, facsimile, telephone, or other method of a telecommunication in contravention of the provisions of the main sentence of Article 109 (1) or paragraph (2) of the same Article, or who threatens or makes another person threaten in contravention of the provisions of paragraph (3) of the same Article.

(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: <Amended by Act No. 5127, Dec. 30, 1995;Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998>

1. A person who prepares and uses, or makes another person prepare and use any propaganda poster, election campaign bulletin or small printed matter for an election campaign, in contravention of the provisions of Article 64 (1) and (8), 65 (1), or 66 (1), (2) or (5);

2. Deleted; <by Act No. 6265, Feb. 16, 2000>

3. A person who prepares and uses, or makes another person prepare and use any poster for public announcement without obtaining a seal of approval, in contravention of the provisions of Article 77 (12);

Article 255

4. A person who carries out or makes another person carry out an election campaign using any loudspeaker system or motor vehicle, in contravention of the provisions of Article 91 (1) and (3), or 216 (1), or who uses or makes another person use any loudspeaker system in contravention of the provisions of the main sentence of Article 91 (2);

5. A person who distributes, pastes, scatters, posts, plays, any writing, book, picture or makes another person do so, in contravention of the provisions of Article 93 (1), who makes or has another person make an advertisement or appearance, in contravention of the provisions of paragraph (2) of the same Article, or who issues, distributes or demands any identification card, document or other printed materials, or makes another person do so, in contravention of the provisions of paragraph (3);

6. A person who carries out or makes another person carry out an election campaign using any recorder or video recorder, in contravention of the provisions of Article 100;

7. Deleted; <by Act No. 5127, Dec. 30, 1995>; and

8. A person who makes an advertisement or makes requests for putting an advertisement in noncompliance with a requirement to suspend an advertisement as referred to in Article 271-2 (1).

(3) Any person

Article 255

who carries out or makes another person carry out an election campaign in contravention of the provisions of Article 85 (1) shall be punished by imprisonment for not more than five years.

Article 256 (Violation of Various Restrictive Provisions)

(1) A person who holds or makes another person hold an assembly in contravention of the provisions of Article 103 (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 6 million won: <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or a fine not exceeding 4 million won: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. A person who falls under any of the following items in connection with an election campaign:

(a) Deleted; <by Act No. 5537, Apr. 30, 1998>

(b) A person who commits or makes another person commit an act, such as entertainment, in contravention of the provisions of the latter part of Article 77 (10), or who installs or puts up on notices signs or propaganda objects, or installs loudspeakers, tape recorders,

Article 256

or video cameras outside the meeting place or uses or makes another person use advertising balloon in excess of the specified number, in contravention of the provisions of paragraph (11) of the same Article;

(c) A person who plays music including contents other than the content in which a political party or candidate is publicized, or makes broadcast or plays films on contents other than the content regarding the platform or policy of a political party to which a candidate belongs, or his personal histories or political views according to Article 79 (10);

(d) A person who professes to be supported or recommended by a specific political party in contravention of the provisions of Article 84;

(e) A person who fails to perform requests made by election commissions at various levels in contravention of Article 82-3 (5);

(f) A person who commits or makes another person commit an act contrary to the provisions of Article 86 (1) 5 through 7;

(g) A person who commits or makes another person commit an act or propaganda activity having any influence on the election, in contravention of the provisions of Article 89 (2);

Article 256

(h) A person who installs, displays, post, or distributes any propaganda materials, or makes another person do so, or makes and sells any symbol, or makes another person do so, in contravention of the provisions of Article 90;

(i) A person who holds, or makes another person hold, other election campaign speech meeting, in contravention of the provisions of Article 101;

(j) A person who holds an election campaign speech meeting, speech and interview, or interview and debate meeting by night, in contravention of the provisions of Article 102;

(k) A person who holds or makes another person hold various rallies, in contravention of the provisions of Article 103 (2) or (3);

(l) A person who disturbs the order, or uses or makes another person use torches at the place for an election campaign speech meeting in contravention of the provisions of Article 104;

(m) A person who discloses the details and result of a public opinion poll, or makes a report citing them or makes another person do so, in contravention of the provisions of Article 108 (1), or who conducts or makes another person conduct a public opinion poll in contravention

Article 256

of the provisions of paragraph (2) of the same Article, or a person who conducts a public opinion poll or has other persons do so in contravention of paragraph (3) of the same Article, or a person who discloses or makes broadcast on results of public opinion poll, or has other persons do so, or a person who fails to keep all the materials relevant to public opinion poll for the period of six months after the election date in contravention of paragraph (4) of the same Article; and

(n) A person who reports the parliamentary activities from the beginning day of election campaign period to the election day, in contravention of the provisions of the proviso of Article 111 (1);

2. A person who falls under any of the following items in connection with the order of an election: and

(a) A person who interferes with, or performs an act having any influence on, the affairs of preparing the electoral registry, in contravention of the provisions of Article 39 (8);

(b) A person who hands over or lends to other people or uses for the purpose of property interest or profit-making or makes another person do so, a copy of the delivered electoral registry, pollbook for reported absentees, or photocopies of the computerized data thereof, in contravention of theprovisions of Article 46

Article 256

(4);

(d) A person who becomes or makes another person become a witness in contravention of the provisions of Article 161 (7) [including the case where it is applicable under Articles 162 (4) and 181 (11)];

(e) A person who enters a polling station in contravention of the provisions of Article 163 (1) and (4), or who fails to post a sign, or sticks or wears any indicative object other than the mark, or hands over or concedes or makes another person hand over or concede any mark, in contravention of the provisions of paragraphs (2) through (4) of the same Article;

(f) A person who fails to comply with the order issued as provided in the main sentence of Article 166 (1) and paragraph (5) of the same Article, or who makes any marking contrary to the provisions of paragraphs (3) and (5) of the same Article, or makes another person do so; and

(g) A person who enters a ballot-counting place in contravention of the provisions of Article 183 (1), or who fails to post a mark, or wears or sticks any indicative

Article 256

objct othr than th mark, or hands ovr or concdes, or makes another person hand over or concede the mark to another person, in contravention of the provisions of paragraph (2) of the same Article;

3. A person who has failed to implement it without delay upon receiving a notification falling under any of the following items:

(a) Measures for sanctions, etc. as provided in Article 8-2 (5) and (6) [including the case of application mutatis mutandis by Article 8-3 (4)];

(b) Printing of a letter of apology or a correction report pursuant to Article 8-3 (3); and

(3) If a political party commits any of the following acts, the party headquarters shall be punished by a fine of up to 10 million won, and if an executive officer of the party headquarters or a member of the party commits or makes another person commit any violation, he shall be punished by imprisonment for up to two years or a fine of up to 4 million won: <Amended by Act No. 6265, Feb. 16, 2000>

1. A person who makes any advertisement in a daily newspaper in contravention of the provisions of Article 137;

Article 256

2. A person who makes a broadcast speech on the platform and policy in contravention of the provisions of Article 137-2 (1) through (3);

3. A person who makes and distributes a brochure on the party platform and policy in contravention of the provisions of Article 138 [excluding paragraph (4)];

4. A person who publishes and distributes the party organ in contravention of the provisions of Article 139 [excluding paragraph (3)];

5. A person who holds a rally for formation of a political party in contravention of the provisions of Article 140 (1) and (2);

6. A person who holds a rally of party members in contravention of the provisions of Article 141 [excluding paragraphs (2) and (4)];

7. A person who holds a party executive staff meeting in contravention of the provisions of Article 142 (1);

8. A person who conducts an education and training for the party members in contravention of the provisions of Article 143 (1); and

9. A person who recruits party members or distributes the application forms for joining the political party in contravention of

Article 256

the provisions o Article 144 (1), or appoints any salaried clerk in contravention of the provisions of paragraph (2) of the same Article.

