Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 18

(Disfranchised Persons)

(1) A person falling under any of the following subparagraphs, as of the election day, shall be disfranchised:

1. A person who is declared incompetent;

2. A person who is sentenced to imprisonment without prison labor or a heavier punishment, but whose sentence execution has not been terminated or whose sentence execution has not been decided to be exempted;

3. A person who commits an election crime, who commits the crimes provided for in the provisions of Articles 45 and 49 of the Political Fund Act or who commits the crimes in connection with the duties while in office as the President, member of the National Assembly, member of local council, and head of local government, which are referred to in Articles 129 through 132 of the Criminal Act (including the case subject to an aggravated punishment pursuant to Article 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes) and Article 3 of the Act on the Aggravated Punishment, etc. of Specific
Crimes, and for whom five years have not passed since a fine exceeding one million won is sentenced and the sentence becomes final or ten years have not passed since the suspended sentence becomes final, or for whom ten years have not passed since imprisonment was sentenced and the decision not to execute the sentence became final or since the execution of the sentence was terminated or exempted (including a person whose punishment becomes invalidated);

4. A person whose voting franchise is suspended or forfeited according to a decision by court or pursuant to other Acts.

(2) For the purpose of paragraph (1) 3, the term "person who commits an election crime" means a person who commits a crime provided in
CHAPTER ⅩⅥ Penal Provisions or a crime in contravention of the National Referendum Act.

(3) A person who concurrently commits the crimes referred to in paragraph (1) 3 and other offences shall be tried and sentenced separately for each
offense, despite the provisions of Article 38 of the Criminal Act, and, when an election campaign manager, accountant in charge of an election campaign office (including a person who has not been appointed nor reported as an accountant in charge of an election campaign office and who in collusion with a candidate spent for election expenses an amount equivalent to 1/3 or more of the election expense limit) or a lineal ascendant or descendant and spouse of the candidate (including a person intending to become a candidate) concurrently commits offenses under Articles 263 and 265 and other offences under Article 18 (1) 3 and is punished by imprisonment or a fine not less than three million won (including punishment due to acts committed by an election campaign manager or accountant in charge of an election campaign office before he/she is appointed or reported), such person shall be tried and sentenced separately for each offense.