Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 57

(Return, etc. of Deposit Money)

(1) The competent constituency election commission shall return amounts classified under the following subparagraphs to the depositor within 30
days after the election day. In such cases, deposit money, which is not returned, shall revert to the State or local governments:

1. The presidential election, the election of the National Assembly members of local constituency, the election of the local council members of local constituency and the election of the heads of local governments:

(a) Whole amount of the deposit money in cases where the candidate has been elected or has deceased, and where he/she has obtained 15/100 or more of gross number of valid votes;

(b) Amount equivalent to 50/100 of the deposit money in cases where the candidate has obtained not less than 10/100 but less than 15/100 of gross number of valid votes;

(c) Whole amount of the deposit money paid under Article 60-2 (2), in cases where a preliminary candidate has deceased or any one is not allowed to be registered as a candidate under the main sentence of Article 57-2 (2);

2. The election of the proportional representative National Assembly members and the election of the proportional representative local council members: Whole amount of the deposit money when there exists any elected person from among those listed in the relevant roll of candidates: Provided, That the deposit money of a candidate, who resigns from his/her post before any person is elected, or whose registration is cancelled under Articles 189 and 190-2, shall be
excluded.

(2) Expenses to be borne with the deposit money under Article 56 (3) shall be deducted, when the deposit money is returned under paragraph (1), and any one, for whom expenses to be borne exceed the deposit money to be returned, shall pay excessive amount to the constituency election commission and any one, for whom the whole amount of the deposit money reverts to the State or local governments, shall pay the whole amount of expenses to be borne to the constituency election commission, within ten days from the day on which he/she receives a notification, pursuant to the notification of the relevant constituency election commission.

(3) When the relevant person fails to pay the aforementioned amount within the deadline for payment under paragraph (2), the competent constituency
election commission shall entrust the collection of such amount to the head of the competent tax office, and the head of the competent tax office shall collect it by referring to the practices of dispositions on default of national taxes, and pay the collected amount to the State or the relevant local governments. In such cases, the relevant election commission may entrust the collection of expenses for any vicarious execution against illegal facilities, etc. under Article 271 to the head of the competent tax office, after preferentially disbursing such expenses.

(4) Deleted. <by Act No. 6265, Feb. 16, 2000>

(5) The return and reversion of the deposit money, and other necessary matters, shall be prescribed by Regulations of the National Election Commission. <Amended by Act No. 6265, Feb. 16, 2000>