Article 1(Purpose) #
The purpose of this Act is to provide for the organization and duties of election commissions responsible for the fair management of elections and referenda and supervision of the affairs related to political parties.
Article 2(Establishment) #
(1) The types of election commissions and the prescribed number of members of each commission shall be as follows: <Amended on Dec. 13, 1997; Aug. 4, 2005; Aug. 4, 2005>
1. The National Election Commission shall be composed of nine members;
2. A Special Metropolitan City/Metropolitan City/Do Commission shall be composed of nine members;
3. A Si/Gun/Gu election commission shall be composed of nine members;
4. An Eup/Myeon/Dong election commission shall be composed of seven members.
(2) A Special Metropolitan City/Metropolitan City/Do election commission (hereinafter referred to as "City/Do election commission"), Si/Gun/Gu election commission and Eup/Myeon/Dong election commission shall be respectively established in the Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as "City/Do"), Sis/Gus (excluding a Si in which Gus are established) and Guns, and Eups/Myeons (referring to an administrative Myeon under Article 7(3) of the Local Autonomy Act; hereinafter the same shall apply)/Dongs (referring to an administrative Dong under Article 7(4) of the Local Autonomy Act; hereinafter the same shall apply); provided, two or more Si/Gun/Gu election commissions may be established in one Si/Gun/Gu in consideration of the population, the number of voting precincts, traffic, and other circumstances as prescribed by the National Election Commission Regulations. <Amended on Mar. 16, 1994; Dec. 13, 1997; Aug. 4, 2005; Apr. 1, 2009; Jan. 12, 2021>
The jurisdiction of a City/Do election commission, a Si/Gun/Gu election commission, and an Eup/Myeon/Dong election commission shall be limited to each respective administrative district; provided, where two or more Si/Gun/Gu election commissions are established in one Si/Gun/Gu pursuant to the proviso to paragraph (2), the territorial jurisdiction of each commission shall be prescribed by the National Election Commission Regulations. <Amended on Aug. 4, 2005>
(4) City/Do election commissions, Si/Gun/Gu election commissions and Eup/Myeon/Dong election commissions shall be named after the respective administrative districts; provided, where two or more Si/Gun/Gu election commissions are established in one Si/Gun/Gu, they shall be indicated as A, B, C, etc. following the names of the respective administrative districts. <Amended on Aug. 4, 2005>
(5) An office of a City/Do election commission or a Si/Gun/Gu 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 Si/Gun/Gu election commission may be located outside of the administrative district under its jurisdiction if special grounds exist such as a joint use of an office with other election commissions. <Amended on Aug. 4, 2005>
(6) Where two or more Si/Gun/Gu election commissions exist in a single constituency, or a single constituency extends over the jurisdictional areas of two or more Si/Gun/Gu election commissions in various elections (excluding an election in which the whole country or a City/Do is a constituency; hereafter the same shall apply in this paragraph), the National Election Commission shall designate a Si/Gun/Gu election commission which shall attend to the election affairs for the constituency concerned. In this case, the Si/Gun/Gu election commission which shall attend to the election affairs for the constituency shall be the one immediately superior to the other Si/Gun/Gu election commissions in the same constituency for the election concerned.
Article 3(Duties of commissions) #
(1) Each election commission shall attend to the following affairs as prescribed in Acts and subordinate statutes: <Amended on Jun. 11, 2014>
1. Affairs concerning elections of the State and each local government;
2. Affairs concerning referenda;
3. Affairs concerning political parties;
4. Affairs concerning entrusted elections under the Act on Entrusted Election of Public Organizations, Etc. (hereinafter referred to as "entrusted elections");
5. Other affairs as prescribed in other Acts and subordinate statutes.
(2) Each 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 exercise overall control and supervision of the affairs as provided for in paragraph (1), and each election commission shall direct and oversee a lower election commission in attending to the affairs as provided for in paragraph (1).
