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Article 16
 

(Electoral Eligibility)


(1) A national who is 40 years of age or above and who has resided in the Republic of Korea for five years or longer as of the election day shall be eligible for election to the Presidency. In such cases, if he/she has been sent to a foreign country in public services or stayed in a foreign country
while having a domicile in the Korean territory for a certain period, he/she shall be deemed to have stayed in the Korean territory for that period.


<Amended by Act No. 5262, Jan. 13, 1997>


(2) A national of 25 years of age or above shall be eligible for election as a member of the National Assembly.


(3) A national who is aged 25 years or above and who has registered as a resident (including cases where he/she is enrolled in the register of
persons reporting their domestic domiciles; hereafter the same shall apply in this Article) in the district under the jurisdiction of the local
government concerned for 60 consecutive days or longer (from the record date of the electoral register up to the election day consecutively, in cases
of any person who had been sent to a foreign country in public services and has returned to the Republic of Korea after 60 days before the
election day) as of the election day shall be eligible for election for the relevant local council member and the head of the local government. In
such cases, a period of 60 days shall not be interrupted by establishment, abolition, division, or merger of the local government, or change in the
boundary of a district (including a change of district under any subparagraph of Article 28).


<Amended by Act No. 5537, Apr. 30, 1998; Act No. 9466, Feb. 12, 2009>


(4) In cases of the former part of paragraph (3), when the resident registration of the head of a local government is made in the district under the jurisdiction of another local government because the office of the relevant local government is located in the district under the jurisdiction of another local government, it shall be deemed that his/her resident registration is made in the district under the jurisdiction of the relevant local government.


<Amended by Act No. 9466, Feb. 12, 2009>