(4) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 2 million won: <Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. A person who obtains or makes another person obtain a recommendation of the elector by a recommendation letter with no seal of approval, or in excess of the maximum number of the recommending electors for an election campaign, in contravention of the provisions of Article 48 (3);

2. A person who establishes an election campaign office or election campaign liaison office in contravention of the provisions of Article 61 (5);

3. A person who appoints an election campaign manager, chief of the election campaign liaison office or election campaign worker, in contravention of the provisions of the text of Article 62 (5), or who recruits the person who is to carry out the election campaign, in violation of paragraph (6) of the same Article;

4. A person who appoints or makes another person appoint the election campaign workers in excess of two times in contravention of

Article 256

the latter part Article 63 (1);

5. A person who prints and provides a propaganda poster, election campaign bulletin or small printed matter in excessive quantities, in contravention of the provisions of Article 64 (7), 65 (5) (referring to a case where Article 64 (7) is applicable mutatis mutandis) or 66 (9) (referring to a case where Article 64 (7) is applicable mutatis mutandis);

6. A person who does not violate the provisions concerning the standard and frequency as provided in Article 69 (1) and (2) but makes an advertisement or makes another person do so in contravention of the provisions of paragraphs (4) through (6) of the same Article;

7. A person who refuses permitting use of a place in contravention of the provisions of Article 78 (2);

8. A person who conducts an election campaign speech or interview at an open place in contravention of the provisions of Article 79 (1), (3) through (5), (6) (excluding a case where the sign is not attached), (7) through (9) (excluding a case where the identification card is carried) or (11);

9. A person who fails to report the fact that an interview and debate meeting is held, or to post or paste any sign in contravention of the provisions of Article 81 (3) or (4);

Article 256

10. A person who provides money or goods, or other benefits, or money and goods for congratulations or condolences, or promises, instructs, persuades, serves as intermediary, or demands such provisions, in contravention of the provisions of Article 117-2 (1) 1 or 2 (text) or (2);

11. A person who violates the provisions of Article 118; or

12. A person who obstructs entry or fails to comply with the requests for submission of materials, or submits the false data, in contravention of Article 272-2 (3).

(5) Any person who provides goods for congratulations or condolences, or promises, instructs, persuades, serves as intermediary, or demands such provisions, in contravention of the provisions of the proviso of Article 117-2 (1) 2 or paragraph (2) of the same Article, or who officiates at a marriage ceremony in contravention of the provisions of paragraph (1) 3 of the same Article, shall be punished by a fine not exceeding five hundred thousand won. <Newly Inserted by Act No. 5537, Apr. 30, 1998>

Article 257 (Violation of Prohibition and Restriction on Contributions)

(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won: <Amended by Act No. 5149,

Article 257

Feb. 6, 1996; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

1. A person who violates the provisions of Article 113, 114 (1) or 115; and

2. A person who violates the provisions of Article 81 (6) [including thecase where Articles 82 (4) and 82-2 (8) apply mutatis mutandis].

(2) Any person who instructs, solicits, mediates, demands, or receives any contribution to or from a political party (including a preparatory committee for formation of a new political party), candidate (including a candidate who wishes to be a candidate; hereinafter, the same shall apply in this Article), his spouse, the candidate’s or his spouse’s lineal ascendant or descendant, siblings, his or her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer or debater, company which has a relation with the candidate or his family, or its officer or employee, or third person (referring to a counterpart to the act as provided in Article 116), as provided in Article 81 (6), 82 (4), 113, 114 (1) or 115, shall be punished by imprisonment for up to three years or a fine of up to 5 million won. <Amended by Act No. 5262, Jan. 13, 1997; Act No. 6265, Feb. 16, 2000>

(3) Any person who violates the provisions of Article 117 shall be punished by imprisonment for up to three years or a fine of up to 5

Article 257

million won. <Newly Inserted by Act No. 4949, May 10, 1995>

(4) Any benefits received by a person who has committed a crime as provided in paragraphs (1) through (3) shall be confiscated: Provided, That where it is impossible to confiscate the whole or part thereof, its value shall be collected. <Newly Inserted by Act No. 4949, May 10, 1995>

Article 258 (Unlawful Disbursement of Election Expenses)

(1) Any person shall be punished by imprisonment for up to five years or a fine of up to 20 million won in the following cases:

1. Where a political party, candidate, election campaign manager, chief of the election campaign liaison office, accountant in charge, or assistant in financial affairs has disbursed the election expenses in excess of 1/200 or more of the restricted amount of election expenses announced publicly as provided in Article 122; and

2. Where the accountant in charge fails to submit or falsely submits the report on revenues and disbursements as provided in Article 132 (1) to the election commission concerned without a justifiable reason.

(2) Any person shall be punished by imprisonment for up to two years or a fine of up to 4 million won in the following cases: <Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000>

Article 258

1. A person who violates the provisions of Articles 124, 127 through 129 (1) through (3), 130, 135 (4), or 136 (1);

2. A person who makes a false entry into, counterfeits, or alters the receipts and other documentary evidences as provided in Article 130 or has another person do so; and

3. Where a political party, candidate, accountant in charge, person who receives or is entitled to receive the expenses disbursed from the election expenses, or other interested person, violates the provisions of Article 134 (2).

Article 259 (Instigation of Election Offense)

Any person who instigates another person to commit the crime as provided in Articles 230 through 235 and 237 by means of a speech, poster, newspaper, or any other means, shall be punished by imprisonment for not more than three years or a fine not exceeding 6 million won.

Article 260 (Joint Penal Provisions)

If an officer or member of a company (referring to a company as provided in Article 114; hereinafter, the same shall apply in this Article) commits an offense as provided in this Chapter in connection with its business, the company shall be deemed to have committed the offense, and shall be punished by fines as provided in respective Articles, in addition to the punishment against the offender as provided in the corresponding Article.

Article 259 ~ 260

Article 261 (Imposition and Collection of Fines)

(1) Any person who violates the provisions of Articles 70 (3), 71 (10), 72 (3) [including a case which applies mutatis mutandis under Article 74 (2)], 73 (1) (limited to the contents provided by the competent constituency election commission) and (2), or 275 shall be punished by a fine for negligence not exceeding 3 million won. <Amended by Act No. 5537, Apr. 30, 1998 Act No. 6265, Feb. 16, 2000>

(2) Except as prescribed otherwise by this Act, any person who commits any of the following acts shall be punished by a fine for negligence not exceeding 2 million won: <Amended by Act No. 4947, Apr. 1, 1995; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

1. A person who neglects the obligation of a report or submission as prescribed by this Act with respect to the election;

2. A person who falls under any of the following items:

(a) A person who fails to specify the details of allocation in a report on the establishment of the election campaign office or election campaign liaison office, in contravention of the provisions of Article 205 (3);

(b) A person who fails to specify the details of allocation

Article 261

in a report on the appointment of the election campaign manager, chief of an election campaign liaison office, and election campaign worker, in contravention of the provisions of 205 (3);

(c) A person who fails to report in writing the details of allocation at the time he submits small printed matter, in contravention of the provisions of the latter part of Article 207 (3);

(d) A person who fails to specify the details of allocation in the advertisement contract, in contravention of the provisions of the latter part of Article 69 (3);

(e) A person who fails to specify the details of allocation in a report on holding an election campaign speech meeting by a political party or candidate, in contravention of the provisions of Article 77 (4); or who fails to remove the announcement poster, in contravention of the provisions of paragraph (13) of the same Article; and

(f) A person who fails to attach an identification card in contravention of the provisions of Article 79 (9);

3. A person who violates the provisions of Article 123 (1), (2), (4) through (6), or Articles 125 (2) and 132 (2);

4. A person who

Article 261

damages r stains the ballt paper mdel psted as prvided in Article 152 (1);

5. A person who commits a vicarious execution, which is minor, as provided in Article 271 (1). In this case, if a fine for negligence is not imposed, the complaint shall be filed against him to the competent criminal investigation agency, or request it to investigate the matter; and

6. A person who fails to remove any propaganda materials in contravention of Article 276.

(3) A person who commits any act falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 1 million won: <Amended by Act No. 6265, Feb. 16, 2000>

