Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Recall of Elected Officials Act and matters necessary for the enforcement thereof.
Article 2(Number of signatures required for requesting a residents’ recall vote) #
(1) Pursuant to the main clauses of Article 7 (2) and (3) of the Act, where a request for a residents’ recall vote against a Mayor/Do Governor (hereinafter referred to as “Mayor/Do Governor”) is filed and the total number of Sis/Guns/autonomous Gus under the jurisdiction of the relevant Special Metropolitan City, Metropolitan City, or Do is 3 or more, the number of signatures to be obtained from not less than 1/3 of such Si/Gun/autonomous Gu, and where a request for a residents’ recall vote against the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) or against a local council member (excluding proportional representation members of City/Do councils and proportional representation members of autonomous Gu, Si, or Gun councils; hereinafter the same shall apply) is filed and the total number of Eup/Myeon/Dong within the relevant constituency is 3 or more, the number of signatures to be obtained from not less than 1/3 of such Eup/Myeon/Dong shall be as follows:
1. Mayor/Do Governor: Not less than 10/100 of the total number of qualified petitioners for a residents’ recall vote in each relevant Si/Gun/autonomous Gu;
2. The head of a Si/Gun/Gu: Not less than 15/100 of the total number of qualified petitioners for a residents’ recall vote in each relevant Eup/Myeon/Dong;
3. Local council member: Not less than 20/100 of the total number of qualified petitioners for a residents’ recall vote in each Eup/Myeon/Dong within the relevant constituency.
(2) Where the number of signatures calculated under paragraph (1) is less than 5/10,000 of the total number of qualified petitioners for a residents’ recall vote in the constituency of the relevant head of a local government or the relevant local council member, the number of signatures to be obtained shall be 5/10,000; where it exceeds 100/10,000, the number of signatures to be obtained shall be 100/10,000.
(3) The head of a local government shall, by January 10 of each year, publicly announce the number of signatures calculated under paragraphs (1) and (2), together with the total number of qualified petitioners for a residents’ recall vote under Article 7 (5) of the Act.
(4) The public announcement under paragraph (3) shall be made by publishing it in the Official Gazette, official bulletins, or at least one daily newspaper, and by posting it on the bulletin board or the website of the relevant local government.
Article 3(Period for signature solicitation) #
The period for signature solicitation under Article 9 (1) of the Act shall be within 120 days from the date on which the issuance of a certificate of the representative of petitioners for a residents’ recall vote (hereinafter referred to as “representative of petitioners for recall”) is publicly announced, in cases of a request for a residents’ recall vote against a Mayor/Do Governor pursuant to Article 27 (1) of the Act; within 60 days from the date on which the issuance of a certificate of the representative of petitioners for recall is publicly announced, in cases of a request for a residents’ recall vote against the head of a Si/Gun/Gu or a local council member.
Article 4(Issuance of certificates of the representative of petitioners for recall) #
(1) Where the competent election commission receives an application for the issuance of a certificate of the representative of petitioners for recall, it shall, within 7 days, issue such certificate together with the list of petitioners for a residents’ recall vote, sealed pursuant to Article 9 (1) of the Act (hereinafter referred to as “list of petitioners for recall”); provided, where the application for issuance of a certificate of the representative of petitioners for recall is filed during the period in which a request for a residents’ recall vote is restricted under Article 8 of the Act, such certificate and the list of petitioners for recall shall be issued after the expiration of such restriction period.
(2) Where it is difficult for the competent election commission to issue a certificate of the representative of petitioners for recall within the period prescribed in the main clause of paragraph (1) due to unavoidable reasons, such as a delay in verifying whether the representative of petitioners for recall is a person ineligible to solicit signatures under Article 10 (2) of the Act, the period for processing may be extended once within the limit of the processing period.
(3) Where the competent election commission has extended the processing period pursuant to paragraph (2), it shall, without delay, notify the representative of petitioners for recall of the reason for such extension and the expected period of processing.
Article 5(Method of signature solicitation) #
(1) When the representative of petitioners for recall solicits signatures from qualified petitioners for a residents’ recall vote under Article 9 (1) of the Act, he or she shall attach the certificate of the representative of petitioners for recall or a copy thereof to the list of petitioners for recall.
(2) Where the representative of petitioners for recall delegates the right to solicit signatures pursuant to Article 9 (2) of the Act, he or she shall submit to the competent election commission a report on delegation of the right to solicit signatures, stating the name of the delegate and the period of delegation. In such cases, the competent election commission shall, after verifying whether the delegate is a qualified petitioner for a residents’ recall vote, immediately issue a certificate of report on delegation of the right to solicit signatures by the representative of petitioners for recall.
