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Election Commission Act


Published: 2010-05-17

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 Article 1 (Purpose)   print
The purpose of this Act is to provide for the organization and duties of the election commissions which supervise the fair management of election and referendum and the affairs related to political parties.
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 Article 2 (Establishment)   print
(1) The classification of the election commissions and the fixed number of members of each commission shall be as follows: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005>
1. The National Election Commission shall be composed of nine members;
2. The Special Metropolitan City/Metropolitan City/Do election commission shall be composed of nine members;
3. A Gu/Si/Gun election commission shall be composed of nine members;
4. An Eup/Myeon/Dong election commission shall be composed of seven members.
(2) The Special Metropolitan City/Metropolitan City/Do election commission (hereinafter referred to as "City/Do election commission"), Gu/Si/Gun election commission and Eup/Myeon/Dong election commission shall be correspondingly established in the Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as "City/Do"), Gus/Sis (excluding cities in which Gus are established) and Guns, and Eups/Myeons(referring to an administrative district under Article 4-2 (3) of the Local Autonomy Act; hereinafter the same shall apply)/Dongs (referring to an administrative district under Article 4-2 (4) of the Local Autonomy Act; hereinafter the same shall apply): Provided, That two or more Gu/Si/Gun election commissions may be established in one Gu/Si/Gun in consideration of the population, voting districts, traffic and other circumstances as prescribed by the National Election Commission Regulations. <Amended by Act No. 4739, Mar. 16, 1994; Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005; Act No. 9577, Apr. 1, 2009>
(3) The territorial jurisdiction of a City/Do election commission, a Gu/ Si/Gun election commission and an Eup/Myeon/Dong election commission shall be limited to the respective administrative districts: Provided, That where two or more Gu/Si/Gun election commissions are established in one Gu/Si/Gun under the proviso to paragraph (2), the territorial jurisdiction of each commission shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7681, Aug. 4, 2005>
(4) The names of City/Do election commissions, Gu/Si/Gun election commissions and Eup/Myeon/Dong election commissions shall be indicated with the names of the respective administrative districts: Provided, That where two or more Gu/Si/Gun election commissions are established in one Gu/Si/Gun, they shall be indicated as A, B, C, etc. following the names of the respective administrative districts concerned. <Amended by Act No. 7681, Aug. 4, 2005>
(5) An office of a City/Do election commission or a Gu/Si/Gun election commission shall be located in the administrative district under the jurisdiction of each commission, and that of an Eup/Myeon/Dong election commission shall be located in the seat of the relevant Eup/Myeon/ Dong office. In such cases, an office of a City/Do election commission or a Gu/Si/Gun election commission may be located in the outside of the administrative district under its jurisdiction if there are special grounds such as a joint use of office with other election commissions. <Amended by Act No. 7681, Aug. 4, 2005>
(6) Where two or more Gu/Si/Gun election commissions exist in a single voting district, or a single voting district extends over the jurisdictional areas of two or more Gu/Si/Gun election commissions in various elections (excluding an election in which the whole country or City/Do is a voting district; hereafter the same shall apply in this paragraph), the National Election Commission shall designate a Gu/Si/Gun election commission which shall attend to the election affairs of the voting district concerned. In this case, the Gu/Si/Gun election commission which shall attend to the election affairs of the voting district shall be the one immediately superior to the other Gu/Si/Gun election commissions in the same voting district as the election concerned.
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 Article 3 (Duties of Commissions)   print
(1) An election commission shall attend to the following affairs as prescribed by Acts and subordinate statutes:
1. Affairs concerning elections of the State and local governments;
2. Affairs concerning referendums;
3. Affairs concerning political parties;
4. Affairs concerning a public organization's election which is managed by an election commission prescribed in this Act as prescribed by Acts and subordinate statutes (hereinafter referred to as an "entrusted election"), except for the election as provided in subparagraph 1; and
5. Other affairs as prescribed by other Acts and subordinate statutes.
(2) The election commission shall ensure fairness in managing an election or referendum and attending to the affairs concerning political parties by faithfully observing the Acts and subordinate statutes.
(3) The National Election Commission shall control and supervise the affairs as provided in paragraph (1), and each election commission shall direct and supervise a lower election commission in attending to the affairs as provided in paragraph (1).
