POLITICAL PARTIES ACT

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POLITICAL PARTIES ACT — 법갈피

Article 23(Joining Political Party) #

(1) Each person desiring to become a member of a party shall apply for membership of the party to a City/Do party or its preparatory committee for party formation using any of the following methods. In such cases, where a person under the age of 18 applies for party membership, he or she shall also submit the consent of his or her legal representative: <Amended on Aug. 11, 2015; Jun. 9, 2020; Jan. 21, 2022>

1. Submission of a written application for membership of the party which has been signed or sealed by the applicant himself or herself;

2. Submission of a written application for membership of the party in electronic form bearing a digital signature referred to in subparagraph 2 of Article 2 of the Digital Signature Act (referring to a digital signature that enables the verification of the signor's real name; hereinafter the same shall apply);

3. Utilization of information and communications networks as set forth in the party constitution and party regulations. In such cases, an applicant’s identity shall be confirmed under relevant statutes or regulations, such as the Act on Promotion of Information and Communications Network Utilization and Information Protection.

(2) When the City/Do party or its preparatory committee for party formation has received a written application for joining the party under paragraph (1), it shall determine whether or not to permit the applicant to join the party upon examination by the party member qualifications examination committee, and enter the applicant's name on the roster of party members. Then the representative of the City/Do party or its preparatory committee for party formation shall issue a certificate for the party member if so requested by the person who becomes a party member. In such cases, the applicant's accession to membership of the party shall arise at the time the applicant's name is entered on the roster of party member. <Amended on Aug. 11, 2015>

(3) Where the City/Do party or its preparatory committee for party formation refuses to accept a written application for party membership or delays an examination for joining the party without lawful justification, or refuses to permit an applicant to join the party, the applicant may submit the written application for membership to the Central Party or its preparatory committee for party formation, and when the Central Party or its preparatory committee for party formation acknowledged that it is reasonable to grant a permission to join the party after examining whether or not to permit membership in the party, it shall order the relevant City/Do party or its the City/Do party or its preparatory committee for party formation to enter the applicant's name on the roster of party members. In such cases, the effect of joining the party shall occur when the written application for membership was received by the Central Party or its preparatory committee for party formation.

(4) A person whose name has not been entered on a roster of party members shall not be recognized as a member of that party.

Article 30(Restriction on Number of Salaried Clerical Staff of Political Parties) #

(1) The number of salaried clerical staff members to be employed by a political party shall not exceed 100 in cases of the Central Party, and shall be determined by the Central Party in cases of City/Do parties within 100 for each City/Do party. <Amended on Jan. 25, 2010>

(2) Where a political party has employed salaried clerical staff in excess of the number provided for in paragraph (1), the National Election Commission shall reduce the amount obtained by multiplying the average annual personnel expenses of salaried clerical staff of the relevant party by the number of excess salaried clerical staff, from the subsidies to be paid in the next fiscal year under Article 25 (4) of the Political Fund Act. <Amended on Feb. 29, 2008>

(3) "Salaried clerical staff" in paragraph (1) means persons who provide services, under employment of the political parties, for 15 days or more per month, notwithstanding permanent services or part time services, and receive compensation therefor in whatever form, whether as wages, salary, allowances, activity expenses, or any others. In such cases, if two or more persons have provided services and are paid considerations (excluding day laborers, employees of service companies, etc. who have temporarily provided casual labor, such as cleaning, moving, etc.) for less than 15 days per month, one person shall be added to the number of salaried clerical staff whenever the sum of working days of the aforementioned persons amounts to 30 days as it exceeds 15 days or more per month. <Amended on Jan. 25, 2010>

(4) Notwithstanding paragraph (3), any person falling under any of the following subparagraphs shall not be included in the number of salaried clerical staff under paragraph (1): <Amended on Jan. 25, 2010>

1. Researchers at Policy Research Institutes under Article 38;

2. Executive members of a political party who are only reimbursed activity expenses incurred in carrying out their duties with no payment of considerations for labor.