(4) Deleted. <Jun. 11, 2014>
(5) Deleted. <Jun. 11, 2014>
Article 4(Appointment and commission of members) #
(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, or nominated after going through a confirmation hearing by the National Assembly. <Amended on 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 a member of the National Assembly and are not members of any political party, three members, including two judges, recommended by the chief judge of the district court with jurisdiction over the area concerned, and three members commissioned by the National Election Commission from among educators or persons of knowledge and moral character. <Amended on Mar. 25, 1989>
(3) A Si/Gun/Gu 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 knowledge and moral character; provided, the members recommended by the political party may be commissioned by the Si/Gun/Gu election commission concerned after the commencement of an election period (excluding an entrusted election; hereinafter the same shall apply) or the public announcement of a referendum. <Amended on 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 members of any political party, and four members commissioned by the Si/Gun/Gu election commission from among persons of knowledge and moral character; provided, where no one but military servicemen has 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 Si/Gun/Gu with jurisdiction over the Eup/Myeon/Dong concerned and who have the right to elect a member of the National Assembly. <Amended on Mar. 25, 1989; Dec. 22, 1994; Aug. 4, 2005>
(5) Judges, court officials, and educational public officials who are to be the members of a Si/Gun/Gu election commission and an Eup/ Myeon/Dong election commission shall not be subject to the residential requirements, and judges shall be commissioned on a preferential basis. <Amended on Aug. 4, 2005>
Article 5(Chairperson) #
(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 exercise overall control of its affairs.
(4) Each Si/Gun/Gu election commission and Eup/Myeon/Dong election commission shall have a vice chairperson, who shall be elected by and from among the members of each commission; provided, a Si/Gun/Gu election commission may, notwithstanding the prescribed 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 Si/Gun/Gu election commission, for the management of an election in a case where one Si/Gun/Gu 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 on May 10, 1995; Feb. 16, 2000; Aug. 4, 2005>
(5) If the chairperson is absent due to any accident, the standing member or the vice chairperson shall act on his or 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 behalf of the chairperson.
Article 6(Standing member) #
(1) The National Election Commission and each City/Do election commission shall each have one standing member, who shall assist the chairperson and supervise the affairs of the Secretariat under the jurisdiction of the relevant commission by order from the chairperson. <Amended on Nov. 11, 1992; Act No. 9972, Jan. 25, 2010>
(2) Any standing member of the National Election Commission shall be elected by and 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 of and experience in elections and affairs of political parties, and he or she may serve as a standing member up until the age of 60: <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 higher 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 higher for two or more years.
Article 7(Full-time service of party-recommended members) #
Any party-recommended member of a Si/Gun/Gu election commission may serve full-time from the beginning of an election period or the pronouncement of a referendum to the completion of ballot-counting. <Amended on Mar. 16, 1994>
Article 8(Members’ term of office) #
The term of office for members of each election commission shall be six years; provided, the term of office of the members of each Si/Gun/Gu election commission shall be three years, which may be renewed only once. <Amended by Act No. 13756, Jan. 15, 2016>
Article 9(Grounds for dismissal of members) #
A member of each election commission shall not be dismissed, de-commissioned, or removed unless he or she falls under any of the following cases: <Amended on Mar. 25, 1989; Dec. 13, 1997>
1. Where he or she joins a political party or is involved in politics;
2. Where he or she is released from his or her office by impeachment;
3. Where he or she is sentenced to imprisonment without labor or greater punishment;
4. Where he or she, as a party-recommended member, is demanded by the political party, which has recommended him or her, is no longer able to constitute a negotiation group in the National Assembly, or he or she is found to have no right to vote for a member of the National Assembly;
5. Where he or she, as a standing member of a City/Do election commission, falls under any subparagraph of Article 33 of the State Public Officials Act or reaches the maximum age for service as a standing member.
Article 10(Commission’s quorum) #
(1) A meeting of each election commission shall be commenced with the present of a majority of the members of the meeting, and any resolution thereof shall require the concurring votes of a majority of the members present.
(2) The chairperson shall have a vote and, in the event of a tie, have a casting vote.
Article 11(Convocation of meetings) #
(1) A meeting of each election commission shall be convened by the chairperson; provided, when requested by a third or more of its members, the chairperson shall convene a meeting, and if the chairperson refuses to do so, a third or more of the members who has made the request may convene a meeting on their own.
(2) With respect to the convocation of the first meeting of the commission newly formed due to an amendment of the Acts and subordinate statutes, or the expiration of a member’s term of office, the Secretary General, Chief of the Secretariat, the director of the executive office, the section chief, and the commissioned secretary shall each act on behalf of each relevant chairperson with regard to his or her affairs. <Amended on Jan. 25, 2010>
(3) Where both the chairperson and vice chairperson of a Si/Gun/Gu 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 a chairperson, vice-chairperson, or acting chairperson by and from among the members. <Amended on Nov. 11, 1992; Aug. 4, 2005>
Article 12(Treatment of members) #
(1) Members of each election commission, other than standing members, shall serve in an honorary capacity; provided, that the following expenses may be paid within the budget: <Amended on Jan. 30, 2024>
1. Monthly activity allowances paid to compensate for expenses incurred in collecting materials, conducting research, and carrying out activities for fair elections, etc.; in such cases, the recipients shall be limited to members of the National Election Commission who are not standing members;