(4) If the schedule of an election or referendum as provided in paragraph (1) 1 and 2 and that of an entrusted election overlap, the election commission may reschedule the entrusted election in consultation with the public organization concerned or have the public organization concerned manage it on its own as determined by the National Election Commission Regulations.
(5) Matters necessary for the procedure for entrusting an election and other matters necessary for the management thereof shall be determined by the National Election Commission Regulations.
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 Article 4 (Appointment and Commission of Members)   print
(1) The National Election Commission shall be composed of three members appointed by the President, three members elected by the National Assembly, and three members nominated by the Chief Justice of the Supreme Court. In this case, the members shall be so appointed, elected, and nominated after going through the confirmation hearing of the National Assembly. <Amended by Act No. 7614, Jul. 28, 2005>
(2) A City/Do election commission shall be composed of members recommended by a political party which constitutes a negotiation group in the National Assembly from among those who have a right to elect members of the National Assembly and are not members of any political party, three members, including two judges, recommended by the head of the district court having jurisdiction over the area concerned, and three members commission by National Election Commission from among educators or persons of learning and high moral repute. <Amended by Act No. 4088, Mar. 25, 1989>
(3) A Gu/Si/Gun election commission shall be composed of members recommended by a political party constituting a negotiation group in the National Assembly from among those who reside in the corresponding district, who have a right to elect a member of the National Assembly, and who are not members of any political party, and six members commissioned by the City/Do election commission from among judges, educators or persons of learning and high moral repute: Provided, That the members recommended by the political party may be commissioned by the Gu/Si/Gun election commission concerned after the beginning date of an election period (excluding an entrusted election; hereinafter the same shall apply) or the pronouncement date of a referendum. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4739, Mar. 16, 1994>
(4) An Eup/Myeon/Dong election commission shall be composed of members recommended by a political party constituting a negotiation group in the National Assembly from among those who reside in the Eup/Myeon/Dong concerned, who have the right to elect a National Assembly member, and who are not member of any political party, and four members commissioned by the Gu/Si/Gun election commission from among persons of learning and high moral repute: Provided, That where no one but military servicemen have a voting right in the Eup/Myeon concerned, the members of the Eup/Myeon/Dong election commission may be commissioned from among the persons who reside in the Gu/Si/Gun having jurisdiction over the Eup/Myeon/Dong concerned and who have the right to elect a member of the National Assembly. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4796, Dec. 22, 1994; Act No. 7681, Aug. 4, 2005>
(5) Judges, court officials and public officials in educational service who are to be the members of a Gu/Si/Gun election commission and an Eup/ Myeon/Dong election commission shall not be subject to the residential requirement, and judges shall be commissioned on a preferential basis. <Amended by Act No. 7681, Aug. 4, 2005>
(6) A public official other than a judge, court official and public official in educational service shall not be a member of each election commission.
(7) As to the members recommended by a political party as provided for in paragraphs (2) through (4) (hereinafter referred to as a "party-recommended member"), each political party constituting a negotiation group in the National Assembly (where one party constitutes one negotiation group; hereinafter the same shall apply) shall recommend one candidate in writing. In this case, if the number of political parties constituting a negotiation group in the National Assembly is more or less than three and the prescribed number of members as provided for in Article 2 (1) 2 through 4 is excessive or short, the actual number of members shall be regarded as the prescribed number of members. <Amended by Act No. 4088, Mar. 25, 1989>
(8) The division of the party concerned shall submit the written recommendation of a party-recommended member as provided in paragraph (7) along with the documents certifying that he is not a member of the political party recommending him, his letter of acceptance, and a copy of his resident registration: Provided, That whether the person has the right to vote for a member of the National Assembly may be investigated after the commission as prescribed by the National Election Commission Regulations. In this case, the term "division of party" means the central party and City/Do parties as provided for in Article 3 of the Political Parties Act, and where there is no division of a party to submit the recommendation, a division superior thereto shall do so. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 7190, Mar. 12, 2004>
(9) Where there is a vacancy in the party-recommended members, the election commission concerned shall notify the division of the party concerned as provided in paragraph (8).
