Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 52

(Nullification of Registration)

(1) The registration of a candidate shall become null if any of the following events occurs after the candidate is registered:

1. The candidate is found to be ineligible for the election;

2. The recommendation is found to have been made in excess of the fixed number to be elected by constituency, in contravention of the main sentence of Article 47 (1), the ratio and precedence of the recommendation of female candidates to run in the election of the proportional representative local council members provided for in paragraph (3) of the same Article are found to have violated, or the number of recommending electors provided in Article 48 (2) is found
to be insufficient;

3. The candidate is found to have failed to submit the documents under Article 49 (4) 2 through 5;

4. The candidate is found to have registered, in contravention of Article 49 (6);

5. The candidate is found to have registered, in contravention of Article 53 (1) through (3) or (5);

6. The party-recommended candidate secedes from the party, changes to another party, or is a member of two or more parties (including the case where he/she is a member of two or more parties at the time of candidate registration); the political party to which he/she belongs is dissolved or cancels its registration; or the central party revokes an approval of the formation of a City/Do party;

7. An independent candidate becomes a member of a political party;

8. The candidate is found to have registered, in contravention of Article 57-2 (2) or 266 (2) and (3);

9. A political party is found to have recommended persons who do not belong to the relevant political party or persons who are not eligible to become party members under Article 22 of the Political Parties Act;

10. The candidate is found to be a person who is restrained from holding a public office under other Acts or a person who is not eligible to become a candidate;

11. A political party or a candidate is found to have failed to submit open data about the information of a candidate (excluding open data about a candidate in braille) without any good cause, in contravention of Article 65 (9).

(2) Where any registration is found to have made in contravention of Article 47 (5), the registration of a candidate for City/Do council members of local constituency, and for autonomous Gu/Si/Gun council members of local constituency who are recommended by the political party in the relevant constituency of a National Assembly member shall become null: Provided, That this shall not apply to cases where the sum of the number of candidates for City/Do council members of local constituency and the number of candidates for autonomous Gu/Si/Gun council members of local constituency who are recommended by the relevant political party in the area where female candidates need to be recommended under Article 47 (5) is fewer than the number (any fraction less than one shall be deemed one) equivalent to 50/100 of the sum of the fixed number of the City/Do council members of local constituency and the fixed number of
autonomous Gu/Si/Gun council members of local constituency and where the registration of a female candidate becomes null.

(3) Where a candidate has registered as a candidate for other constituencies in the same election or as a candidate for other elections, all his/her registrations shall become nullified.

(4) Where the registration of a candidate becomes nullified, the competent constituency election commission shall immediately notify the candidate and the political party which has recommended him/her of the facts thereof, specifying the reason for registration nullification.