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Article 8
 

(Committee for Deliberation on Fairness in Public Opinion Polls on Election)


(1) In order to ensure the objectiveness and reliability of public opinion polls conducted to make it possible to predict the approval rating of each
political party or the successful candidate in an election for the purpose of publishing or reporting, the National Election Commission and each
City/Do election commission shall establish and operate a committee for the deliberation on fairness in public opinion polls on election respectively.


(2) The committee established in the National Election Commission for the deliberation on fairness in public opinion polls on election (hereinafter referred to as the “central committee for the deliberation on fairness in public opinion polls on election”) or the committee established in a City/Do election commission for the deliberation on fairness in public opinion polls on election (hereinafter referred to as the “City/Do committee for the deliberation on fairness in public opinion polls on election”) shall be comprised of not more than nine members in total, one member recommended by each political party that forms a negotiation body in the National Assembly and members commissioned by the central or City/Do committee for the deliberation on fairness in public opinion polls on election, from among neutral and impartial experts from academic circles, judicial circles, and institutions and organizations engaging in public opinion polls, and the term of office of each member shall be three years. The latter part of Article 8-2 (2) shall apply mutatis mutandis
to the fixed number of members in such cases.


(3) A committee for the deliberation on fairness in public opinion polls on election shall have one chairperson, who shall be elected by and from among members. 


(4) The central committee for the deliberation on fairness in public opinion polls on election shall have one standing member, who shall be appointed
from among members of the central committee for the deliberation on fairness in public opinion polls on election.


(5) No member of a political party shall be qualified for a member of a  committee for the deliberation on fairness in public opinion polls on election.


(6) The central committee for the deliberation on fairness in public opinion polls on election shall establish rules necessary for ensuring the objectiveness and reliability of public opinion polls conducted to make it possible to predict the approval rating of each political party or the successful candidate in an election for the purpose of publishing or reporting (hereinafter referred to as the “guidelines for public opinion polls”) and shall publicly announce the guidelines by not later than 200 days before the election day.


(7) Duties of each committee for the deliberation on fairness in public opinion polls on election are as follows:


1. Examination of petitions filed for objection under Article 108 (4) and processing of registration under Article 108 (7);
2. Examination of whether a public opinion poll that makes it possible to predict the approval rating of each political party or the successful
candidate in an election for the purpose of publishing or reporting violates this Act or the guidelines for public opinion polls.


(8) Public opinion polls subject to examination by a committee for the deliberation on fairness in public opinion polls on election are as follows:


1. The central committee for the deliberation on fairness in public opinion polls on election: Public opinion polls conducted nationwide or on residents in constituencies of two or more Cities/Dos;


2. A City/Do committee for the deliberation on fairness in public opinion polls on election: Public opinion polls conducted on residents in constituencies of the relevant City/Do. 


(9) A committee for the deliberation on fairness in public opinion polls on election suspects that a public opinion poll on an election is likely to
violate this Act, it shall notify the competent constituency election commission thereof.


(10) If a committee for the deliberation on fairness in public opinion polls on election deems it necessary for carrying out its business affairs, it may
invite related public officials or experts to hear their opinions or may request relevant institutions or organizations to furnish it with data or opinions or cooperate with it in any other way.


(11) In order to carry out administrative affairs, a committee for the deliberation on fairness in public opinion polls on election may establish a secretariat comprised of public officials of the election commission. 


(12) The organization and operation of a committee for the deliberation on fairness in public opinion polls on election, the treatment of members and
standing members, the organization and the scope of duties of the secretariat, the methods for the public announcement of guidelines for public opinion polls on election, and other necessary matters shall be prescribed by Regulations of the National Election Commission.


[This Article Newly Inserted by Act No. 12393, Feb. 13, 2014]