(10) Where a change occurs in the political party constituting a negotiation group as provided in paragraph (7), the Speaker of the National Assembly shall notify the National Election Commission thereof, and the National Election Commission shall immediately notify the political party concerned and the lower election commissions. <Amended by Act No. 4088, Mar. 25, 1989>
(11) Where a political party which has recommended a member as provided for in paragraph (7) becomes unable to constitute a negotiation group and another party becomes able to constitute a new negotiation group, the member recommended by the former shall hold office until a person recommended by the latter is commissioned to become a member. <Amended by Act No. 4088, Mar. 25, 1989>
(12) A Gu/Si/Gun election commission, upon receiving a written recommendation of a party-recommended member of the Gu/Si/Gun election commission concerned or an Eup/Myeon/Dong election commission after the beginning date of an election period or the pronouncement date of a referendum, shall commission the person within 24 hours as provided in the proviso of paragraph (3), and if the person is not commissioned within 24 hours, the chairman of the Gu/Si/Gun election commission shall commission him and report the fact thereof to a higher election commission, respectively: Provided, That if a member is to be replaced before the voting day or the beginning date of ballot-counting, the political party concerned shall make a substitute recommendation at least two days before the voting day or the beginning date of ballot-counting and no member shall be replaced on the voting day or during the ballot-counting period. <Amended by Act No. 4739, Mar. 16, 1994; Act No. 7681, Aug. 4, 2005>
(13) Where a Gu/Si/Gun election commission establishes two or more ballot-counting places under Article 173 (2) of Act on the Election of Public Officials and the Prevention of Election Malpractices, the Gu/Si/Gun election commission shall appoint three or less persons who are recommended for each ballot-counting place by each political party constituting a negotiation group in the National Assembly as of the beginning date of election period as members to assist the ballot-counting affairs of the said Gu/Si/Gun election commission. In this case, the provisions of Article 13 shall apply mutatis mutandis to the status guarantee of party-recommended assistant members, and the service period, actual expense compensation, appointment procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Newly Inserted by Act No. 4739, Mar. 16, 1994; Act No. 6265, Feb. 16, 2000>
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 Article 5 (Chairperson)   print
(1) Each election commission shall have a chairperson.
(2) The chairperson of each election commission shall be elected from among the members of the election commission concerned.
(3) The chairperson shall represent the commission and supervise the affairs thereof.
(4) Each Gu/Si/Gun election commission and Eup/Myeon/Dong election commission shall have a vice chairperson, who shall be elected from among the members of each commission: Provided, That a Gu/Si/Gun election commission may, notwithstanding the fixed number of members under Article 4 (3), appoint a judge who is recommended for each ballot-counting place by the head of a district court or its branch court as a vice chairperson of the said Gu/Si/Gun election commission, for the management of an election where one Gu/Si/Gun election commission has established two or more ballot-counting places under Article 173 (2) of the Public Official Election Act. In such cases, the service period, actual expense compensation, appointment procedure, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>
(5) If the chairperson is absent due to any accident, the standing member or the vice chairperson shall act on his/her behalf, and if the chairperson, standing member and vice chairperson are all absent due to any accident, an acting chairperson shall be elected from among the members to act on the behalf of the chairperson.
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 Article 6 (Standing Members)   print
(1) The National Election Commission and each City/Do election commission shall have one standing member each, in order to assist the chairperson and, by order thereof, supervise the affairs of the Secretariat under the jurisdiction of the relevant commission. <Amended by Act No. 4496, Nov. 11, 1992; Act No. 9972, Jan. 25, 2010>
(2) Any standing member of the National Election Commission shall be elected from among its members.
(3) Any standing member of a City/Do election commission shall be nominated by the National Election Commission from among the members of the commission concerned who fall under any of the following subparagraphs and who have appropriate knowledge and experience in elections and affairs of political parties, and the upper age limit of service for the standing member shall be 60 years of age: <Amended by Act No. 5625, Dec. 31, 1998>
1. A person who has served as a judge, public prosecutor, or attorney-at-law for five or more years;
2. A person who has served as an associate professor or above in the fields of public administration, political science, or the science of law at a college or university for five or more years;
3. A person who has served as a public official of Grade Ⅲ or above for two or more years.
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 Article 7 (Full-Time Service of Party-Recommended Members)   print
Any party-recommended member of a Gu/Si/Gun election commission may serve full-time from the beginning day of an election period or the pronouncement date of a referendum to the completion of ballotcounting. <Amended by Act No. 4739, Mar. 16, 1994>
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 Article 8 (Members’ Term of Office)   print
The term of office for members of each election commission shall be six years.
