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Article 13
 

(Constituency Election Management)


(1) An election commission attending to the election affairs of each constituency (hereinafter referred to as a "constituency election commission") shall be as follows:


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>


1. The constituency election affairs for the presidential election and the election of proportional representative National Assembly members in the national constituency (hereinafter referred to as the "proportional representative National Assembly members") shall be attended to by the National Election Commission;


2. The constituency election affairs for the election of the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do governor (hereinafter referred to as the "Mayor/Do governor") and the election of proportional representative members of the City/Do council (hereinafter referred to as the "proportional representative members of City/ Do council") shall be attended to by the City/Do election commission;


3. The constituency election affairs for the election of National Assembly member of local constituency (hereinafter referred to as a "National Assembly member of a local constituency"), the election of the City/ Do council members of local constituency (hereinafter referred to as the "City/Do council members of local constituency"), the election of the autonomous Gu/Si/Gun council members of local constituency (hereinafter referred to as the "autonomous Gu/Si/Gun council members of local constituency"), the election of proportional representative autonomous Gu/Si/Gun council members (hereinafter referred to as the "proportional representative autonomous Gu/Si/Gun council members") and the election of the head of autonomous Gu/Si/Gun (hereinafter referred to as the "head of autonomous Gu/Si/Gun") shall be attended to by the Gu/Si/Gun election commission which has jurisdiction over the relevant constituency (in case where the Gu/Si/Gun election commission is designated to attend to the constituency election affairs
as provided in Article 29 (3) of this Act or Article 2 (6) of the Election Commission Act, referring to the Gu/Si/Gun election commission so designated).


(2) For the purpose of paragraph (1), the term "constituency election affairs" means the election affairs to be carried out in the relevant constituency as
a unit, such as registering candidacy and calling a winner. 


(3) In case where deemed especially necessary for the election management, a constituency election commission or its immediate superior election
commission may, as prescribed by the National Election Commission, adjust the scope of election affairs to be performed by the election commission in the competent constituency in respect to the relevant election, or may have its subordinate election commission or its members attend to the duties of the constituency election commission. 


(4) A member of the subordinate election commission attending to the constituency election affairs as provided in paragraph (3) shall not be
counted in the quorum of members of the constituency election commission, and may not take part in voting of the constituency election commission.


(5) In case where the Gu/Si/Gun election commission or the Eup/Myeon/Dong election commission becomes unable to carry out its functions due to natural disasters or other unavoidable reasons, the immediate superior election commission may carry them out as proxy, or may have another election commission carry them out, as proxy, until the competent election commission recovers its functions. In case where another election commission carries them out as proxy, the scope of the affairs to be carried out as proxy shall be prescribed together with them.


<Amended by Act No. 7681, Aug. 4, 2005>


(6) In case where the superior election commission carries out the election affairs as proxy or has others carry them out as proxy under paragraph (5), the acting election commission and the scope of relevant affairs shall be publicly notified without delay, and it shall be reported to the immediate superior election commission.