2. Allowances paid for the performance of duties;
3. Travel expenses and other actual expenses.
(2) A standing member of the National Election Commission shall be in political service and receive the same remuneration as a member of the State Council, and a standing member of a City/Do election commission who is a public official of Grade I in general service shall be a public official in a fixed term position under Article 26-5 of the State Public Officials Act. <Amended on Jan. 19, 2002; Jan. 15, 2016>
(3) Matters relating to activity allowances, allowances, travel expenses, and other actual expenses for members and commissioned employees of each election commission, other than those provided in this Act, shall be prescribed by National Election Commission Regulations. <Amended on Jan. 30, 2024>
Article 13(Status guarantee for members) #
No member of each election commission shall be arrested or detained unless he or she is a flagrant offender, and he shall be granted a deferment of the call for military service during the period from the base date for preparing the electoral register or the pronouncement of a referendum to the completion of ballot-counting, unless he or she commits a crime related to internal rebellion, foreign invasion, diplomatic relations, explosives, arson, narcotics, currency, securities, stamps, seals, murder, battery, arrest, detention, theft, robbery, or violation of the National Security Act. <Amended on Mar. 16, 1994>
Article 14(Guidance of elections) #
(1) Each election commission shall provide regular guidance to the electorate to enhance their sense of sovereignty. <Amended on Aug. 4, 2005>
(2) When an election or referendum is held, each election commission shall provide the guidance regarding the voting method, the prevention of abstention from voting, and other relevant matters through documents, books, pictures, facilities, newspapers, broadcasting, etc., under its supervision. <Amended on Aug. 4, 2005>
(3) The National Election Commission may entrust an organization deemed appropriate with regular guidance as provided for in paragraph (1).
Article 14-2(Suspension and warning for violations of election laws) #
Where a member or staff of each election commission discovers a violation of an election law in the course of performing his or her duties, he or she shall halt the violation, issue a warning or corrective order, and may request a competent investigation authority to launch an investigation or file a criminal charge if such violation is deemed significantly detrimental to the impartiality of an election or an order of suspension, warning, or correction is not complied with.
[This Article Added on Nov. 11, 1992]
Article 15(Executive organs and other relevant matters) #
(1) The Secretariat shall be established under the National Election Commission.
(2) The Secretariat shall have a Secretary General and a Deputy Secretary General.
(3) The Secretary General shall be in charge of the affairs of the Secretariat under the leadership of the chairperson, and direct and oversee public officials under his or her jurisdiction.
(4) The Secretary General shall be appointed as a public official in political service, and shall receive the same remuneration as a member of the State Council. <Amended on Nov. 11, 1992>
(5) The Deputy Secretary General shall assist the Secretary-General, and shall act on his or her behalf where he or she is absent due to an accident.
(6) The Deputy Secretary General shall be appointed as a public official in political service, and shall receive the same remuneration as a vice minister. <Amended on Nov. 11, 1992>
(7) The Secretariat shall have offices, departments, and divisions, which shall respectively have chief officers, department heads, and division heads; provided, a chief officer and department head may be named otherwise, such as the headquarters’ head, the group’s head, the bureau’s head, the team’s head, etc. (hereinafter referred to as the "headquarters’ head, etc.") as prescribed by the National election Commission Regulations. In this case, the headquarters’s head, etc. whose title has been otherwise provided shall be deemed to be the chief officer or the head of a department in the application of this Act. <Amended on May 31, 2005>
(8) A staff agency may be placed under the Secretary General, the Deputy Secretary General, a chief officer, or the head of a department to assist in policy planning, drafting of plans, research, investigation, review, evaluation, publication relations, etc. <Amended on May 31, 2005>
(9) A chief officer shall be appointed as a Grade I state public official in general service, the head of a department as a Grade II or III state public official in general service, a staff agency as any of Grade II through IV state public officials in general service, and the head of a division as a Grade III or IV state public official in general service; provided, one of the staff agencies may be appointed as a state public official in extraordinary civil service who hold a rank equivalent to Grade III or IV. <Added on May 31, 2005>
(10) A City/Do election commission shall have a secretariat and necessary divisions, and the director general of secretariat shall be appointed as a Grade II or III state public official in general service, and a division chief as a Grade IV or V state public official in general service. <Amended on Jan. 25, 2010>
Article 15-2(Election Training Institute) #
(1) The Election Training Institute may be established under the Secretariat for the purpose of teaching public officials about elections 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 Added on Nov. 11, 1992]
Article 15-3(Hiring of public officials) #
(1) Examination for hiring, promoting, or other purposes shall be conducted for public officials belonging to an election commission by the Secretary General under the State Public Official Act, but such examinations may be totally or partially entrusted to the Minister of Personnel Management. <Amended on Dec. 13, 1997; Aug. 4, 2005; Nov. 19, 2014>
(2) Where a public official belonging to the National Assembly, the Court, or the Executive is to be appointed based upon his or her transfer to an election commission, he or she shall pass a required examination; provided, if the qualification requirements for appointment or the minimum service years required for promotion, and examination subjects are the same for a corresponding position, he or she may be completely or partially exempted from such examination.
