Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 8

(Election Broadcast Deliberative Committee)

(1) The Korea Communications Standards Commission (hereinafter referred to as the "Korea Communications Standards Commission") under Article 18
(1) of the Act on the Establishment and Operation of Korea Communications Commission shall establish and operate the Election Broadcast Deliberative Committee during a period specified in any of the following subparagraphs, so as to maintain the fairness of election broadcasting:

1. Elections held due to the expiration of terms: Until 30 days after the election day from the day before the date on which an application for
the registration of preliminary candidates commences under Article 60-2 (1);

2. Special elections: Until 30 days after the election day from 60 days before the election day (in cases where grounds for holding special elections are confirmed 60 days before the election day, ten days after the date on which grounds for holding such elections are confirmed).

(2) The Election Broadcast Deliberative Committee shall consist of not more than nine members including a person recommended by each of political
parties which set up negotiation groups in the National Assembly and the National Election Commission and persons recommended by broadcasting
companies (referring to a person operating or managing the broadcasting facilities under Article 70 (1); hereafter in this Article and Article 8-4 the
same shall apply), the community of journalism scholars, the Korea Bar Association, journalists' associations, civil groups, etc. In such cases, when
an increase in the number of political parties which set up negotiation groups in the National Assembly after the establishment of the Election Broadcast Deliberative Committee causes the number of members to exceed the fixed number of members, the current number of members shall be deemed fixed number of members.

(3) No member of the Election Broadcast Deliberative Committee may join a political party.

(4) The Election Broadcast Deliberative Committee shall determine necessary matters to maintain political neutrality, equality, objectivity of election
broadcast, and balance in respect of production technology, to redress injuries of rights, and other necessary matters to secure the impartiality of
election broadcast, and shall publish them.

(5) The Election Broadcast Deliberative Committee shall inspect whether the election broadcast is impartial, and shall determine the sanctions, etc.
pursuant to any subparagraphs of Article 100 (1) of the Broadcasting Act, in cases where deemed that the contents of an election broadcast were not
impartial as a result of inspection, and notify the Korea Communications Commission under Article 3 (1) of the Act on the Establishment and
Operation of the Korea Communications Commission of these measures, and the Korea Communications Commission shall make, without delay,
orders for notified sanctions, etc. against the broadcasting company which made an election broadcast unfair.

(6) Where a candidate or a person wishing to be a candidate regards the contents of election broadcast as unfair, he/she may request the Election
Broadcast Deliberative Committee to make corrections from the date on which the Election Broadcast Deliberative Committee is established under
paragraph (1), and the latter shall make, without delay, a deliberation and resolution as to such request.

(7) The composition and operation of the Election Broadcast Deliberative Committee, and other necessary matters shall be prescribed by the rules of
the Korea Communications Standards Commission.

[This Article Newly Inserted by Act No. 5412, Nov. 14, 1997]