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Article 38
 

(Reporting of Ballot at Abode or aboard Ship)


(1) Any person who is qualified for the enrollment in the electoral register but who falls under any subparagraph of paragraph (4) 1 through 5 (excluding foreigners defined under Article 15 (2) 3) may file a report in writing with the head of the competent Gu/Si/Gun (hereinafter referred to as “abode ballot report”) during the period set for the preparation of the electoral register. In such cases, an abode polling report shall be dispatched by registered mail, and the postal charges therefor shall be borne by the State or the competent local government.


<Amended by Act No. 9466, Feb. 12, 2009; Act No. 12267, Jan. 17, 2014>


(2) A seafarer who is qualified for the enrollment in the electoral register for a presidential election or an election for National Assembly members at
the end of their term of office but is unable to vote at an advance polling station or a regular polling station because he/she is on board any of the following ships, he/she may file a report by facsimile installed in the ship with the competent head of Gu/Si/Gun during the period for preparation of the electoral register (hereinafter referred to as “shipboard polling report”):


<Newly Inserted by Act No. 11374, Feb. 29, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12267, Jan. 17, 2014>


1. Any of the following ships the mastership of which is held by a citizen of the Republic of Korea and that is registered as a ship of the Republic of Korea under Article 2 of the Ship Act (including a bareboat chartered under the condition that it shall acquire the nationality of the Republic of Korea):


(a) A ship used for deep-sea fisheries with a permit issued by the Minister of Oceans and Fisheries under Article 6 (1) of the Ocean Industry Development Act;


(b) A ship used for overseas passenger transportation services with a license issued by the Minister of Oceans and Fisheries under Article 4 (1) of the Marine Transportation Act; 


(c) A ship used for overseas cargo transportation services after filing for registration with the Minister of Oceans and Fisheries under Article 24 (2) of the Marine Transportation Act; 


2. A ship with a foreign nationality, which is managed by a person who operates a ship management business registered with the Minister of Oceans and Fisheries pursuant to Article 33 (1) of the Marine Transportation Act and the mastership of which is held by a citizen of the Republic of Korea.


(3) A person who intends to file an abode polling report or a shipboard  polling report shall state the following facts in the relevant report form,
and a person who falls under paragraph (4) 1 or 2 shall obtain confirmation thereon from the head of the institution or facility to which he/she belongs, a person who falls under paragraph (4) 3 (excluding persons registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities as those with disabilities) from the competent head of Tong/Ri/Ban, and a seafarer who falls under paragraph (4) 6 from the master of the relevant ship. In such cases, the head of each Gu/Si/Gun shall send a guidebook on the abode polling report and an abode polling report form to each person registered pursuant to Article 32 of the Welfare of Disabled Persons Act as a person with disabilities, from among the persons specified in paragraph (4) 3, by not later than ten days before the basis date for the preparation of the electoral register:


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008; Act No. 9466, Feb. 12, 2009; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


1. The reason for the polling at the abode or aboard the ship;
2. Name, sex, and date of birth;
3. Address or abode (referring to the name of the ship and the facsimile
number in cases of a seafarer specified in paragraph (4) 6).


(4) Any of the following persons may vote at his/her abode (referring to the ship in cases of a seafarer under subparagraph 6):


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


1. A person who performs his/her service in a military base or aboard a military vessel located too far away from the nearest advance polling
station or a regular polling station to vote, among military personnel and police officers who stay for a long term in a military base or aboard a ship in accordance with an Act and subordinate statutes; 


2. A person who has been admitted for a long time in a hospital, sanatorium, asylum, prison, or detention center;


3. A person who is unable to move freely on the ground of his/her serious physical disability;


4. A person who resides in an island specified by Regulations of the National Election Commission, among remote and isolated islands too far away for inhabitants to vote at the nearest advance polling station or regular polling station;


5. A person specified by Regulations of the National Election Commission as a person who stays for a long time in an area in which it is
impracticable to install an advance polling station or regular polling station;


6. A seafarer who falls under paragraph (2).


(5) Upon receipt of an abode polling report or a shipboard polling report, the head of a Gu/Si/Gun shall verify the facts stated in the relevant report,
enter relevant facts in the electoral register, if the abode polling report or shipboard polling report is proper, and prepare separate electoral registers
of reported abode voters and of reported shipboard voters (hereinafter referred to as the “electoral registers of reported abode voters and of
reported shipboard voters”).


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 9466, Feb. 12, 2009; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


(6) When the head of a Gu/Si/Gun completes the preparation of electoral registers of reported abode voters and of reported shipboard voters, he/she
shall send certified copies thereof (including photocopies of computerized data) to the competent Gu/Si/Gun election commission.


<Amended by Act No. 9466, Feb. 12, 2009; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


(7) The provisions of Article 37 (6) shall apply mutatis mutandis to the preparation of the electoral registers of reported abode voters and of reported shipboard voters.


<Amended by Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


(8) The forms of an abode polling report and a shipboard polling report, the forms of electoral registers of reported abode voters and of reported
shipboard voters, the procedure for the verification of reasons for polling at the abode or aboard the ship, and other necessary matters shall be
prescribed by Regulations of the National Election Commission.


<Amended by Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>