1. The witness appointed by the election commission as provided in Articles 161 (3) (proviso), 162 (3), or 181 (3) refuses or idles the witness without justifiable reasons;

2. A person who falls under any of the following items:

(a) A person who installs or posts, or make another person do so, a signboard, tablet or placard in the election campaign office or election campaign liaison office in contravention of the provisions of Article 61 (6);

(b) A person

Article 261

who performs, or makes another pe perform, an electioncampaign without wearing the identification card in contravention of the provisions of Article 63 (2);

(c) A person who carries, or make another person carry, the signboards, labels or flags for an election campaign in contravention of the provisions of Article 68 (2);

(d) A person who makes a campaign speech or interview without marking his motor vehicle and loudspeaker system in contravention of the provisions of Article 79 (6); and

(e) A person who operates, or makes another person operate, a motor vehicle or ship without attaching the marks in contravention of the provisions of Article 91 (4);

3. A person who posts the notification posters and marks, or fails to remove them without delay upon the completion of a briefing session of his parliamentary activities, in contravention of the provisions of Article 111 (2); and

4. A person who falls under any of the following items:

(a) A person who fails to submit the brochure on platform and policies in contravention of the provisions of Article

Article 261

138 (4);

(b) A person who fails to submit the party organ in contravention of the provisions of Article 139 (3);

(c) A person who fails to remove without delay the posters and signs for public announcement of the rally for formation of a political party in contravention of the provisions of Article 140 (4);

(d) A person who holds a party members' rally at a place which a large number of people do not pass by or which is not open to the public in contravention of the provisions of Article 141 (2), or who fails to remove without delay the posters and signs announcing the partymembers' rally, in contravention of the provisions of paragraph (4) of the same Article;

(e) A person who delays the report on holding an extended meeting of the party executive staff, or holds it without making a report thereon, in contravention of the provisions of Article 142 (2);

(f) A person who conducts the education session for the party members at such places that are not provided in Article 143 (3); and

(g) A person who installs or posts the propaganda materials at the headquarters of a political party in contravention

Article 261

of the provisions of Article 145.

(4) The fine for negligence as provided in paragraphs (1) through (3) shall be paid by the election commission concerned (hereinafter referred to as the “person who is authorized to impose” in this Article) to the State or local government, by deducting the amount from the deposit money of a relevant candidate if the person subject to the disposition of the fine for negligence is a political party, candidate, his family, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, or election campaign speechmaker, and if the person subject to the disposition of the fine is someone else, the fine shall be imposed on the offender, and if it is not paid within the payment term, the collection thereof shall be entrusted to the chief of the competent tax office, who shall then collect it according to the examples of the disposition of the national taxes in arrears and pay it to the State or local government concerned, as prescribed by the National Election Commission Regulations.

(5) Any person who is dissatisfied with the disposition of the fine for negligence as provided in paragraph (4) may raise an objection to the person who is authorized to impose it, within 20 days after he is notified of such disposition.

(6) The person who is authorized to impose shall, in case where the person who is subject to the disposition of the fine for negligence as provided in paragraph (4) raises an objection as provided in paragraph (5),immediately notify the fact thereof to the

Article 261

comptnt court, which, upon rciving such notification, shall bring the case of the fine for negligence to a trial as prescribed by the Non-Contentious Case Litigation Procedure Act.

(7) The institution of an objection or proceeding of a trial as provided in paragraph (5) or (6) shall not affect the validity, execution, or proceeding of the disposition of the fine for negligence.

Article 262 (Special Cases concerning Persons who Voluntarily Surrender to Police)

(1) From among those who have violated the provisions of Article 230 (1), 231 (1) or 257 (2), in case where those who receive or consent to receive money, goods, or other benefits (excluding a candidate, his family, election campaign manager, chief of an election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, witness, party executive staff, or person who has received or consented to receive any benefits in a deceitful way), voluntarily surrenders to the police, they shall be mitigated or exempted from punishment. <Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000>

(2) In case where those as provided in paragraph (1) report on their own offenses against the election to the election commission on each class (excluding the constituency election commission) and the relevant commission notifies it to the related investigation agency, the time when such a report is made to the said

Article 262

commission shall be deemed as the time of voluntary surrender. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

CHAPTER XVII SUPPLEMENTARY PROVISIONS

Article 263 (Invalidity of Election Due to Excessive Disbursement of Election Expenses)

If the election campaign manager or accountant in charge for the election campaign office is sentenced to imprisonment because of an excessive disbursement of 1/200 or more of the restricted amount of election expenses publicly announced as provided in Article 122, the election of the candidate concerned shall become invalidated: Provided, That where the disbursement is made with the intention of making the election of the candidate invalidated by inducement or provocation of another person, this shall not apply.

Article 264 (Invalidity of Election Due to Election Crimes of Elected Persons)

If an elected person is sentenced to imprisonment or a fine of not less than 1 million won for committing a crime prescribed by this Act, in the election concerned, his election shall become invalidated.

Article 265 (Invalidity of Election due to Election Offense by Election Campaign Manager)

Article 263 ~ 265

If an election campaign manager, accountant in charge of an election campaign office, or lineal ascendant or descendant and spouse of the candidate, has committed a crime related to a contribution act as provided in Articles 230 through 234, or 257 (1), and is sentenced to the imprisonment, the election of the candidate concerned (excluding the candidate for the presidency, the proportional representative National Assembly member and the proportional representative City/Do council member) shall become invalidated: Provided, That where the crime is committed with the intention of making the election of the candidate invalidated by an inducement or provocation of another person, this shall not apply. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000>

Article 266 (Restriction on Attending to Public Affairs Due to Election Offense)

(1) Notwithstanding the provisions of other Acts, the person who is sentenced to the imprisonment due to the crime as provided in Articles 230 through 234, 237 through 255, 256 (1) and (2), 257 through 259 shall not be assigned or appointed to any of the following offices for 10 years after the non-execution of the sentence becomes final, or the execution of the sentence is terminated or exempted; a person who is sentenced to a suspension of sentence execution, for 10 years after the sentence becomes final; and a person who is sentenced to a fine of not less than 1 million won, for five years after the sentence becomes final: <Amended by Act No. 5412, Nov. 14, 1997;

Article 266

Act No. 6265, Feb. 16, 2000>

1. An office falling into any of the subparagraphs of Article 53 (1) (including president of each association and full-time employees in such cases as provided in Article 53 (1) 5);

2. An office falling into Article 60 (1) 6 through 9;

3. An officer or employee of the institution and organization falling into Article 3 (1) 10 or 11 of the Public Service Ethics Act;

4. A teacher as provided in Article 53 or 53-2 of the Private School Act; and

5. A member of the Broadcasting Committee as provided in Article 21 of the Broadcasting Act.

(2) Any person whose election is invalidated pursuant to Article 263 or 265 shall not become a candidate for the relevant special election. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

Article 267 (Notification on Indictment and Judgment)

(1) If an elected person, candidate, lineal ascendant or descendant, and spouse of a candidate, election campaign manager, accountant in charge of the election campaign office is indicted for a crime on an election, the fact thereof shall be notified to the constituency election commission concerned.

Article 267

(2) The presiding judge who has rendered a final judgment on the crime as provided in Articles 230 through 235, and 237 through 259 shall send a copy of such judgment to the constituency election commission concerned.

Article 268 (Prescription of Public Prosecution)

The prescription of a public prosecution against the crime as prescribed by this Act shall be completed at the expiration of six months after the competent election day: Provided, That if the criminal escapes, the period shall be three years.

Article 269 (Jurisdiction of Trial)

The first trial on an election criminal and his accomplice shall be under the jurisdiction of the collegiate division of the district court or its branch court as provided in Article 32 (1) of the Organization of the Courts Act: Provided, That the first trial on an election criminal and his accomplice who are under jurisdiction of the military court shall be under the jurisdiction of the ordinary military court as provided in Article 11 of the Military Court Act.