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 Article 9 (Grounds for Dismissal of Members)   print
A member of each election commission shall not be dismissed, decommissioned or removed unless he/she falls under any of the following subparagraphs: <Amended by Act No. 4088, Mar. 25, 1989; Act No. 5454, Dec. 13, 1997>
1. Where he/she joins a political party or participates in politics;
2. Where he/she is released from his/her office by impeachment;
3. Where he/she is sentenced to imprisonment without prison labor or more severe punishment;
4. Where he/she, as a party-recommended member, is demanded by the political party which has recommended him/her, the party which has made a recommendation becomes unable to constitute a negotiation group in the National Assembly, or he/she is found to have no right to vote for a member of the National Assembly;
5. Where he/she, as the standing member of a City/Do election commission, falls under any subparagraph of Article 33 of the State Public Officials Act or reaches the upper age limit of service for a standing member.
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 Article 10 (Quorum of Commissions)   print
(1) Each election commission shall open with attendance of a majority of all the members and make a decision by approval of a majority of the members present.
(2) The chairperson shall have a vote and, in case of a tie on votes, have a casting vote.
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 Article 11 (Convocation of Meetings)   print
(1) A meeting of each election commission shall be convened by the chairperson: Provided, That when a third or more of the members request it, the chairperson shall convene a meeting, and if the chairperson refuses to convene a meeting, a third or more of the members requesting it may directly convene a meeting.
(2) With respect to the convocation of the first meeting of the commission newly composed due to an amendment of the Acts and subordinate statutes, or the expiration of the members' term of office, the Secretary General, Cheif of the Secretariat, the director of the executive office, the section chief, and the commissioned secretary shall each act on behalf of the chairperson with regard to his/her affairs. <Amended by Act No. 9972, Jan. 25, 2010>
(3) Where both the chairperson and vice chairperson of a Gu/Si/Gun election commission or an Eup/Myeon/Dong election commission are absent due to a vacancy or an accident, the director of the executive office, the section chief or the commissioned secretary shall convene a meeting as proxy to elect the chairperson, vice-chairperson or acting chairperson from among the members. <Amended by Act No. 4496, Nov. 11, 1992; Act No. 7681, Aug. 4, 2005>
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 Article 12 (Treatment of Members)   print
(1) Members of each election commission, except the standing post, shall serve without pay: Provided, That they may be paid a daily allowance, travel expenses and other compensation for actual expenses.
(2) A standing member of the National Election Commission shall be in political service with remuneration equivalent to that of a member of the State Council, and a standing member of the City/Do election commission shall be in extraordinary service with remuneration equivalent to that of a public official of Grade I. <Amended by Act No. 6622, Jan. 19, 2002>
(3) Matters necessary for daily allowances, travel expenses and other compensations for actual expenses for the members and commissioned members of each election commission shall be prescribed by the National Election Commission Regulations.
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 Article 13 (Status Guarantee of Members)   print
No member of each election commission shall be arrested or detained unless he is flagrante delicto, and he shall be granted a postponement of the call for military service during the period from the record date of the electoral registry or the pronouncement date of a referendum to the completion of ballot-counting, unless he commits a crime related to internal rebellion, invasion of foreign enemies, diplomatic relations, explosives, arson, narcotics, currency, securities, stamps, seals, murder, violence, arrest, detention, theft, robbery, or infringement of the National Security Act. <Amended by Act No. 4739, Mar. 16, 1994>
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 Article 14 (Guidance of Elections)   print
(1) Each election commission shall regularly enlighten the electorate for the enhancement of their consciousness as sovereigns. <Amended by Act No. 7681, Aug. 4, 2005>
(2) When an election or referendum is held, each election commission shall provide the guidance necessary for the voting method, the prevention of abstention from voting, and other matters related to the election or referendum through documents, books, pictures, facilities, newspapers, broadcast, etc., under its supervision. <Amended by Act No. 7681, Aug. 4, 2005>
(3) The National Election Commission may entrust an organization deemed proper with the business of regular guidance as provided in paragraph (1).
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 Article 14-2 (Suspension of and Warning against Violations of Election Laws)   print
Members or staff of each election commission, upon discovering a violation of election laws in the course of their duties, shall halt the violation, issue a warning or correction order, and may request an investigation to the competent investigation authorities or bring a formal charge if the violation is deemed significantly detrimental to the impartiality of election or an order of suspension, warning, or correction is not complied with.
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
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 Article 15 (Executive Organs)   print
(1) The Secretariat shall be established in the National Election Commission.