POLITICAL PARTIES ACT

Article 1(Purpose) #

Article 2(Definition) #

Article 3(Composition) #

Article 4(Establishment) #

Article 5(Preparatory Committee for Party Formation) #

Article 6(Promoters) #

Article 7(Notification) #

Article 8(Scope of Activity of Preparatory Committee for Central Party Formation) #

Article 9(Approval for Formation of City/Do Party) #

Article 10(Opening to Public of Meeting for Formation of Political Party) #

Article 11(Application for Registration) #

Article 12(Matters regarding Application for Registration of Central Party) #

Article 13(Matters regarding Application for Registration of City/Do Party) #

Article 14(Registration of Modifications) #

Article 15(Examination of Application for Registration) #

Article 16(Registration, Delivery of Certificate for Registration, and Public Notice) #

Article 17(Statutory Number of City/Do Parties) #

Article 18(Legal Numbers of Members of City/Do Parties) #

Article 19(Merger of Political Parties) #

Article 20(Application for Registration of Party Merger) #

Article 21(Party Members involved in Party Merger) #

Article 22(Qualifications of Party Members and Promoters) #

Article 23(Joining Political Party) #

Article 24(Roster of Party Members) #

Article 25(Secession from Party) #

Article 26(List of Those Who Have Seceded from Party) #

Article 27(Handing over of Roster of Party Members) #

Article 27-2(Storing and Discarding Written Applications for Membership or Written Reports of Secession from Party) #

Article 28(Disclosure of Platform and Entry of Matters in Party Constitution) #

Article 29(Organizations of Political Party) #

Article 30(Restriction on Number of Salaried Clerical Staff of Political Parties) #

Article 31(Party Membership Fees) #

Article 32(Prohibition of Resolution in Writing) #

Article 33(Expulsion of National Assembly Members Belonging to Political Party) #

Article 34(Finance of Political Party) #

Article 35(Regular Reports) #

Article 36(Demand for Submission of Reports or Data) #

Article 37(Freedom of Activities) #

Article 38(Establishment and Operation of Policy Research Institutes) #

Article 39(Policy Discussion Meeting) #

Article 39-2(Public Service Announcement for Encouraging Policy Voting) #

Article 40(Prohibition of Substitute Political Parties) #

Article 41(Prohibition of Use of Similar Denomination) #

Article 42(Prohibition of Forced Membership) #

Article 43(Obligation to Keep Secrets) #

Article 44(Revocation of Registration) #

Article 45(Voluntary Dissolution) #

Article 46(Revocation of Approval on Formation of City/Do Party) #

Article 47(Public Notification of Dissolution) #

Article 48(Disposal of Residual Assets in Cases of Dissolution) #

Article 48-2(Entrusting Business for Intraparty Competitive Election of Party Representative) #

Article 49(Crimes of Impeding Freedom of Intraparty Competitive Election of Party Representative) #

Article 50(Crimes of Buying-off and Interests-Inducement in Intraparty Competitive Election of Party Representative) #

Article 51(Confiscation of Benefits from Crimes of Buying-off and Interests-Inducement of Intraparty Competitive Election of Party Representative) #

Article 52(Crimes of Public Announcement of Falsehoods about Intraparty Competitive Election of Party Representative) #

Article 53(Crime of Becoming Promoter or Party Member Unlawfully) #

Article 54(Crimes of Compelling to Join Party) #

Article 55(Crimes of Joining Political Party Unlawfully) #

Article 56(Crimes of Forced Perusal of Party Members Roster) #

Article 57(Crime of Failing to Report) #

Article 58(Crime of Divulging Information Learned while on Duty) #

Article 59(Crime of False Application for Registration) #

Article 60(Crime of Neglecting Various Obligations) #

Article 61(Crime of Interference with Formation of Political Party) #

Article 62(Administrative Fines) #