Article 270 (Mandatory Statute on Trial Period of Election Crime)

A trial for an election criminal and his accomplice shall proceed promptly in preference to other trials, and the sentence of the trial shall be made, without fail, within six months after the public prosecution is instituted, in the first instance, and

Article 268 ~ 270

within three months after the judgment on the previous trial is sentenced, in the second and the third instances. <Amended by Act No. 6265, Feb. 16, 2000>

Article 271 (Measures and Vicarious Execution against Unlawful Facilities)

(1) Each election commission, upon finding any poster, printed matter, placard or other propaganda materials (including materials posted at the building of a political party) related to the election, or similar organization, private organizations, or facilities which are contrary to the provisions of this Act, shall immediately order the suspension of posting or pasting, or withdrawal, removal, or closure, and if the order is not complied with, the commission may execute it vicariously. In this case, the vicarious execution shall be made under the Administrative Vicarious Execution Act, but the procedure may be made under the National Election Commission Regulations, regardless of the provisions of Article 3 of the same Act. <Amended by Act No. 5412, Nov. 14, 1997>

(2) Each election commission may post a mark or make a public announcement on such unlawful facilities as provided in paragraph (1), to the effect that they are unlawful, under the National Election Commission Regulations,

(3) With respect to the deduction, payment, entrustment with collection of the expenses for the vicarious execution, which are borne by the deposit money as provided in Article 56 (3), the provisions of Article 261 (4) shall apply mutatis mutandis. <Newly

Article 271

Inserted by Act No. 4947, Apr. 1, 1995>

Article 271-2 (Restrictions on Advertisement for Election)

(1) If an election commission deems the contents of an advertisement to be broadcast or to be inserted in newspapers, magazines or other publications to be contrary to this Act, it may require the persons who operate and manage the relevant broadcasting stations or daily newspaper companies, and the advertisers, to suspend such an advertisement.

(2) Any person who has received a requirement for suspension as referred to in paragraph (1), shall comply with such a requirement, and if he makes an advertisement in noncompliance with such a requirement, a competent election commission shall, without delay, request a criminal investigation or make a complaint against him to a competent investigation agency.

(3) The term “advertisement” as used in paragraph (1) means an advertisement (excluding an advertisement as referred to in other provisions of this Act) for or against the result of an election for a candidate (including those wishing to be candidates), or favorable or unfavorable to a specific political party (including preparatory committee for the formation of a political party).

[This Article Newly Inserted by Act No. 5537, Apr. 30, 1998]

Article 272 (Suspension of Mailing of Unlawful Propaganda Material

Article 271-2 ~ 272

(1) If each election commission (excluding a voting district election commission; hereafter the same shall apply in this Article) finds ex officio or at a request of a political party or candidate that any propaganda materials suspicious of a crime as prescribed in this Act are mailed or that their mailing is attempted, it may request the head of the post office concerned to ban or suspend the mailing of such propaganda materials. <Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>

(2) The head of a post office, upon receiving the request to ban or suspend the mailing of the relevant postal matters as provided in paragraph (1), shall immediately suspend the mailing, and notify the sender thereof: Provided, That if the sender’s address is not indicated, he shall announce the fact that the mailing is suspended, on the bulletin board of the sending post office.

(3) The election commission concerned, upon requesting the ban or suspension of the mailing as provided in paragraph (1), shall immediately request an investigation or file a complaint with the criminal investigation agency, and request a seizure of the mail in question.

(4) In the case as provided in paragraph (3), the criminal investigation agency shall notify the election commission and the head of a post office concerned of whether a warrant of seizure against the mail in question is issued or not, within the period as

Article 272

provided in Article 200-4 of the Criminal Procedure Act, but if the head of the post office fails to have the warrant of seizure issued, he shall immediately release the suspension of mailing. <Amended by Act No. 5412, Nov. 14, 1997>

(5) Each election commission may, upon finding the propaganda materials suspicious of crimes corresponding to those as prescribed by this Act are mailed, request the head of the related post office to present the personal particulars such as the name and address of the party concerned related to the relevant propagandamaterials. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(6) Where the head of a post office suspends the mailing at the request of each election commission, the provisions of Article 50 of the Postal Service Act shall not apply, and where he presents the personal particulars of the party concerned related to the mailing of the propaganda materials, the provisions of Article 51-2 of the same Act shall not apply. <Amended by Act No. 6265, Feb. 16, 2000>

(7) Each election commission may, in case where deemed there exist the illegal propaganda materials suspicious of crimes corresponding to those as prescribed by this Act from among the postal matters handled by the postal service offices, request the head of the relevant post office to take measures pursuant to Article 28 of the Postal Service Act along with the measures as provided in paragraph (1). In this case, the provisions of Article 48 of the Postal Service Act and Article 16 of the

Article 272

Protection of Communications Secrets Act shall not apply. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

Article 272-2 (Investigation of Persons Guilty of Election Crimes, etc.)

(1) Where it appears that a person is guilty of election crime, or a petition for election crime made by the candidate, election campaign manager, chief of an election campaign liaison office, or election campaign worker is regarded based on good evidence, or where the reports are made on crimes committed on the spot, as regards election crimes falling under Article 18 (2), the members or employees of election commissions at various levels (excluding election commissions at voting areas. The same shall also apply hereinafter.) may enter the place, and inquires or investigates relevant persons, or request them to submit relevant documents or other materials necessary for investigations.

(2) The members or employees of election commissions at various levels may, in case where deemed there exist some concerns about the destruction of evidences which have been used for the election crimes at the spot of those related to the offer of money and goods or banquets, take away the evidences at the spot within the limit of necessity for investigations. In this case, the members or employees of relevant election commissions shall, in case where they file a complaint about or request an investigation into the related election crimes, send the evidential goods so taken away to the related investigation

Article 272-2

agency, and where they do not do so, they shall, without delay, return them to the person who owns, possesses or manages them. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(3) No one may obstruct entry into the place, and the person who is subject to questions or investigation, or requested to submit materials under paragraph (1) shall comply with it.

(4) The members or employees of election commissions at various levels may, in case where deemed necessary for the inquiries or investigations on the parties concerned in connection with the investigations of election crimes of offering money and goods or banquets, request the accompanying or attendance to the election commission. <Newly Inserted by Act No. 6265, Feb. 16, 2000>

(5) Where members or employees of election commissions at various levels enter the place, inquire, investigate, or make a request for the submission of materials in accordance with paragraph (1), they shall show credentials evidencing their positions to interested persons, tell their posts and names, and explain their objectives and grounds.

(6) Procedures or methods of provision of good evidence, taking away of evidential data, measurement of credentials, or other necessary matters under paragraphs (1) through (5) shall be determined by the National Election Commission Regulations. <Amended by Act No. 6265, Feb. 16, 2000>

[This

Article 272-2

Article Newly Inserted by Act No. 5412, Nov. 14, 1997]

Article 273 (Request for Ruling)

(1) Any candidate or political party (limited to a central party) and the competent election commission that lodges an accusation or complaint on a crime as provided in Articles 230 through 234, 237 through 239, 248 through 250, Article 255 (1) 1, 10, and 11, and (3), Article 257 or 258 may request the appellate court corresponding to the high public prosecutor’s office to which the public prosecutor belongs to rule on whether it is right or wrong within 10 days after he is notified that the public prosecutor refuses instituting a public prosecution. <Amended by Act No. 6265, Feb. 16, 2000>

(2) The provisions of Articles 260 (2), 261, 262, 263, 264 and 265 of the Criminal Procedure Act shall apply to a request for the ruling as provided in paragraph (1).

(3) When the request for the ruling as provided in paragraph (1) is received by the district public prosecutor’s office or its branch office to which the public prosecutor as provided in Article 260 (2) of the Criminal Procedure Act belongs, the prescription of the public prosecution shall be suspended from running until the decision as provided in Article 262 (1) of the Criminal Procedure Act is made.