(2) The Secretariat shall have a secretary-general and a deputy secretarygeneral.
(3) The secretary-general shall be in charge of the affairs of the Secretariat under the supervision of the chairman, and direct and supervise public officials under his jurisdiction.
(4) The secretary-general shall be appointed as a public official in political service, and his remuneration shall be the same amount as that of a member of the State Council. <Amended by Act No. 4496, Nov. 11, 1992>
(5) The deputy secretary-general shall assist the secretary-general, and shall act for the secretary-general when the secretary-general is absent due to an accident.
(6) The deputy secretary-general shall be appointed as a public official in political service, and his remuneration shall be the same amount as that of a vice minister. <Amended by Act No. 4496, Nov. 11, 1992>
(7) The Secretariat shall have the office, bureau and section, and the office shall have the head of office, the bureau shall have the head of bureau, and the section shall have the head of section: Provided, That the title of office head and that of bureau head may be otherwise provided, such as the headquarters head, the group head, the bureau head, or the team head, etc. (hereinafter referred to as the "headquarters head, etc.") under the provisions of the National election Commission Regulations. In this case, the headquarters head, etc. whose title has been otherwise provided shall be deemed to be the head of office or the head of bureau in the application of this Act. <Amended by Act No. 7574, May 31, 2005>
(8) The assistant who assist the planning for policies, the formulation of planning, the research, investigation, deliberation, evaluation and publication duties, etc. may be placed under the secretary-general, the deputy secretary-general, the head of office, or the head of bureau. <Amended by Act No. 7574, May 31, 2005>
(9) The head of office shall be appointed as a state public official in general service of Grade I, the head of bureau shall be appointed as a state public official in general service of Grade Ⅱ or Ⅲ, the assistant shall be appointed as a state public official in general service of Grade Ⅱ through Ⅳ, and the head of section shall be appointed as a state public official in general service of Grade Ⅲ or Ⅳ: Provided, That one person among the assistants may be appointed as a state public official in special service equivalent to Grade Ⅲ or Ⅳ. <Newly Inserted by Act No. 7574, May 31, 2005>
(10) A City/Do election commission shall have the Secretariat and necessary sections, and the Chief of the Secretariat shall be appointed as a state public official in general service of Grade Ⅱ or Ⅲ, and a section chief shall be appointed as a state public official in general service of Grade Ⅳ or Ⅴ. <Amended by Act No. 9972, Jan. 25, 2010>
(11) A Gu/Si/Gun election commission shall have an executive office or clerical section, and the director of the executive office shall be appointed as a state public official in general service of Grade Ⅳ, and the chief of the clerical section shall be appointed as a state public official in general service of Grade Ⅳ or Ⅴ. <Amended by Act No. 4088, Mar. 25, 1989; Act No. 4496, Nov. 11, 1992>
(12) The appointment and dismissal of a Grade Ⅴ or above public official shall be decided by the National Election Commission and enforced by the Chairperson of the National Election Commission, and the appointment and dismissal of a Grade Ⅵ or below public official or technical official shall be enforced by the Secretary-General.
(13) The organization to be established in each election commission, scope of the duties and the prescribed number of public officials and other necessary matters shall be determined by the National Election Commission Regulations. <Amended by Act No. 7574, May 31, 2005>
(14) Unless otherwise prescribed by this Act, the provisions concerning public officials belonging to the Executive under the State Public Officials Act shall apply to the public officials belonging to each election commission. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005>
(15) Where it is necessary for performing the affairs concerning an election and referendum, each election commission may request a government agency or local government to dispatch its officials for assistance. <Newly Inserted by Act No. 4224, Apr. 7, 1990>
(16) The chairperson of each election commission may commission a few persons each as secretaries, clerks and election affair assistants, from among public officials in charge of election affairs after consultation with the heads of the administrative agencies to which they belong.
(17) The Chief of the Secretariat as provided for in paragraph (10), the director of the executive office or the chief of the clerical section as provided for in paragraph (11), and the commissioned secretary as provided for in paragraph (16) shall be in charge of the affairs under his/her authority and shall direct and supervise the subordinate staff and personnel under the order of the chairperson concerned. <Amended by Act No. 4224, Apr. 7, 1990; Act No. 4496, Nov. 11, 1992; Act No. 7681, Aug. 4, 2005; Act No. 9972, Jan. 25, 2010>
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 Article 15-2 (Election Training Institute)   print
(1) An Election Training Institute may be established in the Secretariat for the purpose of teaching public officials about election and political party affairs and training persons related to elections or political parties.
