Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 60

(Persons Barred from Election Campaign)

(1) A person who falls under any of the following subparagraphs shall not engage in an election campaign: Provided, That the foregoing shall not apply to cases where a person referred to in subparagraph 1 is the spouse of a preliminary candidate or a candidate, or where a person referred to in any provision of subparagraphs 4 through 8 is the spouse of a preliminary candidate or candidate or a lineal ascendant or descendant of a candidate:

1. A person who is not a national of the Republic of Korea: Provided, That the foregoing shall not apply where a foreigner specified in Article 15 (2) 3 engages in a campaign for the relevant election;

2. A minor (referring to a person aged 19 or under 19; hereinafter the same shall apply);

3. A disfranchised person as provided in Article 18 (1);

4. A State public official as provided in Article 2 of the State Public Officials Act and a local public official as provided in Article 2 of the Local Public Officials Act: Provided, That this provision shall not apply to a person who is eligible to become a member of a political party (excluding a public official in political service other than the National Assembly members and local council members) provided for in the proviso to Article 22 (1) 1 of the Political Parties Act;

5. A person who falls under Article 53 (1) 2 through 8 (including a full-time employee in case of subparagraphs 4 through 6);

6. A company commander, or a higher-ranking officer, of the Homeland Reserve Forces;

7. The head of Tong/Ri/Ban, and the members of the residents' self governing committee (referring to the committee set up by competent district of the Eup/Myeon/Dong offices by Municipal Ordinances for the purpose of operating the residents' self-governing center; hereinafter the same shall apply) which is established in the self-governing center of Eup/Myeon/Dong residents (calling collectively various facilities for culture, welfare and convenience set up by the Municipal Ordinance as a part of conversion of the function of Eup/Myeon/Dong offices, regardless of their names; hereinafter the same shall apply);

8. A full-time executive or employee of the organization which is a national movement organization established pursuant to special Acts and which the State or each local government has invested in or subsidized (referring to the Society for a Better Tomorrow, the Saemaul Movement Council, the Korea Freedom Federation), and the representatives of these organizations, etc. (including City/Do organizations and Gu/Si/Gun organizations);

9. The master of the ship aboard which a seafarer who has filed a shipboard polling report in accordance with Article 38 (2) is.

(2) If a member of an election commission at any level, a company commander or a higher-ranking officer of the Homeland Reserve Forces, a member of a residents' self-governing committee, or the head of a Tong/Ri/Ban intends to serve as an election campaign manager, the chief of an election liaison office, an election campaign worker, an assistant under Article 62 (4), an accountant in charge, an election campaign speechmaker, an interviewer, a debater, a voting witness, or an advance polling witness, he/she shall resign from his/her office at least 90 days before the election day (in cases of a special election where the reason to hold the election becomes definite after 90 days prior to the election day, within five days from the time when the reason to hold the election
becomes definite), and shall not be reinstated to his/her former office within six months after the election day (until the election day in cases of a member of a residents' self-governing committee). In such cases, the provisions of Article 53 (4) shall apply mutatis mutandis with respect to the time at which a person is deemed to resign from his/her office.