(4) With respect to the request for a ruling as provided in paragraph (1), if the public prosecutor fails to institute a public prosecution

Article 273

no later than 10 days before the prescrip of public prosecution on the election crime expires, the notification that the public prosecutor would not institute the public prosecution shall be deemed to have been made at that time, and if the public prosecutor fails to institute a public prosecution on the election crime claimed by the election commission from the day of claim to three months, such notification shall be deemed to have been made at the time when the relevant three months elapsed. <Amended by Act No. 6265, Feb. 16, 2000>

Article 274 (Time for Report on Election)

Except as prescribed otherwise by this Act, a report, application, submission, or notification to each administrative agency and election commission concerned during the election period as prescribed by this Act, the Presidential Decree, or National Election Commission Regulations to enforce this Act shall be made within the regular working hours of the national public officials in general service on the ordinary weekday, notwithstanding the legal holiday.

Article 275 (Restriction of and Suspension of Election Campaign)

In the election of the local constituency National Assembly members or local council members, where a candidate resigns or dies or his registration becomes invalidated, after the registration of candidates is closed, so that the number of the candidates for the election district (in the election of the local constituency National Assembly members, it refers to the local constituency for the National Assembly members; hereinafter,

Article 274 ~ 275

the same shall apply in this Article) becomes short of the full number of the members for the constituency and the voting is not held, the election campaign for the relevant election of a local constituency National Assembly member or local council member as prescribed by this Act shall be suspended from the time when the cause becomes final.

Article 276 (Withdrawal of Propaganda Materials after Election Day)

A person who has pasted, posted, or installed any propaganda materials or facilities for the election campaign shall immediately withdraw them after the election day.

Article 277 (Expenses for Election Management)

(1) The following expenses needed for preparing and holding the presidential election and election of the National Assembly members and those disbursed by the National Election Commission and the City/Do election commission to uniformly carry out the affairs as to an election of a local council member or head of a local government shall be borne by the State. In this case, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in whichthe beginning day of restriction period of contribution behavior to the relevant election is included, with respect to the expenses falling under subparagraph 2), but the budget shall be allotted to the National Election Commission at latest by 60 days before

Article 276 ~ 277

the beginning of the election period (before the beginning day of restriction period of contribution behavior to the relevant election with respect to the expenses falling under subparagraph 2), and for the special election, by 15 days from the time when the cause for holding the election becomes final (referring to five days from the day when the cause for holding the election becomes final, in the case of a reelection as provided in Article 197, and to at least a day before the election day is publicly announced,in the case of a postponed election and revoting ; hereinafter, the same shall apply in this Article), so as not to impede the execution of such affairs: <Amended by Act No. 6265, Feb. 16, 2000>

1. Expenses needed for preparing the management of the election and holding it as prescribed by this Act;

2. Expenses needed for guidance, public information and control affairs related to the election;

3. Expenses for lawsuits on an election;

4. Expenses to be borne as a result of a lawsuit on an election; 5. Expenses for straightening out materials on the result of an election;

5. Expenses for arranging the data on the result of an election;

6. Expenses needed for operating and managing affairs of the electioncommissions

Article 277

for the election management; and

7. Unpredictable expenses or expenses to be allocated for an excessive disbursement of appropriated budget which correspond to 1/100 of the aggregate of expenses of subparagraphs 1 and 2.

(2) The following expenses needed for preparing the management of, and operating, an election of a local council member or head of the local government shall be borne by the local government concerned. In this case, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in which the restriction period of contribution behavior to the relevant election is included, with respect to the expenses falling under paragraph (1) 2), at least 60 days before the beginning day of election period (before the beginning day of the restriction period of contribution behavior to the relevant election with respect to the expenses falling under paragraph (1) 2), but the expenses shall be paid to the City/Do election commission concerned in the case of an election for the council member and head of a City/ Do; and to the constituency election commission concerned in the case of an election for the council member and head of an autonomous Gu/Si/ Gun; for the special election, to the relevant City/Do election commission by 15 days from the day when the cause for holding the election becomes final, so as not to impede the execution of its affairs, to the relevant City/Do electioncommission in the case of an election for the council members

Article 277

and head of City/ Do; and to the relevant constituency election commission in the case of an election for the council member or head of an autonomous Gu/Si/Gun: <Amended by Act No. 6265, Feb. 16, 2000>

1. Expenses as provided in the subparagraphs of paragraph (1);

2. Expenses for a petition on the election; and

3. Expenses to be borne as a result of a petition on the election.

(3) After the State or local government has allocated or paid the expenses for election management as provided in paragraphs (1) and (2), in case where there occurs a new cause for holdingan election along with an election for which the expenses have already been allocated or paid, or where the allocated or paid expenses thereof run short, the additional amount shall be immediately allocated or paid at the request of the election commission concerned as provided in the classifications of paragraph (4).

(4) Of the expenses other than those as provided in paragraphs (1) through (3), the expenses to be borne by the State among those to be borne by the State or local government as prescribed by this Act shall be allocated or paid to the election commission concerned within fifteen days from the election day at the request of the National ElectionCommission; the expenses disbursed for an election of a council member or head of a City/Do

Article 277

at the request of the City/ election commission; the expenses disbursed for an election of a council member and head of autonomous Gu/Si/Gun at the request of the constituency election commission concerned.

(5) The calculating standard for, procedure for and method of payment, execution, inspection and return of the expenses as provided in paragraphs (2) through (4) and other necessary matters shall be prescribed by the National Election Commission Regulations.

Article 278 (Voting and Counting of Votes by Computer Systems)

(1) The National Election Commission shall promote the business computerization in order to swiftly and correctly manage such election affairs as the voting, ballot-counting and others.

(2) In the computerization of voting affairs management, the arrangement shall be made so as to guarantee the secrecy of voting, to make the voting by the electors easy, to guarantee the witness by the political party or candidates, and to ensure the correction of errors in voting, prevention ofinvalid voting, and accuracy of voting, etc.

(3) In the computerization of the management of ballot-counting affairs,the arrangement shall be made so as to make the counting of obtained votes by political party or candidate correct, to make the verification of the voting results possible, and to guarantee the witness by the political party or candidates.

Article 278

(4) The National Election Commission shall, in case where it intends to perform the business management of voting and ballot-counting by its computerization, publicize it by means of the distribution of advice notes, the advertisement utilizing the press media and others, but the decision on whether it shall be performed shall be made in consultation with the political parties having a negotiating group in the National Assembly.

(5) In the computerization of the management of election affairs such as voting, ballot-counting and others, the procedures for and methods of voting and ballot-counting, the commission of computerization specialists as the voting and ballot-counting staff, the preparation, verification and preservation of the programs for operating the computer systems, and other necessary matters shall be prescribed by the National Election Commission Regulations.

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Repealed Acts)

The Presidential

Addenda

Election Act, the Election of Nation Assembly Members Act, the Election of Local Council Members Act and the Election of Heads of Local Governments Act shall hereby be repealed.

Article 3 (Transitional Measures concerning Voting Franchise and Eligibility for Election)

Notwithstanding the provisions of Articles 18 and 19, the voting franchise and eligibility for election of the person who is a convicted election criminal or whose election criminal charge is pending in court at the time this Act enters into force shall be subject to the previous examples.

Article 4 (Transitional Measures concerning Voting Districts)

The voting district established as provided in the previous provisions at the time this Act enters into force shall be deemed to have been established as provided in Article 31.

Article 5 (Ballot Counting by Means of Computer System)

(1) In a special election and others to be held after this Act enters into force, the ballot-counting affairs may be carried out by means of the computer system. In this case, the National Election Commission shall decide which special election to adopt the computer system in its ballot counting, in consultation with the political parties having the negotiation body in the National Assembly.

(2) The ballot-counting

Addenda

procedure and method, appointment of a computer expert as a ballot-counting clerk, preparation, verification and safekeeping of the computer system operational programs, and other necessary matters, where the ballot-counting affairs are carried out by means of the computer system as provided in paragraph (1), shall be prescribed by the National Election Commission Regulations.

