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Article 60
 

(Registration of Preliminary Candidates)


(1) A person who intends to become a preliminary candidate (excluding an election for proportional representative National Assembly members and an
election for proportional representative local council members) shall file, in writing, an application for the registration of preliminary candidate with the constituency election commission concerned from the day falling under any of the following subparagraphs (in the special election, etc. which the reasons for holding have become definite after the day falling under any of the following subparagraphs, the time when the reasons for holding the said election have become definite):


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


1. The presidential election:240 days before the election day;


2. The election of the National Assembly members of local constituency and the election of the Mayor/Do Governor: 120 days before the election day; 


3. The election of City/Do council members in a local constituency and the election of council members or head of a local constituency of autonomous Gu/Si; 90 days before the date on which an election period commences;


4. The election of council members or head of a local constituency in Gun: 60 days before the date on which an election period commences.


(2) Any one who applies for the registration of a preliminary candidate under paragraph (1) shall submit the following documents and pay amounts equivalent to 20/100 of the deposit money of the relevant election falling under each subparagraph of Article 56 (1) to the competent constituency election commission as deposit money, in accordance with Regulations of the National Election Commission:


<Newly Inserted by Act No. 9974, Jan. 25, 2010>


1. Evidentiary documents concerning qualifications to become a candidate, which are determined by Regulations of the National Election Commission;


2. Evidentiary documents concerning criminal records;


3. Certificates concerning academic background under Article 49 (4) 6 (Korean translations shall be attached).


(3) The election commission in receipt of an application for registration under paragraph (1) shall promptly accept it, but may not accept an application
for registration, which is not accompanied by evidentiary documents concerning the deposit money and criminal records under paragraph (2). In such cases, the election commission shall accept an application for registration, when evidentiary documents concerning a right to be elected are not accompanied, but for the preliminary candidate for whom it is deemed a verification is necessary with regard to the right to be elected, the said commission may call on the head of related agency to inquire into the necessary matters, and the head of related agency in receipt of such inquiry shall promptly investigate the relevant matters and make a reply thereto.


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


(4) When there exists any reason falling under any one of the following subparagraphs after a registration of preliminary candidate, the registration of the said preliminary candidate shall be invalid:


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


1. When it is found that he/she has no right to be elected;


1-2. When it is found that he/she has failed to submit evidentiary documents concerning criminal records under paragraph (2) 2;


2. When it is found that he/she corresponds to the person who is incapable of standing as a candidate with holding his/her post under Article 53 (1) through (3) or (5);


3. When it is found that he/she corresponds to the person who is incapable of becoming a candidate under the main sentence of Article 57-2 (2) or Article 266 (2) and (3);


4. When it is found that he/she corresponds to the person who is prohibited from exercising a right to hold a public office or the person who is not eligible to be a candidate under other Acts. 


(5) Article 52 (3) shall apply mutatis mutandis to the registration of preliminary candidates. In such cases, the term "candidate" shall be
deemed a "preliminary candidate."


<Amended by Act No. 10067, Mar. 12, 2010>


(6) When a preliminary candidate intends to resign, he/she shall directly file in writing a report thereon with the relevant constituency election
commission. 


(7) A person who registers himself/herself as a candidate pursuant to Article 49 shall be deemed concurrently a preliminary candidate by the date prior
to the commencing date of election period. In such cases, election campaigns shall follow the practice of an preliminary candidate.


<Newly Inserted by Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010; Act No. 10981, Jul. 28, 2011>


(8) With regard to checking criminal records of a preliminary candidate and a bulletin, Article 49 (10) shall apply mutatis mutandis. In such cases, "150
days before the date on which an election period commences" shall be deemed "150 days (referring to 60 days before the date on which an application for the registration of a preliminary candidate commences, in cases of a Presidential election) before the date on which an election period commences."


<Newly Inserted by Act No. 9974, Jan. 25, 2010>


(9) An application form for a registration of preliminary candidate, evidential documents relating to the right to be elected, and other necessary matters
shall be stipulated by Regulations of the National Election Commission. 


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


[This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]