[This Article Added on Nov. 11, 1992]
Article 16(Instructions and requests for cooperation concerning election affairs) #
(1) Each election commission may give the relevant administrative agency instructions on election and referendum affairs, such as preparing an electoral register.
(2) Where 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 a bank as provided for in Article 2 of the Banking Act (limited to the cases where a person is commissioned to serve as a ballot counter). <Amended on Nov. 11, 1992; Act No. 5499, Jan. 13, 1998; Aug. 4, 2005; Act No. 10303, May 17, 2010>
(3) An administrative agency or public organization, in receipt of an instruction or request for cooperation as provided for in paragraphs (1) and (2), shall preferentially comply therewith. <Amended on Nov. 11, 1992>
[Title Amended on Nov.11, 1992]
Article 17(Expression of opinion on Acts and subordinate statutes) #
(1) An administrative agency, which intends to enact, amend, or repeal any Act or subordinate statute relating to an election (including an entrusted one; hereinafter, the same shall apply in this Article), referendum and political party, shall send the a bill in question to the National Election Commission in advance and ask for its opinion thereon. <Amended on Nov. 11, 1992>
(2) The National Election Commission may submit its opinion in writing to the National Assembly, if it deems it necessary to enact or amend any of the following Acts: <Added on Nov. 11, 1992; Jan. 15, 2016>
1. Acts relating to election, referendum, or political party;
2. Acts relating to resident referendum and recall of elected officials. In such cases, its opinion shall be limited to the scope of management by election commissions.
Article 18(Expenses of National Election Commission) #
(1) The expenses of the National Election Commission shall be independently appropriated in the national budget.
(2) The expenses provided for in paragraph (1) shall include reserve funds.
(3) The reserve fund of the National Election Commission shall be disbursed by resolution of the Commission.
[This Article Added on Apr. 7, 1990]
[Previous 18 moved to Article 19 <Apr. 7, 1990>]
Article 19(Bearing expenses) #
(1) The following expenses required to perform the duties of an election commission shall be borne by the State, and disbursed to the National Election Commission so that the Commission experiences no difficulty in conducting its affairs: <Amended on Mar. 16, 1994>
1. Expenses incurred in operating of the election commission and performing research on elections, referenda, political parties, and political funds system;
2. Expenses incurred in preparing and holding a referendum, sorting out the results thereof, providing required guidance, promoting and monitoring a referendum;
3. Expenses incurred in a lawsuit associated with a referendum and expenses to be borne as a result of the lawsuit;
4. Expenses incurred in performing affairs concerning political parties and support therefor;
5. Expenses incurred in providing training and education on fair elections.
(2) Deleted. <Jun. 11, 2014>
(3) Deleted. <Jun. 11, 2014>
[Moved from 18; Previous 19 moved to Article 20 <Apr. 7, 1990>]
Article 19-2(Payment of special bounties) #
(1) A special bounty may be paid to public officials belonging to an election commission and dispatched or commissioned officials within budgetary limits during various elections and referenda (including a preparatory period).
(2) The special bounty to be paid under 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 held by a local government; provided, the special bounty for public officials belonging to an election commission superior to the one having jurisdiction over the area under the control 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 of the period in which an election can be held and one month after the election, and the matters necessary for the object, period, amount, etc. of payment by election type shall be prescribed by the National Election Commission Regulations.
[This Article Added on Nov. 11, 1992]
Article 20(Enforcement regulations) #
Matters necessary for the enforcement of this Act shall be prescribed by the National Election Commission Regulations.
[Moved from Article 19 <Apr. 7, 1990>]