Article 6 (Transitional Measures concerning Special Elections)

(1) The election day, election affairs schedule, and other election procedure, of a special election whose election day is publicly announced and which is being held before this Act enters into force shall be subject to the previous examples.

(2) The expenses for preparing, pasting, withdrawing and sending propaganda posters, election campaign bulletins, small printed materials for a special election whose election day is publicly announced and which is being held after this Act enters into force shall be borne in accordance with the previous examples.

(3) In the case of a special election where the cause for holding the special election has become final before this Act enters into force but its election day is not announced as of the enforcement date of this Act, the term “when the cause for holding the election becomes final” means “the enforcement date of this Act”.

(4) In a special election where the cause for holding it has become final before this Act enters into force, the person who falls under Article

Addenda

60 (1) 6 or 7, when wishing to be an election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, voting witness, or absentee voting witness, shall resign from his office no later than a day after the day when the election day for the special election is announced publicly, notwithstanding the provisions of Article 60 (2).

Article 7 (Transitional Measures concerning First Election Day for Heads of Local Governments)

(1) The election for the head of a local government and the election for a local council member at the expiration of the term, both of which are to be held for the first time after this Act enters into force, shall be held simultaneously on the 27th of June in 1995, and the term of the autonomous Gu/Si/Gun council member and the head of a local government, elected at the elections thereof, shall begin on the 1st of July in 1995.

(2) Notwithstanding the provisions of Articles 31 (1) and 87 (1) of the Local Autonomy Act, the term of the local council members and the head of a local government, who are elected by the elections to be held as provided in paragraph (1), shall expire on the 30th of June in 1998.

(3) In an election for the head of a local government which is held for the first time after this Act enters into force, the term “person who has kept the resident registration in the area under

Addenda

the jurisdiction of the local government concerned for 90 or more days consecutively as of the election day” as provided in Article 16 (3) means the “person who has kept the resident registration in the area under the jurisdiction of the local government as of the beginning day of the election period”.

(4) In an election for the head of a local government which is held for the first time after this Act enters into force, the person who falls under any of subparagraphs of Article 53 (1) and wishes to be a candidate shall resign from his office no later than a day before the beginning day of application of candidate registration, and the public official who holds the post of the head of a local government, if wishing to run for the election for the head of the local government concerned, shall resign from his office no later than 90 days before the election day.

(5) The election for the head of a local government which is held for the first time after this Act enters into force shall be deemed as an election held at the expiration of the term, in application of Article 203.

Article 8 (Transitional Measures concerning Penal Provisions)

The application of the penal provisions to the act committed before this Act enters into force shall be governed in accordance with the previous examples.

Article 9 (Transitional Measures concerning Invalidity of Election)

Addenda

The person who falls under any of Articles 263 through 266 for an offense committed before this Act enters into force, shall be subject to the previous examples, notwithstanding the provisions of this Act.

Article 10 Omitted.

Article 11 (Relations to Other Acts and Subordinate Statutes)

Where the repealed Act or the provisions thereof as provided in Article 2 of the Addenda of this Act are cited in other Acts and subordinate statutes at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed cited in lieu of the repealed Act or the provisions thereof if the provisions corresponding to them are included in this Act.

ADDENDA <Act No. 4796, Dec. 22, 1994>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1995.

Articles 2 through 4 Omitted.

ADDENDUM <Act No. 4947, Apr. 1, 1995>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 4949, May 10, 1995>

Addenda

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures concerning Eligibility for Election of Proportional Representative City/Do Council Members) In the election for the proportional representative City/Do council member to be held for the first time after this Act enters into force, the term “person who is registered as resident in the area under the jurisdiction of the local government concerned for 90 or more days consecutively as of the day of election” as provided in Article 16 (3) means the “person who is registered as resident in the area under the jurisdiction of the local government concerned as of the beginning day of the election period”.

(3) Omitted.

ADDENDUM <Act No. 4957, Aug. 4, 1995>

This Act shall enter into force on the date of its promulgation.

ADDENDUM <Act No. 5127, Dec. 30, 1995>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 5149, Feb. 6, 1996>

(1) (Enforcemen

Addenda

t Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures concerning Demarcation of Election Districts for National Assembly Members) Notwithstanding the provision of the latter sentence of Article 25 (1), in an election (including a special election and others) for a National Assembly member to be held in April 11, 1996, part of Haeundae-gu of Busan Metropolitan City may be divided to belong to Haeundae-gu and Gijang-gun B-Constituency, part of Buk-gu of Busan Metropolitan City to Buk-gu and Gangseo-gu B-Constituency; part of Gyeyang-gu of Incheon Metropolitan City to Gyeyang-gu and Ganghwa-gun B-Constituency, and part of the Mokpo-si of Jeollanam-do to Mokpo-si and Shinan-Gun B-Constituency, respectively, for the purpose of reducing the deviation of population.

(3) (Transitional Measures concerning Candidacy of Public Officials) Notwithstanding the provision of the main sentence of Article 53 (1), in the election for the National Assembly member to be held in April 11, 1996, the person who falls under any of the subparagraphs of the same paragraph of the same Article and wishes to be a candidate for the National Assembly member only in the election district adjusted by this Act(Jung-gu andDong-gu, Buk-gu and Gangseo-gu A/B, and Hae

Addenda

undae-gu and Gijang-gun A/B Constituencies in Busan Metropolitan City; Gyeyang-gu and Kanghwa-Gun A/B Constituencies in the Incheon Metropolitan City; Taebaek-Si and Jeongseon-gun Constituency in theGangwon-do; Poun-Gun, Okchon-Gun and Yongdong-Gun Constituency in theChungcheongbuk-do; Geumsan-gun and Nonsan-Gun Constituency in the Chungcheongnam-do; Mokpo-si and Shinan-Gun A/B, Posong-Gun andHwasun-gun, and Jangheung-gun and Yong-am-Gun Constituencies in theJeollanam-do; Mungyeong-si and Yechon-Gun Constituency, and YongYang-Gun, Ponghwa-Gun, and Ulchin-Gun Constituency in theGyeongsangbuk-do; and Ulsan-Si , Nam-gu A/B, and Gochang-gun and Hapcheon-gun Constituencies in the KyongsangnamDo), shall retire from his office within 10 days after this Act enters into force.

ADDENDA <Act No. 5262, Jan. 13, 1997>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures on Broadcast Speeches of Candidates for Local Co

Addenda

nstituency National Assembly Members) Notwithstanding the provisions of Article 70 (2), a broadcast speech by a candidate as provided in Article 71 in the election of local constituency National Assembly members shall be carried out by means of composite cable broadcast as prescribed by the Composite Cable Broadcasting Act, until the time of enforcement is separately determined in consideration of broadcasting hours per day and broadcasting facilities,

(3) (Transitional Measures on Penal Provisions) The application of the penal provisions to the crimes in violation of Articles 250 and 257 before this Act enters into force, shall be governed by the previous provisions.

ADDENDA <Act No. 5412, Nov. 14, 1997>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.

(2) (Transitional Measures) As for the initial election to be conducted after this Act enters into force, the Election Broadcast Deliberation Committee and the Presidential Election Debates Broadcasts Committee shall be established at the latest by ten days before the commencement of election period, despite the amended provisions of Articles 8-2 and 82-2.

ADDENDA <Act No. 5499, Jan. 13, 1998>

Article 1 (Enforcement Date)

(1) This Act shall enter into force on April 1, 1998. (Proviso Omitted.)

Addenda

(2) Omitted.

Articles 2 through 10 Omitted.

ADDENDUM <Act No. 5508, Feb. 6, 1998>

This Act shall enter into force on the date of its promulgation.

ADDENDA <Act No. 5537, Apr. 30, 1998>

(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 117-2 (1) 2 and 3, shall enter into force on the thirtieth day following the date of its promulgation.

(2) (Transitional Measures concerning Broadcast Speeches by Candidates for Election of Local Constituency National Assembly Members etc.)

