Article 261(Imposition and collection of administrative fines) #
(1) Any person who demands a political party or a candidate (including a person who intends to become a candidate) to offer him or her money, goods, other property interest, or a public or private position, in return for conducting an activity specified in Article 231(1)1 shall be subject to an administrative fine not exceeding 50 million won. <Added on Feb. 13, 2014>
(2) Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Added on Feb. 13, 2014; Dec. 24, 2015; Feb. 8, 2017>
1. A person who fails to comply with an order to make corrections or an order to publish a correction under Article 8-8(10) even though he or she was notified of such order;
2. A person who fails to simultaneously publish or report matters specified by guidelines for conducting public opinion polling for elections, in violation of Article 108(6);
3. A person who fails to register matters specified by guidelines for conducting public opinion polling for elections, in violation of Article 108(7). In such cases, where the person fails to register such matters because a person who requested him or her to conduct such public opinion poll has not notified him or her of the scheduled date and time of the publication and reporting of the results thereof, it shall refer to the person who requested such public opinion poll;
4. A person who conducts a public opinion poll, or publishes or reports the results thereof, in violation of Article 108(8).
(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jan. 25, 2010; Feb. 13, 2014; Aug. 13, 2015; Feb. 8, 2017; Apr. 6, 2018; Jan. 18, 2022; Aug. 30, 2023; Dec. 28, 2023>
1. Any person who does not guarantee voting leave, in violation of Article 6-2(2);
2. Any person who sends text messages by means of automatic broadcast communication using telephone numbers other than telephone numbers reported without good cause, in violation of the latter part of subparagraph 2 of Article 59;
3. A person who fails to submit all or part of election campaign bulletins in braille in violation of the proviso of Article 65(4);
3-2. A person who uses or allows others to use a loudspeaker system in excess of the noise limits, in violation of Article 79(8) or the latter part of Article 216(1);
3-3. A person who fails to participate in an interview or debate without good reason, in violation of the latter part, with the exception of the subparagraphs, of Article 82-2(4);
4. A person who fails to indicate matters prescribed by Regulations of the National Election Commission on a deep fake video, etc., in violation of Article 82-8(2);
4-2. A person who uses a video recorder with volume on from 9 p.m. until 11 p.m., in violation of the proviso of Article 102(2).
5. A person who fails to report to the competent deliberative committee on public opinion polls in violation of Article 108(3), conducts a public opinion poll differently as reported, or conducts a non-supplemented public opinion poll, in violation of paragraph (4) of that Article;
(4) Any person who fails to comply with a request for cooperation without good cause, in violation of Article 147(3) (including where the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 147(4) or 173(3)) shall be subject to an administrative fine not exceeding five million won. <Added on Feb. 13, 2014>
(5) Deleted. <Apr. 6, 2018>
(6) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 12, 2004; Aug. 4, 2005; Jan. 25, 2010; Feb. 29, 2012; Feb. 13, 2014; Feb. 8, 2017>
1. A person who violates Articles 70(3), 71(10), 72(3) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 74(2)), 73(1) (limited to contents provided by the election commission having jurisdiction over a constituency) or (2), 272-3(3), or 275;
2. Any person who fails to comply with a demand for accompanying under Article 272-2(4) (including cases where the aforesaid paragraph is applied mutatis mutandis in Article 8-8(11)), who is a flagrant offender or a quasi-flagrant offender under Article 211 of the Criminal Procedure Act;
3. Deleted; <Aug. 30, 2023>
4. Any person who fails to comply with a request made by an election commission in violation of Article 82-4(4); provided, the foregoing shall not apply to a person who fails to comply with requests made two or more times.
(7) Except as provided in this Act, any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Apr. 1, 1995; Apr. 30, 1998; Feb. 16, 2000; Mar. 12, 2004; Aug. 4, 2005; Feb. 29, 2008; Jan. 25, 2010; Jan. 17, 2014; Feb. 13, 2014>
1. Any person who neglects the obligation of a report or submission as prescribed by this Act with respect to the election;
2. Any of the following persons:
a. Any 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 violation of Article 205(3);
b. Any person who fails to specify the details of allocation in a report on the appointment of the election campaign manager, chief of an election campaign liaison office, and election campaign worker, in violation of Article 205(3);
c. Any person who fails to report in writing the details of allocation at the time he or she submits election campaign bulletins, in violation of the latter part of Article 207(3);
d. Deleted; <Jan. 25, 2010>
e. Any person who fails to specify the details of allocation in the advertisement contract, in violation of Article 69(3) and the latter part of Article 82-7(3);
f. Deleted; <Jan. 25, 2010>
g. Any person who fails to comply with a request for cooperation without any justifiable ground, in violation of Article 146-2(3), 147(10) (including where the aforementioned provisions shall apply mutatis mutandis pursuant to Article 148(4)) or 174(3);
h. Any person who violates Article 149(3) or (4);
3. Deleted; <Aug. 4, 2005>
4. Any person who damages or spoils the ballot paper model posted under Article 152(1);
5. Any person who commits a vicarious execution, which is minor, under Article 271(1). In such cases, if an administrative fine is not imposed, the complaint shall be filed against him or her to the competent criminal investigation agency, or request to investigate the matter;
