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Article 70
 

(Broadcast Advertisements)


(1) A candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members; hereafter in this Article the same shall apply) may run an advertisement of the platform or policy of the political party to which he/she belongs, his/her political views, and other matters necessary for publicity using television or radio broadcasting facilities [referring to a radio station managed and operated by the broadcasting business operator under the Broadcasting Act and the composite cable broadcasting stations (including channels of the operators using broadcasting channels for specialized news programs); hereafter the same shall apply in this Article] during the election campaign period, pursuant to the following subparagraphs, but the advertising time shall not exceed one minute at a time. In such cases, the rebroadcasting shall be included in the calculation of the advertisement frequency, but a concurrent use of the relevant broadcasting networks with a selection of one television or radio broadcasting facility shall be deemed one time:


<Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 9974 Jan. 25, 2010>


1. Presidential election: Up to 30 times for television and radio broadcasts, respectively;


2. Election of proportional representative National Assembly members: Up to 15 times for television and radio broadcasts, respectively;


3. Election of Mayor/Do Governor: Up to five times for television and radio broadcasts by using local broadcasting facilities, respectively.


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


(3) Each operator of the broadcasting facilities airing the advertisement according to paragraph (1) shall notify the competent constituency election commission of the date, time, contents, etc. of the broadcast advertisement as prescribed by Regulations of the National Election Commission.


(4) The provisions of Article 73 (2) of the Broadcasting Act and Article 5 of the Act on Broadcast Advertising Sales Agencies, etc. shall not apply to the broadcast advertisement provided in paragraph (1).


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005; Act No. 11373, Feb. 22, 2012>


(5) Any person operating or managing broadcasting facilities shall treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc. in making broadcast advertisement under paragraph (1); where the date and time of use of broadcasting facilities for which candidates apply overlaps, allocation of broadcast time shall be made under Regulations of the National Election Commission.


<Amended by Act No. 5412, Nov. 14, 1997>


(6) The candidate may, in making a broadcast advertisement under paragraph (1), air the finger language or a caption for the electors with a defected auditory sense.


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


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


(8) Any person operating or managing broadcasting facilities in which a broadcast advertisement is performed under paragraph (1), may not claim or collect advertisement fees against or from candidates in excess of the  minimum fees of the commercial, cultural and other various advertisements broadcasted on the same hours during an election period, in calculating the expenses for such advertisement.


<Newly Inserted by Act No. 5537, Apr.30, 1998>