Notwithstanding the provisions of Article 70 (2), broadcast speeches by candidates as referred to in the amended provisions of Article 71 in the election of local constituency National Assembly members and the heads of autonomous Kus/Sis/Kuns, shall be carried out by means of composite cable broadcasting as prescribed in the Composite Cable Broadcasting Act, till the time for such carrying out is determined in consideration ofbroadcasting

Addenda

hours per day and broadcasting facilities.

(3) (Transitional Measures concerning Electoral Eligibility) In the election of the local council members and the heads of local governments at the expiration of their term which takes place for the first time after this Act enters into force, persons who are registered asresident within the jurisdiction of such local governments from the third day after this Act enters into force up to the election day, shall be deemed to be eligible for the election, notwithstanding the provisions of Article 16 (3) “for sixty consecutive days of longer as of the election day”.

(4) (Transitional Measures concerning Candidacy of Public Officials or Other Persons) In the election of the local council members and the heads of local government at the expiration of their term which takes place for the first time after this Act enters into force, persons who fall under any of subparagraphs of Article 53 (1) and who intend to be candidate, shall resign their offices within three days from the date when this Act enters into force, notwithstanding the amended provisions of the main sentence of the same Article and paragraph.

(5) (Transitional Measures concerning Penal Provisions) In the application of penal provisions to acts committed before this Act enters into force, the previous provisions shall apply.

ADDENDA <Act No. 6265, Feb. 16, 2000>

Article 1 (Enforcement Date)

Addenda

This Act shall enter into force on the date of its promulgation; but the revised provisons related to the Broadcasting Act such as Article 8-2 (1), etc. shall enter into force on the date when the Broadcasting Act, Act No. 6139, enters into force.

Article 2 (Transitional Measures concerning Election News Deliberation Committee)

The Press Arbitration Committee shall, in the election of the local constituency National Assembly members at the expiration of term to be conducted first after the enforcement of this Act, establish an Election News Deliberation Committee within 20 days after the enforcement of this Act, notwithstanding the revised provisions of Article 8-3 (1).

Article 3 (Special Cases concerning Demarcation of Local Election Districts for National Assembly Members)

Notwithstanding the provision of the latter part of Article 25 (1), in the election of National Assembly members (including the special election, etc.), a divided part of the Haeundae-gu of the Busan Metropolitan City may be made to belong to the local election district for the National Assembly member for Gijang-gun B ofHaeundae-gu, and a divided part of the Buk-gu of the Busan Metropolitan City to the local election district for the National Assembly member for Gangseo-gu B ofBuk-gu, and a divided part of the Seo-gu of the Incheon

Addenda

Metropolitan City to the local election district for the National Assembly member for Ganghwa-gun B of Seo-gu.

Article 4 (Transitional Measures concerning Special Elections, etc.)

In the election of the local constituency National Assembly members at the expiration of term to be conducted first after the enforcement of this Act, the head of a local government intending to be a candidate shall resign from his post 60 days before the election day, notwithstanding the revised provision of Article 53 (3)

Article 5 (Transitional Measures concerning Broadcast Speech of Candidates for Head of Autonomous Gu/Si/Gun)

In the election of the head of autonomous Gu/Si/Gun, the broadcast speeches of candidates pursuant to the revised provision of Article 71 shall be conducted by using the composite cable broadcasting stations under the Broadcasting Act until such time when its execution period is separately determined in consideration of the broadcasting hours per day and the broadcasting facilities, etc.

Article 6 (Transitional Measures concerning Penal Provisions)

In the application of penal provisions to the acts before the enforcement of this Act (excluding the acts falling under the revised provisions

Addenda

of Article 58 (1) 3), the previous pr shall prevail.

Article 7 (Transitional Measures concerning Request for Ruling)

In instituting the public prosecution against the election offenses accused by the election commission before the enforcement of this Act, they shall be deemed to be accused on the enforcement date of this Act, notwithstanding the revised provision of Article 273 (4).

Article 8 Omitted.

Article 9 (Relations with Other Acts)

When other Acts cite the previous provisions at the time of the entry into force of this Act, where there exist the provisons in this Act corresponding to them, they shall be deemed to cite the corresponding provisions in this Act in place of the previous provisions.

