Article 49(Application Mutatis Mutandis of the Public Official Election Act) #
(1) Except as provided in this Act, Articles 3 through 8, 8-2 through 8-4, 8-6, 9, 10, 10-2, 10-3, 11, 12, 14, 15, 17 through 19, 30 through 46, 48 through 50, 52, 54 through 57, 58 through 60, 60-2 through 60-4, 61, 62 through 74, 79 through 82, 82-2, 82-4 through 82-7, 85, 86 (excluding the proviso of paragraph (2) 2, paragraph (2) 3 and the proviso of paragraph (6)), 87 through 108, 108-2, 109 through 122, 122-2, 135 (excluding the proviso of paragraph (1)), 135-2, 146, 146-2, 147 through 149, 149-2, 151 through 159, 161 through 166, 166-2, 167 through 186, 191 through 206, 211 through 217, 219 through 262, 262-2, 262-3, 263 through 265, 265-2, 266 through 270, 270-2, 271, 271-2, 272, 272-2, 272-3, 273 through 277, 277-2, 278, and 279 of the Public Official Election Act concerning Mayors/Do Governors and Mayor/Do Governor elections shall apply mutatis mutandis to the superintendent of education elections. In such cases, the provisions on independent candidates shall apply mutatis mutandis if any conflict exists between the provisions applicable to party-recommended candidates and independent candidates.
(2) Where the penalty provisions (including provisions on administrative fines; hereafter in this paragraph the same shall apply) of the Public Official Election Act apply mutatis mutandis to superintendent of education elections, with respect to the provisions of the Public Official Election Act other than the penalty provisions not applicable mutatis mutandis under this Act, the penalties shall not apply mutatis mutandis.
(3) Where the Public Official Election Act applies mutatis mutandis under paragraph (1), the following shall apply: <Amended on Mar. 23, 2021; Apr. 20, 2022>
1. “Evidentiary documents” in Article 49 (4) 5 of the Public Official Election Act shall be deemed “evidentiary documents and evidentiary documents relating to career experience under Article 24 (2) of the Local Education Autonomy Act”;
2. “Candidate is found to have registered, in contravention of Article 53 (1) through (3) or (5)” in Article 52 (1) 5 of the Public Official Election Act shall be deemed “relevant person is found to have registered, in contravention of Article 47 (1) of the Local Education Autonomy Act”;
3. “Person who is eligible to become a member of a political party (excluding a public official in political service other than members of the National Assembly or local councils)” in the proviso of Article 60 (1) 4 of the Public Official Election Act shall be deemed “ person who is eligible to become a member of a political party (excluding a public official in political service, an assistant, a senior secretary, or chief secretary of a National Assembly member, and a policy research member of a National Assembly negotiation body)”;
4. “Evidentiary documents” in Article 60-2 (2) 2, the former part of paragraph (3), and (4) 1-2 of the Public Official Election Act shall, respectively, be deemed “evidentiary documents and evidentiary documents relating to career experience under Article 24 (2) of the Local Education Autonomy Act”;
5. “Article 53 (1) through (3) or (5)” in Article 60-2 (4) 2 of the Public Official Election Act shall be deemed “Article 47 (1) of the Local Education Autonomy Act”;
6. “Public hygiene business office” in Article 61 (5) of the Public Official Election Act shall be deemed “public hygiene business office, an office of a National Assembly member or local council member, and an office of a supporters' association for a National Assembly member under the Political Funds Act”;
7. “Order of the marks of candidates, which are to be entered in ballot papers under Article 150 (such as the order of priority in listing political parties or candidates on ballot papers)” in Article 65 (9) of the Public Official Election Act shall be deemed “printing order of candidates on ballot papers under Article 48 of the Local Education Autonomy Act”;
8. “Public official (excluding a National Assembly member, his or her assistant, senior secretary, or chief secretary, and a local council member)” in the provisions, with the exception of the subparagraphs, of Article 86 (1) of the Public Official Election Act shall be deemed “public official”;
9. Where Article 111 (1) of the Public Official Election Act applies mutatis mutandis, neither a National Assembly member nor a local council member shall report the performance of his or her duties and parliamentary activities, for whatever reasons, by any means other than posting a report on the parliamentary activities on the Internet during the period of a superintendent of education election;
10. “Awards (excluding any supplementary award; hereafter in this item the same shall apply)” in the main sentence of Article 112 (2) 2 (i) of the Public Official Election Act shall be deemed “awards (excluding any supplementary award, but including granting supplementary awards at events for students, such as the graduation ceremonies of schools of various levels; hereafter in this item the same shall apply)”;
11. Where the relevant provisions of Chapter XIV of the Public Official Election Act apply mutatis mutandis, if a superintendent of education election and a public official election under the Public Official Election Act are held simultaneously in the area under Article 202 (1) of the same Act, the superintendent of education election and the public official election shall be deemed simultaneous elections;
12. “A crime” in Articles 11 (2) and (3), 135-2 (2) and (4), 262-2 (1), 264, 266 (1), 267 (2), the main sentence of Article 268 (1), 272 (1), the former parts of Article 272 (5) and (7), and 273 (1) of the Public Official Election Act includes “a crime provided for in Article 59 of the Local Education Autonomy Act”; and “Article 259” in Article 260 (1) of the Public Official Election Act shall be deemed “Article 259, and Article 59 of the Local Education Autonomy Act”;
13. “An election criminal” in Article 18 (2), the main sentence of Article 269, and Articles 270 and 270-2 (1) of the Public Official Election Act includes “a person who commits a crime provided for in Article 59 of the Local Education Autonomy Act”;
14. “This Act” in the former part of Article 271 (1) and Articles 271-2 (1), 272-2 (5), and 272-3 (1), (2) and (4) of the Public Official Election Act includes “provisions on the superintendent of education elections under the Local Education Autonomy Act”.
[This Article Newly Inserted on Feb. 26, 2010]