6. Any person who fails to remove promotional materials, etc., in violation of Article 276.
(8) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Feb. 16, 2000; Mar. 7, 2002; Mar. 12, 2004; Aug. 4, 2005; Jan. 3, 2007; Feb. 29, 2008; Feb. 12, 2009; Jan. 25, 2010; Jan. 17, 2014; Feb. 13, 2014; Aug. 13, 2015; Feb. 8, 2017; Jan. 7, 2025>
1. Any person who has been selected as an observer by an election commission or an overseas election commission under the proviso of Article 161(3), or Article 162(4), 181(3), or 218-20(4) but refuses or neglects to serve as an observer without good cause;
1-2. Any person who fails to apply for the registration of alterations at the right time, in violation of Article 8-9(4);
2. Any of the following persons:
a. Any person who installs or posts a sign, tablet, or placard at an election campaign office or election campaign liaison office or aids and abets another person to install or posts a sign, tablet, or placard at such an office, in violation of Article 61(6);
b. Any person who installs or posts a signboard, tablet or placard at a political party's electoral office, or causes another to do so, in violation of Article 61-2(4);
c. Any person who performs, or causes another person to perform, an election campaign without wearing the mark, in violation of Article 63(2);
d. Any person who makes a speech or has an interview without bearing marks on his or her motor vehicle, loudspeaker system, or audio or video recorders, in violation of Article 79(6) or the latter part of Article 79(10);
e. Any person who operates, or causes another person to operate, a motor vehicle or ship without attaching the marks, in violation of Article 91(4);
f. Any person who has been commissioned as polling station staff, polling station staff for early voting, or counting staff under Article 147(9), 148(3), or 174(2), but refuses, abandons, or neglects the performance of his or her duties, without good cause;
2-2. Any of the following persons:
a. Any person who fails to submit the campaign promise collection of preliminary candidate, in violation of Article 60-4(3);
b. Any person who fails to submit the written election promise, in violation of Article 66(6);
3. Any person who posts the notification posters and marks, or fails to remove them without delay upon the completion of a briefing session of his or her parliamentary activities, in violation of Article 111(2);
4. Any of the following persons:
a. Any person who fails to submit a brochure on platform and policies, in violation of Article 138(4);
b. Any person who fails to submit a policy promise collection, in violation of Article 138-2(3);
c. Any person who fails to submit a party organ, in violation of Article 139(3);
d. Any person who fails to remove, without delay, the signs for public announcement of the rally for formation of a political party, in violation of Article 140(4);
e. Any person who holds a party members' rally at a place which is not one referred to in Article 141(2), or who fails to remove, without delay, the signs announcing the party members' rally, in violation of Article 141(4);
f. Deleted; <Mar. 12, 2004>
g. Any person who installs or posts promotional materials, etc. at the headquarters of a political party or the office of a supporters' association, in violation of Article 145;
5. Any person who fails to submit the periodicals, etc. in violation of the provisions of Article 8-3(4) without good cause;
6. Any person who fails to comply with a request for attendance under Article 272-2(4) (including cases where the aforesaid paragraph is applied mutatis mutandis in Article 8-8(11)), without good cause.
(9) Any of the following persons (excluding a person who has been given or provided with money, food, or goods with a value exceeding one million won) shall be subject to an administrative fine of not less than 10 times but nor more than 50 times of the value of the money, food, or goods given or provided (two million won if the person is an officiant), which shall not exceed 30 million won; provided, where a person who falls under subparagraph 1 or 2 has returned the money, food, or goods given or provided (referring to an amount of money equivalent to the value, if it is impossible to return what was given or provided) to the competent election commission and surrender himself or herself to the police, the administrative fine imposed upon him or her may be reduced or discharged, as prescribed by the National Election Commission Regulations: <Added on Mar. 12, 2004; Feb. 29, 2008; Jan. 25, 2010; Jan. 17, 2012; Feb. 29, 2012; Feb. 13, 2014; May 14, 2014>
1. Any person who receives money, goods, food, a book, sight-seeing, or other transportation means in violation of Article 116;
2. Any person who is specified in Article 230(1)7 and receives money, goods, or other benefit from a person specified in Article 230(1)5;
3. Deleted; <Feb. 29, 2008>
4. Deleted; <Feb. 29, 2008>
5. Deleted; <Feb. 29, 2008>
6. Any person to whom a person specified in Article 113 has provided his or her services as an officiant in violation of Article 116.