Addenda

ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES
- Articles
- Addenda

1. 공직선거법

2026-03-19 / 제21488호 / 시행 2026-03-19
PUBLIC OFFICIAL ELECTION ACT

2. 공직선거법

2025-10-01 / 제21066호 / 시행 2025-10-01
PUBLIC OFFICIAL ELECTION ACT

3. 공직선거법

2025-04-01 / 제20902호 / 시행 2025-04-01
PUBLIC OFFICIAL ELECTION ACT

4. 공직선거법

2025-01-07 / 제20660호 / 시행 2025-01-07
PUBLIC OFFICIAL ELECTION ACT

5. 공직선거법

2024-03-08 / 제20370호 / 시행 2024-03-08
PUBLIC OFFICIAL ELECTION ACT

6. 공직선거법

2023-12-28 / 제19855호 / 시행 2024-01-29
PUBLIC OFFICIAL ELECTION ACT

7. 공직선거법

2023-12-26 / 제19839호 / 시행 2024-01-18
PUBLIC OFFICIAL ELECTION ACT

8. 공직선거법

2022-01-21 / 제18791호 / 시행 2022-01-21
PUBLIC OFFICIAL ELECTION ACT

9. 공직선거법

2021-03-23 / 제17980호 / 시행 2021-03-23
PUBLIC OFFICIAL ELECTION ACT

10. 공직선거법

2021-01-12 / 제17893호 / 시행 2021-01-13
PUBLIC OFFICIAL ELECTION ACT

11. 공직선거법

2020-12-29 / 제17813호 / 시행 2020-12-29
PUBLIC OFFICIAL ELECTION ACT

12. 공직선거법

2020-12-29 / 제17758호 / 시행 2021-01-01
PUBLIC OFFICIAL ELECTION ACT

13. 공직선거법

2020-12-22 / 제17689호 / 시행 2021-01-01
PUBLIC OFFICIAL ELECTION ACT

14. 공직선거법

2020-03-25 / 제17127호 / 시행 2020-03-25
PUBLIC OFFICIAL ELECTION ACT

15. 공직선거법

2020-03-24 / 제17125호 / 시행 2021-02-09
PUBLIC OFFICIAL ELECTION ACT

16. 공직선거법

2020-03-11 / 제17070호 / 시행 2020-03-11
PUBLIC OFFICIAL ELECTION ACT

17. 공직선거법

2020-02-04 / 제16957호 / 시행 2020-08-05
PUBLIC OFFICIAL ELECTION ACT

18. 공직선거법

2020-01-14 / 제16864호 / 시행 2020-01-14
PUBLIC OFFICIAL ELECTION ACT

19. 공직선거법

2019-12-03 / 제16671호 / 시행 2020-06-04
PUBLIC OFFICIAL ELECTION ACT

20. 공직선거법

2018-04-06 / 제15551호 / 시행 2018-04-06
PUBLIC OFFICIAL ELECTION ACT

21. 공직선거법

2018-03-09 / 제15424호 / 시행 2018-03-09
PUBLIC OFFICIAL ELECTION ACT

22. 공직선거법

2017-07-26 / 제14839호 / 시행 2017-07-26
PUBLIC OFFICIAL ELECTION ACT

23. 공직선거법

2017-03-09 / 제14571호 / 시행 2017-03-09
PUBLIC OFFICIAL ELECTION ACT

24. 공직선거법

2017-02-08 / 제14556호 / 시행 2017-02-08
PUBLIC OFFICIAL ELECTION ACT

25. 공직선거법

2016-05-29 / 제14184호 / 시행 2016-11-30
PUBLIC OFFICIAL ELECTION ACT

26. 공직선거법

2016-03-03 / 제14073호 / 시행 2016-03-03
PUBLIC OFFICIAL ELECTION ACT

27. 공직선거법

2016-01-15 / 제13755호 / 시행 2016-01-15
PUBLIC OFFICIAL ELECTION ACT

28. 공직선거법

2016-01-06 / 제13722호 / 시행 2017-07-07
PUBLIC OFFICIAL ELECTION ACT

29. 공직선거법

2015-12-24 / 제13617호 / 시행 2015-12-24
PUBLIC OFFICIAL ELECTION ACT

30. 공직선거법

2015-08-13 / 제13497호 / 시행 2015-08-13
PUBLIC OFFICIAL ELECTION ACT

31. 공직선거법

2015-06-19 / 제13334호 / 시행 2015-06-19
PUBLIC OFFICIAL ELECTION ACT

32. 공직선거법

2014-12-30 / 제12946호 / 시행 2015-03-31
PUBLIC OFFICIAL ELECTION ACT

33. 공직선거법

2014-11-19 / 제12844호 / 시행 2014-11-19
PUBLIC OFFICIAL ELECTION ACT

34. 공직선거법

2014-05-14 / 제12583호 / 시행 2014-05-14
PUBLIC OFFICIAL ELECTION ACT

35. 공직선거법

2014-02-13 / 제12393호 / 시행 2014-02-13
PUBLIC OFFICIAL ELECTION ACT

36. 공직선거법

2013-08-13 / 제12111호 / 시행 2013-08-13
PUBLIC OFFICIAL ELECTION ACT

37. 공직선거법

2013-03-23 / 제11690호 / 시행 2013-03-23
PUBLIC OFFICIAL ELECTION ACT

38. 공직선거법

2012-12-18 / 제11551호 / 시행 2013-12-19
PUBLIC OFFICIAL ELECTION ACT

39. 공직선거법

2012-10-02 / 제11485호 / 시행 2012-10-02
PUBLIC OFFICIAL ELECTION ACT

40. 공직선거법

2012-02-29 / 제11374호 / 시행 2012-02-29
PUBLIC OFFICIAL ELECTION ACT

41. 공직선거법

2012-02-22 / 제11373호 / 시행 2012-05-23
PUBLIC OFFICIAL ELECTION ACT

42. 공직선거법

2012-01-26 / 제11212호 / 시행 2014-01-01
PUBLIC OFFICIAL ELECTION ACT

43. 공직선거법

2012-01-17 / 제11207호 / 시행 2012-01-17
PUBLIC OFFICIAL ELECTION ACT

44. 공직선거법

2011-12-02 / 제11116호 / 시행 2012-03-15
PUBLIC OFFICIAL ELECTION ACT

45. 공직선거법

2011-11-07 / 제11071호 / 시행 2011-11-07
PUBLIC OFFICIAL ELECTION ACT

46. 공직선거법

2011-09-30 / 제11070호 / 시행 2011-09-30
PUBLIC OFFICIAL ELECTION ACT

47. 공직선거법

2011-07-28 / 제10981호 / 시행 2011-07-28
PUBLIC OFFICIAL ELECTION ACT

48. 공직선거법

2010-05-17 / 제10303호 / 시행 2010-11-18
PUBLIC OFFICIAL ELECTION ACT

49. 공직선거법

2010-03-12 / 제10067호 / 시행 2010-03-12
PUBLIC OFFICIAL ELECTION ACT

50. 공직선거법

2010-01-25 / 제9974호 / 시행 2010-01-25
PUBLIC OFFICIAL ELECTION ACT

51. 공직선거법

2010-01-25 / 제9968호 / 시행 2010-07-26
PUBLIC OFFICIAL ELECTION ACT

52. 공직선거법

2009-07-31 / 제9785호 / 시행 2010-02-01
PUBLIC OFFICIAL ELECTION ACT

53. 공직선거법

2009-02-12 / 제9466호 / 시행 2009-02-12
PUBLIC OFFICIAL ELECTION ACT

54. 공직선거법

2009-02-03 / 제9402호 / 시행 2009-02-03
PUBLIC OFFICIAL ELECTION ACT

55. 공직선거법

2008-02-29 / 제8879호 / 시행 2008-02-29
PUBLIC OFFICIAL ELECTION ACT

56. 공직선거법

2008-02-29 / 제8871호 / 시행 2008-02-29
PUBLIC OFFICIAL ELECTION ACT

57. 공직선거법

2008-02-29 / 제8867호 / 시행 2008-02-29
PUBLIC OFFICIAL ELECTION ACT

58. 공직선거법

2008-02-29 / 제8852호 / 시행 2008-02-29
PUBLIC OFFICIAL ELECTION ACT

59. 공직선거법

2007-12-21 / 제8730호 / 시행 2008-01-01
PUBLIC OFFICIAL ELECTION ACT

60. 공직선거법

2007-01-19 / 제8244호 / 시행 2007-02-20
PUBLIC OFFICIAL ELECTION ACT

61. 공직선거법

2007-01-03 / 제8232호 / 시행 2007-01-03
PUBLIC OFFICIAL ELECTION ACT

62. 공직선거법

2006-10-04 / 제8053호 / 시행 2006-10-04
PUBLIC OFFICIAL ELECTION ACT

63. 공직선거법

2006-03-02 / 제7850호 / 시행 2006-03-02
PUBLIC OFFICIAL ELECTION ACT

64. 공직선거법

2006-02-21 / 제7849호 / 시행 2006-07-01
PUBLIC OFFICIAL ELECTION ACT

65. 공직선거법

2005-08-04 / 제7681호 / 시행 2005-08-04
PUBLIC OFFICIAL ELECTION ACT

66. 공직선거및선거부정방지법

2004-03-12 / 제7189호 / 시행 2004-03-12
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

67. 공직선거및선거부정방지법

2003-10-30 / 제6988호 / 시행 2003-10-30
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

68. 공직선거및선거부정방지법

2003-02-04 / 제6854호 / 시행 2003-02-04
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

69. 공직선거및선거부정방지법

2002-03-07 / 제6663호 / 시행 2002-03-07
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

70. 공직선거및선거부정방지법

2002-01-26 / 제6626호 / 시행 2002-07-01
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

71. 공직선거및선거부정방지법

2001-10-08 / 제6518호 / 시행 2001-10-08
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

72. 공직선거및선거부정방지법

2001-07-24 / 제6497호 / 시행 2001-07-24
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

73. 공직선거및선거부정방지법

2001-01-26 / 제6388호 / 시행 2001-04-27
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

74. 공직선거및선거부정방지법

2000-02-16 / 제6265호 / 시행 2000-02-16
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

75. 공직선거및선거부정방지법

1998-04-30 / 제5537호 / 시행 1998-04-30
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

76. 공직선거및선거부정방지법

1998-02-06 / 제5508호 / 시행 1998-02-06
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

77. 공직선거및선거부정방지법

1998-01-13 / 제5499호 / 시행 1998-04-01
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

78. 공직선거및선거부정방지법

1997-11-14 / 제5412호 / 시행 1997-11-14
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

79. 공직선거및선거부정방지법

1997-01-13 / 제5262호 / 시행 1997-01-13
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

80. 공직선거및선거부정방지법

1996-02-06 / 제5149호 / 시행 1996-02-06
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

81. 공직선거및선거부정방지법

1995-12-30 / 제5127호 / 시행 1995-12-30
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

82. 공직선거및선거부정방지법

1995-08-04 / 제4957호 / 시행 1995-08-04
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

83. 공직선거및선거부정방지법

1995-05-10 / 제4949호 / 시행 1995-05-10
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

84. 공직선거및선거부정방지법

1995-04-01 / 제4947호 / 시행 1995-04-01
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

85. 공직선거및선거부정방지법

1994-12-22 / 제4796호 / 시행 1995-01-01
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES

86. 공직선거및선거부정방지법

1994-03-16 / 제4739호 / 시행 1994-03-16
ACT ON THE ELECTION OF PUBLIC OFFICIALS AND THE PREVENTION OF ELECTION MALPRACTICES