(2) The Election Training Institute shall have a president, who shall be appointed as a Grade II or III state public official in general service.
(3) Matters necessary for the organization and operation of the Election Training Institute shall be prescribed by the National Election Commission Regulations.
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
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 Article 15-3 (Appointment, etc. of Public Officials)   print
(1) An appointment examination, promotion examination, or other examinations for public officials belonging to each election commission shall be conducted by the Secretary-General under the State Public Official Act, but such examinations may be totally or partially entrusted to the Minister of Government Administration. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7681, Aug. 4, 2005>
(2) Where a public official belonging to the National Assembly, the Court, or the Executive is to be appointed, the appointment shall be made through an examination: Provided, That if the qualification requirements for appointment or the minimum service years required for promotion and subjects for examinations are the same for a corresponding position, such examination may be totally or partially exempted.
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
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 Article 16 (Instructions and Requests for Cooperation concerning Election Affairs, etc.)   print
(1) Each election commission may give the relevant administrative agency instructions necessary for election and referendum affairs, such as preparing an electoral registry.
(2) Where the support, etc. of personnel or equipment is needed, each election commission may issue an instruction or request for cooperation to an administrative agency, and a request for cooperation to a public organization and bank as provided for in Article 2 of the Banking Act (limited to where a person is commissioned to serve as a ballot counter). <Amended by Act No. 4496, Nov. 11, 1992; Act No. 5499, Jan. 13, 1998; Act No. 7681, Aug. 4, 2005; Act No. 10303, May 17, 2010>
(3) An administrative agency or public organization, upon receiving an instruction or request for cooperation as provided in paragraphs (1) and (2), shall preferentially comply therewith. <Amended by Act No. 4496, Nov. 11, 1992>
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 Article 17 (Expression of Opinion on Acts and Subordinate Statutes)   print
(1) An administrative agency, when wishing to enact, amend or repeal the Acts and subordinate statutes relating to an election (including an entrusted one. Hereinafter, the same shall apply), referendum and political party, shall send the bills to the National Election Commission in advance and ask for its opinion thereon. <Amended by Act No. 4496, Nov. 11, 1992>
(2) The National Election Commission, if it deems it necessary to enact or amend Acts relating to an election, referendum, or political party, may present its opinion in writing to the National Assembly. <Newly Inserted by Act No. 4496, Nov. 11, 1992>
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 Article 18 (Expenses of National Election Commission)   print
(1) The expenses of the National Election Commission shall be independently appropriated in the national budget.
(2) The expenses as provided in paragraph (1) shall include the reserve fund.
(3) The reserve fund of the National Election Commission shall be disbursed by the resolution of the National Election Commission.
[This Article Newly Inserted by Act No. 4224, Apr. 7, 1990]
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 Article 19 (Bearing Expenses)   print
(1) The following expenses incurred in the duties of the election commission shall be borne by the State, and disbursed to the National Election Commission so that the Commission experiences no difficulty in carrying out its affairs: <Amended by Act No. 4739, Mar. 16, 1994>
1. Expenses incurred in the operation of the election commission and for research on the election, referendum, political party and political funds system;
2. Expenses incurred in preparing, holding, sorting out data of the results of, guiding, promoting, and controlling a referendum;
3. Expenses incurred in a lawsuit against a referendum and expenses to be borne as a result of a lawsuit;
4. Expenses incurred in affairs concerning political parties and support of them;
5. Expenses incurred in training and education on fair elections.
(2) The following expenses incurred in an entrusted election shall be borne by the public organization concerned and deposited with the election commission concerned by one day before the pronouncement date of the election at the latest so that the commission has no difficulty in holding the election: <Amended by Act No. 4739, Mar. 16, 1994; Act No. 9972, Jan. 25, 2010>
1. Expenses incurred in preparing and holding the entrusted election;
2. Expenses incurred in guiding and promoting the entrusted election;
3. Expenses incurred in a lawsuit concerning the entrusted election;
4. Expenses to be borne as a result of a lawsuit concerning the entrusted election;
5. Expenses incurred in sorting out data concerning the results of the entrusted election;
6. Expenses incurred in cracking down on and investigating the crimes with regard to the entrusted election.
(3) The money due or deposit money as provided for in paragraph (2) shall not be subject to a disposition for arrears or compulsory execution, and matters necessary for the criteria for calculation, procedure for and method of payment or deposit, execution, inspection, or return of such expenses shall be prescribed by the National Election Commission Regulations.