(3) When a delegate under paragraph (2) solicits signatures from qualified petitioners for a residents’ recall vote pursuant to Article 9 (1) of the Act, he or she shall attach the certificate of report on delegation of the right to solicit signatures by the representative of petitioners for recall, or a copy thereof, to the list of petitioners for recall.
Article 6(Method of signature and preparation of the list of petitioners for recall) #
(1) A qualified petitioner for a residents’ recall vote who intends to sign the list of petitioners for recall shall enter his or her name, date of birth, address, and date of signature in the list of petitioners for recall, and shall sign or affix his or her seal thereto. <Amended on Jul. 20, 2015>
(2) The list of petitioners for recall shall be prepared by distinguishing Eup/Myeon/Dong under each Si/Gun/autonomous Gu in cases of a request for a residents’ recall vote against a Mayor/Do Governor, and by each Eup/Myeon/Dong in cases of a request for a residents’ recall vote against the head of a Si/Gun/Gu or a local council member.
Article 7(Submission of a request for a residents’ recall vote) #
The request for a residents’ recall vote under Article 27 (1) of the Act shall state the name, address, and date of birth of the representative of petitioners for recall, the person subject to the residents’ recall vote, the purport and grounds thereof, and may be accompanied by relevant materials, if necessary. <Amended on Dec. 30, 2015>
Article 8(Inspection of the list of petitioners for recall) #
(1) Where the competent election commission allows the inspection of the list of petitioners for recall pursuant to Article 27 (1) of the Act, in cases of a request for a residents’ recall vote against a Mayor/Do Governor, the list of petitioners for recall or a copy thereof shall be made available at public places designated by the competent election commission and by each Si/Gun/Gu election commission (including Gu other than autonomous Gu; hereafter in this paragraph the same shall apply); and in cases of a request for a residents’ recall vote against the head of a Si/Gun/Gu or a local council member, the list of petitioners for recall or a copy thereof shall be made available at public places designated by each Si/Gun/Gu election commission.
(2) Where the competent election commission allows the inspection of the list of petitioners for recall under paragraph (1), it shall publicly announce in advance the period, hours, and places for such inspection.
(3) Where the competent election commission allows the inspection of the list of petitioners for recall or a copy thereof under paragraph (1), it shall take necessary measures to ensure that the date of birth of any signatory is not disclosed. <Amended on Jul. 20, 2015>
(4) Where qualified petitioners for a residents’ recall vote inspect the list of petitioners for recall under paragraph (1), the competent election commission shall cause the relevant public officials to be present.
Article 9(Examination and verification of signatures) #
(1) The competent election commission shall examine the signatures of qualified petitioners for a residents’ recall vote entered in the list of petitioners for recall and shall verify their validity or invalidity.
(2) Matters concerning the examination and verification of signatures, and other matters necessary for the deliberation of a request for a residents’ recall vote, other than those prescribed in this Decree, shall be prescribed separately by the National Election Commission Rules.
Article 10(Period for supplementing signatures) #
The period for supplementing signatures under Article 27 (1) of the Act shall be within 15 days from the date on which the competent election commission requires the representative of petitioners for recall to supplement signatures, in cases of a request for a residents’ recall vote against a Mayor/Do Governor, and within 10 days from the date on which the competent election commission requires the representative of petitioners for recall to supplement signatures, in cases of a request for a residents’ recall vote against the head of a Si/Gun/Gu or a local council member.
Article 11(Methods of public notice and public announcement, and forms of request for a residents’ recall vote) #
(1) The methods of public announcement under Articles 11, 12 (1), 22 (3), and 27 (1) of the Act, and the methods of public notice under Article 12 (2), Article 14 (3) of the Act, and Article 8 (2) of this Decree shall be prescribed separately by the National Election Commission Rules.
(2) The forms and certification formats under Articles 9 (1) and (2) and Article 27 (1) of the Act shall be as follows:
1. Request for a residents’ recall vote: Form 1;
2. Application for issuance of a certificate of the representative of petitioners for recall: Form 2;
3. Certificate of the representative of petitioners for recall: Form 3;
4. Report on delegation of the right to solicit signatures by the representative of petitioners for recall: Form 4;
5. Certificate of report on delegation of the right to solicit signatures by the representative of petitioners for recall: Form 5;
6. List of petitioners for recall: Form 6;
7. Objection form to the list of petitioners for recall: Form 7;
8. Certification format for the list of petitioners for recall: Form 8.