Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 8

(Election Debate Broadcasting Committee)

(1) The election commission of each level (excluding the Eup/Myeon/Dong election commission; hereafter in this Article, the same shall apply) shall
respectively establish and operate the Election Debate Broadcasting Committee (hereafter in this Article, referred to as "Election Debate Broadcasting Committee of each level") in order to impartially hold and progress an interview or debate under the provisions of Article 82-2 and a policy debate under the provisions of Article 82-3 (hereafter in this Article, referred to as "interview or debate, etc."): Provided, That the Gu/Si/Gun Election Debate Broadcasting Committee to be established in the Gu/Si/Gun election commission (hereinafter referred to as "Gu/Si/Gun Election Debate Broadcasting Committee") may be established and operated by the unit of an election district of National Assembly members of local constituency or the unit of a broadcast zone of the composite cable TV business operator under the Broadcasting Act.

(2) The Election Debate Broadcasting Committee of each level shall be comprised under the following subparagraphs, and the terms of office of
members shall be three years, except for cases under the latter part of subparagraph2. In such cases, the latter part of Article 8-2 (2) shall apply
mutatis mutandis to the fixed number of members:

1. The Central Election Debate Broadcasting Committee (hereinafter referred to as "Central Election Debate Broadcasting Committee") to be
established in the National Election Commission and City/Do Election Debate Broadcasting Committee (hereinafter referred to as "City/Do Election Debate Broadcasting Committee") to be established in the election commission of the Special Metropolitan City, the Metropolitan City, Do or the Special Self-Governing Province (hereinafter referred to as "City/Do"): The Central Election Debate Broadcasting Committee shall consist of not more than 11 persons and City/Do Election Debate Broadcasting Committee shall consists of not more than nine persons, including a person recommended by each of political parties which form negotiation groups in the National Assembly and the public broadcasting company (referring to the Korea Broadcasting System and
a broadcast business operator, the largest contributor of which is the Foundation for Broadcast Culture under the Foundation for Broadcast
Culture Act; hereinafter the same shall apply) and persons commissioned by the National Election Commission or City/Do election commission, from among persons of learning and high moral repute, who are recommended by the Korea Communications Standards Commission, scholars community, legal circles and civil groups;

2. The Gu/Si/Gun Election Debate Broadcasting Committee: The Committee shall consist of not more than nine members, including three members including the chairperson of the relevant Gu/Si/Gun election commission and members recommended by political parties (in cases where members recommended by political parties are not less than three persons, referring to the number including such members) and persons commissioned by the relevant Gu/Si/Gun election commission, from among persons belonging to scholars community, legal circles, civil groups or journalists. In such cases, the terms of office of members who concurrently hold the positions of members of Gu/Si/Gun election commission shall be the period during which they
hold their official positions under Article 8 of the Election Commission Act.

(3) The Election Debate Broadcasting Committee of each level shall have one chairperson, and he/she shall be elected from among its members:
Provided, That the chairperson of the relevant Gu/Si/Gun election commission shall concurrently hold the office of the chairperson of the Gu/Si/Gun Election Debate Broadcasting Committee.

(4) The Central Election Debate Broadcasting Committee shall have one standing member, and he/she shall be nominated by the National Election
Commission, from among the members of the Central Election Debate Broadcasting Committee.

(5) No members of political parties shall become the members of the Election Debate Broadcasting Committee.

(6) The Central Election Debate Broadcasting Committee shall determine matters necessary for holding and progress of an interview or debate, etc.
and other matters necessary for guaranteeing the impartiality, and make a public announcement thereof.

(7) The Election Debate Broadcasting Committee of each level may, when it is necessary for performing the duties of interviews or debates, etc.,
demand the public broadcast company or the related agencies or organizations, etc. to render cooperations, and the public broadcast company in receipt of the said demand for cooperations shall preferentially comply with it.

(8) The Central Election Debate Broadcasting Committee or the City/Do Election Debate Broadcasting Committee shall have the Secretariat consisting of the public officials belonging to the relevant election commission in order to deal with its affairs.

(9) When the Election Debate Broadcasting Committee deems it necessary for performing its duties, it may hold a consultation with the heads of related
administrative agencies or of the related institutions, organizations, etc., and have the public officials or officers and employees belonging thereto dispatched, or have the public officials belonging to the related administrative agencies concurrently assume the posts of public officials
belonging to the Secretariat under the provisions of paragraph (8).

(10) The composition and operation of the Election Debate Broadcasting Committee of each level, treatment of its members and standing members,
organization and scope of duties of the Secretariat, and other necessary matters shall be stipulated by Regulations of the National Election Commission.

[This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]