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 Article 19-2 (Payment of Special Bounties)   print
(1) A special bounty may be paid to public officials belonging to an election commission and dispatched or commissioned officials within budgetary limit during a period of various elections and referenda (including a preparatory period).
(2) The special bounty to be paid as provided for in paragraph (1) shall be borne by the State in the case of an election or referendum held by the State, and by the relevant local government in the case of an election to be held by a local government, but the special bounty to be paid to public officials belonging to an election commission superior to the one having jurisdiction over the area of a local government shall be borne by the State.
(3) The special bounty as provided for in paragraphs (1) and (2) shall be paid between three months before the beginning date of the period in which the election can be held and one month after the election, but matters necessary for the object, period, amount, etc. of payment by election type shall be prescribed by the National Election Commission Regulations.
[This Article Newly Inserted by Act No. 4496, Nov. 11, 1992]
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 Article 20 (Enforcement Regulations)   print
Matters necessary for the enforcement of this Act shall be prescribed by the National Election Commission Regulations.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 8 shall enter into force on February 25, 1988.
(2) (Transitional Measures concerning Election Commissions) The election district election commission existing at the time of the enforcement of this Act shall be the Si/Gun/Gu election commission having jurisdiction over the seat concerned pursuant to the provisions of this Act, and shall be regarded as the Si/Gun/Gu election commission that is to carry out the election affairs of the district constituency for the National Assembly members as provided in Article 2 (6).
(3) (Transitional Measures concerning Members) The members of each election commission at the time this Act enters into force shall be regarded as having been commissioned as prescribed by this Act, but the term of their offices shall be subject to the previous provisions. The same shall apply to the term of office of those members who are commissioned until February 24, 1988 after this Act enters into force: Provided, That of those members of a City/Do election commission, election district election commission, and Si/Gun/Gu election commission at the time when this Act enters into force, a member who is nominated or recommended by the fourth or lower political party at the time this Act enters into force shall be regarded as being dismissed on the fifth day from the promulgation of this Act, and of the three largest political parties at the time this Act enters into force, the one which has no party-recommended member shall immediately recommend a succeeding member.
(4) (Recommission of Voting District Members) The members of a voting district election commission shall be immediately recommissioned after this Act enters into force, and the members of the voting district election commission at the time this Act enters into force shall be regarded as being dismissed on the day when a majority of the members of the voting district election commission are commissioned as prescribed by this Act.
(5) (Transitional Measures concerning Enforcement Decree) The Presidential Decree to enforce the Election Commission Act at the time this Act enters into force shall be valid until the National Election Commission Regulations are enacted as prescribed by this Act.
(6) (Relations with Other Acts and Subordinate Statutes) The election district election commission cited in other Acts and subordinate statutes at the time this Act enters into force shall be regarded as the Si/Gun/Gu election commission concerned which attends to the election affairs of the district constituency for the National Assembly members as prescribed by this Act.
ADDENDUM<Act No. 4088, Mar. 25, 1989>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 4224, Apr. 7, 1990>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 4496, Nov. 11, 1992>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The affairs of a clerical organ, the system for their division of work and its prescribed number at the time when this Act enters into force shall be subject to the previous provisions until the regulations are enacted and enforced as prescribed by this Act.
ADDENDA<Act No. 4739, Mar. 16, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 11 Omitted.
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.
ADDENDA<Act No. 4949, May 10, 1995>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDUM<Act No. 5052, Dec. 29, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5499, Jan. 13, 1998>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on April 1, 1998. (Proviso Omitted.)
(2) Omitted.
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 5625, Dec. 31, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6265, Feb. 16, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation, but the amended provisions related to the Broadcasting Act, such as Article 82 (1), shall enter into force on the enforcement date of Act No. 6139 (Broadcasting Act).
[Act No. 6139 (Broadcasting Act), amended on January 12, 2000, shall enter into force on March 13, 2000.]
Articles 2 through 9 Omitted.
ADDENDA<Act No. 6622, Jan. 19, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 7190, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 7574, May 31, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7614, Jul. 28, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 7681, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 12 Omitted.
ADDENDA<Act No. 9577, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 9972, Jan. 25, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.