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Article 71
 

(Broadcast Speech of Candidates, etc.)


(1) A candidate and a campaign speechmaker designated by the candidate may deliver a campaign speech using the television and radio broadcasting
facilities (referring to the broadcasting facilities under Article 70 (1); hereafter the same shall apply in this Article) for the purpose of manifesting the platform and policy of the political party to which he/she belongs, his/her political views, or other matters necessary for the publicity during the election campaign period pursuant to the following subparagraphs:


<Amended by Act No. 4947, Apr. 1, 1995; 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>


1. Presidential election: Up to 11 times by television and radio broadcast, respectively, and each time within 20 minutes by the candidate and campaign speechmaker nominated by the candidate, respectively; 


2. Election of the proportional representative National Assembly members: One time by television and radio broadcast, respectively, and each time within ten minutes by two representatives appointed by a political party from among candidates for proportional representative National Assembly members, respectively;


3. Election of the National Assembly members of local constituencies and the heads of autonomous Gu/Si/Gun: Up to two times by television and radio broadcast, respectively, and each time within ten minutes by a candidate using local broadcasting facilities;


4. Election of the proportional representative City/Do council members: One time within ten minutes by television and radio broadcast, respectively, using local broadcasting facilities by a representative elected by each party from among the candidates for the relevant election at each constituency of proportional representative City/Do council members;


5. Election of the Mayors/Do Governors: Up to five times by television and radio broadcast, respectively, using local broadcasting facilities, each time within ten minutes by candidate. 


(2) The term "local broadcasting facilities" in this Act means broadcasting facilities located in the area under the jurisdiction of the relevant City/Do (in cases of Do, including broadcasting facilities located in the Special Metropolitan City or the Metropolitan City which embraces an area of the relevant Do as its broadcast area) and broadcasting facilities located in the Seoul Special Metropolitan City in cases of the relevant City/Do that does not have its own broadcasting facilities in its jurisdictional region and is located adjacent to the Seoul Special Metropolitan City.


<Newly Inserted by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 8232, Jan. 3, 2007; Act No. 10981, Jul. 28, 2011>


(3) The provisions of Article 70 (1) (latter part), (6), and (8), shall apply mutatis mutandis to broadcast speeches of the candidates, etc.


<Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>


(4) In cases of any broadcast speech for which television broadcasting facilities are used under paragraph (1), contents, other than the speech scene of a candidate or campaign speechmaker, the name, mark, the name of a political party to which a candidate belongs (including marks or symbols representing the relevant political party), career of a candidate, summary of a speech and statistics, shall not be broadcast; in cases where a candidate or campaign speechmaker intends to broadcast his/her speech by video recording, he/she shall utilize the relevant broadcasting facilities. 


<Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 9974, Jan. 25, 2010>


(5) A person who runs or manages broadcasting facilities shall notify the competent constituency election commission of the name of broadcasting facilities, date of utilization, time band, etc. for the election campaign  speech by a candidate or campaign speechmaker under paragraph (1), by not later than 30 days before the election day (in cases of a special election, etc., by not later than three days before the beginning day of the electoral register preparation period).


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 11207, Jan. 17, 2012>


(6) The constituency election commission shall designate and publicly announce, in advance, broadcasting facilities and schedules by unit of constituency which are to be used for the campaign speech under paragraph (1) by not later than three days before the beginning day of application for candidate registration (or the date immediately before the beginning day of application for candidate registration in by-elections), and notify a candidate thereof at the time of the application for candidate registration.


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 11207, Jan. 17, 2012>


(7) A candidate in the presidential election, if intending to make a campaign speech using the broadcasting facilities under paragraph (1), shall submit
an application in writing, specifying the name of the broadcasting facilities to be used, the date and time of use, the name of a campaign speechmaker, time needed, method of use no later than three days after the close of candidate registration (the close of supplemental registration, in case of a supplemental election) to the National Election Commission. 


(8) Where the date and time of use of the broadcasting facilities applied for by candidates (referring to the recommending party, in case of the party-recommended candidate) under paragraph (7) overlaps one another, the National Election Commission shall determine the date and time, but the relevant date and time shall be impartial to all candidates. In this case, if candidates fail to make a contract for using broadcasting facilities no later than 24 hours before the determined date and time, any person operating or managing such broadcasting facilities may broadcast any others on such time band.


<Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000>


(9) The National Election Commission shall, upon determining the date and time of broadcast under paragraph (8), announce it publicly and notify the
political parties or candidates thereof.


<Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000> 


(10) In the election of National Assembly members, proportional representative City/Do council members, and heads of local governments, a candidate, if
he/she intends to make a campaign speech using the broadcasting facilities under paragraph (1) 2 through 5, shall report the broadcasting facilities' name, date and time of use, time required, method of use, etc. in writing to the constituency election commission concerned, together with a copy of the contract for the use of broadcasting facilities entered into with a person who runs or manages the relevant broadcasting facilities, by no later than three days before the date of broadcast.


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5537, Apr. 30, 1998>


(11) A person who runs or manages the broadcasting facilities shall cooperate with a campaign speech using the broadcasting facilities under paragraph
(1), and treat all candidates equally in consideration of time bands of broadcast, broadcast areas, etc.


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


(12) The CATV broadcasting business operator (including the program providing business operator specializing in the news programs), CATV relay broadcasting business operator and Internet press agency under the Broadcasting Act, may air a relay broadcast of campaign speeches by the candidates, etc. In such cases, the said person or company shall treat all candidates who have made broadcast speeches, with impartiality.


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008>


(13) The form of the application for a campaign speech using the broadcasting facilities, ways of adjusting overlapped broadcasting dates and times, and other necessary matters shall be prescribed by Regulations of the National Election Commission.


<Amended by Act No. 6265, Feb. 16, 2000>