(10) Administrative fines shall be imposed by the competent election commission (including the deliberative committee on public opinion polls relating to election; hereafter in this Article referred to as "imposing authority") as prescribed by the National Election Commission Regulations. In such cases, if a party (referring to a party under subparagraph 3 of Article 2 of the Act on the Regulation of Violations of Public Order; hereafter in this Article, the same shall apply) subject to the disposition of an administrative fine under paragraphs (1) through (8) is a political party, a candidate (including a preliminary candidate; hereafter in this Article, the same shall apply) or his or her family member, an election campaign manager, the chief of an election campaign liaison office, an election campaign worker, an accountant in charge, an election campaign speechmaker or assistant, the said administrative fine shall be paid to the State or local government by deducting the amount from the election deposit of the relevant candidate under Article 57, and with regard to other persons and the person subject to the disposition of the administrative fine under paragraph (9), the offender shall be made to pay it, and if it is not paid within the payment deadline, the collection thereof shall be entrusted to the chief of the competent tax office, and the said chief shall collect it in the same manner as default national taxes are collected, and transfer it to the State or local government. <Amended on Mar. 12, 2004; Jan. 25, 2010; Feb. 13, 2014; Feb. 8, 2017>
(11) Notwithstanding Article 5 of the Act on the Regulation of Violations of Public Order, the following provisions shall apply to the procedures for the collection, imposition, etc. of administrative fines under this Act: <Amended on Jan. 25, 2010; Feb. 13, 2014; Dec. 29, 2020>
1. A party shall submit his or her opinions within three days from the date on which he or she receives an advance notice from the imposing authority, notwithstanding the former part of Article 16(1) of the Act on the Regulation of Violations of Public Order;
2. Notwithstanding Article 17(3) of the Act on the Regulation of Violations of Public Order, Articles 13 through 16 of the National Tax Collection Act shall not apply mutatis mutandis to administrative fines that shall be deducted from the election deposit of the relevant candidate under the latter part of paragraph (10) of this Article;
3. Any party that is dissatisfied with the disposition of an administrative fine under the former part of paragraph (10) of this Article shall file an objection to the imposing authority, notwithstanding Article 20(1) and (2) of the Act on the Regulation of Violations of Public Order, within 20 days from the date on which he or she receives a notice of such disposition, but filing an objection in such cases shall not affect the effects of the disposition of the administrative fine, the execution of the disposition, or the continuation of the procedure;
4. Notwithstanding Article 24 of the Act on the Regulation of Violations of Public Order, if a party fails to pay an administrative fine, which has not been deducted from the election deposit of the relevant candidate under the latter part of paragraph (10) of this Article, by the deadline for payment, the imposing authority shall request the head of the competent tax office to collect the delinquent administrative fine, together with an additional charge equivalent to 5/100 of the delinquent administrative fine, and the head of the competent tax office shall collect the administrative fine in the same manner as delinquent national taxes, and transfer the collected amount to the State or the competent local government;
5. Notwithstanding the main clause of Article 21(1) of the Act on the Regulation of Violations of Public Order, upon receipt of an objection under subparagraph 3 from the party upon whom an administrative fine has been imposed under paragraph (10) of the Article, the imposing authority shall notify the competent court of the fact without delay.
(12) A public prosecutor who has been notified of a decision of trial on administrative fine under Article 37 of the Act on the Regulation of Violations of Public Order shall inform, without delay, the competent election commission that imposed the disposition of administrative fine of such decision. <Added on Apr. 6, 2018>
[Title Amended on Aug. 13, 2015]
[Paragraph (9) (previously paragraph (6)) of this Article which was determined to be inconsistent with the Constitution on March 26, 2009 by Act No. 9974, Jan. 25, 2010 is amended ]
[Paragraph (3)4 of this Article, which was determined to be unconstitutional by the Constitutional Court on January 28, 2021 was amended by Act No. 19696, Aug. 30, 2023.]
[Paragraph (6)3 of this Article, which was determined to be unconstitutional by the Constitutional Court on January 28, 2021 was amended by Act No. 19696, Aug. 30, 2023.]