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Article 49
 

(Registration, etc. of Candidates)


(1) A candidate shall apply for candidate registration in writing to the competent constituency election commission for two days (hereinafter referred to as "candidate registration period") from the 24th day before the election day in cases of the presidential election, and from the 20th day before the election day in cases of an election of a National Assembly member, a local council member and the head of a local government (hereinafter referred to as "beginning day of the application for candidate registration").


<Amended by Act No. 10981, Jul. 28, 2011>


(2) The registration of a party-recommended candidate shall be applied for by the political party which has recommended the candidate for the presidential election or the election of a proportional representative National Assembly member or a proportional representative local council member, and by the person who intends to be a party recommended candidate for the election of a National Assembly member of local constituency, a local council member of local constituency or the head of a local government, but the application for registration shall be accompanied by the letter of recommendation which is signed and sealed
by the official stamp or the representative of the recommending political party, and by the acceptance letter of the candidate (limited to cases of the presidential election and the election of a proportional representative National Assembly member and a proportional representative local council member). In such cases, the application for registration of candidates for proportional representative National Assembly members and for proportional representative local council members shall be accompanied by the roll of candidates whose rankings are decided by the recommending political party.


<Amended by Act No. 10981, Jul. 28, 2011>


(3) A person who intends to be an independent candidate shall submit an application for registration along with letters of recommendation (in a single or plural entry, and the seal between pages is not required) signed and sealed by electors (printing a thumbmark is not permitted) as provided for in Article 48.


<Amended by Act No. 10981, Jul. 28, 2011>


(4) A person who applies for the registration of a candidate under paragraphs (1) through (3) shall submit the following documents and pay the deposit specified in Article 56 (1):


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 7850, Mar. 2, 2006; Act No. 8879, Feb. 29, 2008; Act No. 9974, Jan. 25, 2010; Act No. 10981, Jul. 28, 2011; Act No. 12267, Jan. 17, 2014; Act No. 12393, Feb. 13, 2014>


1. Evidentiary documents on eligibility for election as prescribed by Regulations of the National Election Commission;


2. A written report on property subject to registration under the provisions of Article 10-2 (1) of the Public Service Ethics Act;


3. A report on military service records as provided in Article 9 (1) of the Act on the Report and Disclosure of Military Service Records of Public Officials;


4. A written report on the payment or default (excluding any default of not more than 100 thousand won or for not more than three months) of income tax (limited to cases where it is intended to submit such certificate of the income tax withheld at source pursuant to the provisions of Article 127 (1) of the Income Tax Act), property tax and comprehensive real estate holding tax for the latest five years by the candidate, his/her spouse, lineal ascendants and descendants (excluding his/her married daughters, maternal grandfather and grandmother, and daughters' children). In such cases, the lineal ascendant of the candidate may refuse to make a report on his/her payment or default of taxes;


5. Evidentiary documents on criminal records (including expired sentences; hereinafter referred to as "criminal records") of a fine not exceeding one million won or any heavier punishment;


6. A certificate (Korean translations shall be attached) of final academic background relating to the regular academic background recognized by the Elementary and Secondary Education Act and the Higher Education Act (hereinafter referred to as "regular academic background"), and each certificate relating to the academic background completed in a foreign educational institution corresponding to the domestic regular academic background. In such cases, an academic background the certificate of which is required to be submitted shall be limited to the academic background which is stated or to be stated in the campaign
material of preliminary candidates provided in Article 60-3 (1) 4, campaign promise collections of preliminary candidates provided in Article 60-4, election posters provided in Article 64, election campaign bulletins provided for in Article 65 [including the open data on candidates provided for in paragraph (9) of the same Article], written campaign pledges provided for in Article 66 and on the Internet homepage operated by the candidate;


7. A report on past records of registration as a candidate in a presidential election, in an election of a National Assembly member, a local council member, or the head of a local government, or in an election of a member of an Education Committee or a superintendent of education [referring to the year in which an election was held, the name of election, the name of constituency, the name of the political party to which the candidate belonged (limited to the election in which
the recommendation of a candidate by a political party is permitted), and whether the candidate won or lost the election].


(5) Any one who files an application for the registration of a candidate may not submit documents submitted when he/she files an application for the
registration of a preliminary candidate under Article 60-2 (2), notwithstanding the provisions of paragraph (4): Provided, That in cases where parts of such documents are changed, he/she shall add or supplement such documents until he/she files an application for the registration of a candidate.


<Amended by Act No. 9974, Jan. 25, 2010>


(6) No member of any political party shall register as an independent candidate, and shall not register as a candidate for the election concerned if seceding from the party, changing his/her membership, or holding two or more memberships at the same time during the candidate registration period (including the time of application for candidate registration). These provisions shall also apply to cases where he/she loses his/her party membership due to the dissolution of the party, the cancellation of registration, or the central party's revocation of its approval of the formation of a City/Do party.


<Amended by Act No. 7189, Mar. 12, 2004>


(7) Applications for candidate registration shall be accepted from 9:00 a.m. through to 6 p.m. each day, regardless of statutory holidays.


<Amended by Act No. 10981, Jul. 28, 2011>


(8) The competent constituency election commission shall, upon receiving an application for candidate registration, immediately accept it, but shall not
accept an application for registration when the written application for registration, a letter of recommendation from the political party and the candidate's acceptance letter, letters of recommendation of electors, deposit money, and the documents under paragraph (4) 2 through 5, are not attached, or the ratio and order in the recommendation of female candidates (limited to the election of the proportional representative local council members) provided for in the provisions of Article 47 (3) are violated: Provided, That even though the documents attesting to a candidate's eligibility for election are not attached, the competent constituency election commission shall accept such application and then investigate the facts thereof, and the agencies or organizations which
receive a request for such investigation shall verify the fact thereof without delay and make a reply to the competent constituency election commission.


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8053, Oct. 4, 2006>


(9) The competent constituency election commission shall, within 15 days after the elected person is finalized, send a copy of the reports on property subject to registrations which have been submitted by the relevant elected person under paragraph (4) 2 to the relevant public service ethics committee as provided in Article 9 of the Public Service Ethics Act. 


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


(10) Any person who intends to become a candidate or any political party may request a criminal record check on the principal or any party member who intends to become a candidate from the head of the national police station, starting from 150 days before the date on which an election period commences, and the head of the national police station so requested shall without delay make a reply of such criminal record. In such cases, the replied criminal record shall be concurrently submitted at the time of candidate registration, and where such check on the candidate is deemed necessary, the competent constituency election commission may, request the criminal record check on such candidate from the chief of the public prosecutor's office having jurisdiction over the relevant constituency, without delay after the deadline of candidate registration, and the chief of the relevant public prosecutor's office shall without delay make a reply of
whether such criminal record is genuine.


<Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 7849, Feb. 21, 2006; Act No. 10981, Jul. 28, 2011>


(11) Any one may, during the election period, peruse the criminal records which are received by the competent constituency election commission
under paragraph (10).


<Newly Inserted by Act No. 6265, Feb. 16, 2000>


(12) The competent constituency election commission shall make available to the public the documents submitted or received under paragraphs (4) 2
through 7 and (10) so that electors can be informed thereof: Provided, That such documents shall not be made available to the pubic after the election day.


<Newly Inserted by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 12393, Feb. 13, 2014>


(13) and (14) Deleted.


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


(15) The application form for candidate registration, a form for letter of recommendation for tax payment and declaration of default of taxes and the methods of offering documents that are submitted and delivered for public perusal and other necessary matters shall be prescribed by Regulations of the National Election Commission.


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010>