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Article 82
 

(Interviews or Debates Supervised by Election Debate Broadcasting Committee)


(1) The Central Election Debate Broadcasting Committee shall hold interviews or debates in the presidential election and the election for proportional
representative National Assembly members under the conditions as prescribed in each of the following subparagraphs during an election campaign period:


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


1. Presidential election: Three or more times by inviting one or more persons, from among the candidates;


2. Election of proportional representative National Assembly members: Two or more times by inviting one or several persons designated by the representative of relevant political party, from among the candidates for proportional representative National Assembly members or persons who are able to conduct an election campaign (excluding candidates for National Assembly members of local constituency).


(2) The City/Do Election Debate Broadcasting Committee shall hold interviews or debates under conditions prescribed in each of the following subparagraphs for the election of the Mayor/Do Governor and the election of the proportional representative City/Do council members during an
election campaign period:


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


1. The election of the Mayor/Do Governor: One or more times by inviting several persons, from among the candidates;


2. The election of the proportional representative City/Do council members: One ore more times by inviting one or several persons who are designated by the representatives of the relevant political parties, from among candidates for the proportional representative City/Do council members or persons who are able to conduct an election campaign (excluding candidates for City/Do council members in a local constituency).


(3) The Gu/Si/Gun Election Debate Broadcasting Committee shall hold interviews, debates or joint broadcast campaign speech meeting one or
more times by inviting the candidates for the election of National Assembly members of local constituency and the election of the head of autonomous Gu/Si/Gun during an election campaign period. In such cases, the hour of joint broadcast campaign speech meeting shall be evenly alloted to each candidate within the limit of ten minutes.


<Amended by Act No. 7681, Aug. 4, 2005>


(4) When the Election Debate Broadcasting Committee of each level holds interviews or debates referred to in paragraphs (1) through (3), it shall
hold them by inviting the candidates falling under any one of the following subparagraphs. In such cases, candidates who are invited by the Election Debate Broadcasting Committee of each level to the interviews and debates shall participate therein unless justifiable grounds exist that make it impossible for them to do so:


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


1. The presidential election:


(a) Candidates recommended by the political parties having five or more National Assembly members belonging thereto;


(b) Candidates recommended by the political parties that have obtained 3/100 or more votes of the total number of nationwide valid ballots in the immediately preceding the presidential election, the election of the proportional representative National Assembly members, the election of the proportional representative City/Do council members or the election of the proportional representative autonomous Gu/Si/Gun council members;


(c) Candidates who occupy 5/100 or more support ratios averaging the results of public opinion poll conducted and publicized by the press under the conditions as set by Regulations of the National Election Commission during the period from 30 days prior to the beginning date of election period to the day immediately preceding the beginning date of election period;


2. The election of the proportional representative National Assembly members and election of the proportional representative City/Do council members:


(a) Candidates designated by the representative of political party falling under subparagraph 1 (a) or (b);
(b) Candidates designated by the representative of political party that has obtained 5/100 or more supports averaging the results of public opinion poll pursuant to subparagraph 1 (c);


3. The election of National Assembly members of local constituency and the election of the heads of local governments:


(a) Candidates recommended by the political parties falling under subparagraph 1 (a) or (b);


(b) Candidates who have obtained 10/100 or more votes of the total number of valid ballots by running for a presidential election, the election for National Assembly members of local constituency or the election for the heads of local governments (including the special elections, etc.) in the relevant constituency in the recent four years (including cases where the district of constituency was altered and the altered district overlaps with the district of
immediately preceding election); 


(c) Candidates whose support ratio averaging the results of public opinion poll referred to in subparagraph 1 (c) is 5/100 or more.


(5) The Election Debate Broadcasting Committee of each level may hold the interviews or debates for candidates who are not subject to the invitation
referred to in paragraph (4). In such cases, the time and frequency of the interviews and debates may be determined by Regulations of the National
Election Commission differently from the interviews and debates held for the candidates subject to the invitation referred to in paragraph (4).


<Newly Inserted by Act No. 7681, Aug. 4, 2005>


(6) The Election Debate Broadcasting Committee of each level shall, when any invited candidate fails to participate in the interviews or debates
without any justifiable grounds, in contravention of the latter part of paragraph (4), air the political party to which the relevant candidate belongs (any independent candidate is referred to as "independent"), the mark and name of the relevant candidate and the fact of his/her failure to participate therein when it begins the relay broadcasting provided for in paragraph (10) or (11) in order for electors to know the fact.


<Newly Inserted by Act No. 7681, Aug. 4, 2005>


(7) When the Election Debate Broadcasting Committee of each level holds interviews or debates referred to in paragraphs (1) through (3) and (5)
(including the joint broadcast campaign speech meeting; hereafter in this Article referred to as "interviews or debates"), it shall hold it impartially.


<Amended by Act No. 7681, Aug. 4, 2005>


(8) When any candidate announces the material violating this Act or takes the floor in excess of the alloted time in the interviews or debates, the
chairman of an Election Debate Broadcasting Committee of each level or a member nominated in advance by him/her may take necessary measures,
such as restraining him/her or making a superimposed explanation.


(9) When there exists any person who obstructs progress or upsets an order at the interviews or debates, the chairman of an Election Debate Broadcasting Committee of each level or a member nominated in advance by him/her may order a suspension of such an act, and when he/she
disobeys such order, may order him/her out of the interviews or debates.


(10) The publicly-operated broadcasting company shall make a relay broadcast of the interviews or debates through a TV broadcasting at its own
expense, and shall make a relay broadcast of the interviews and debates managed by the National Election Commission between 8 pm and 11 pm
of the same day as for the presidential election: Provided, That the same shall not apply to cases where a justifiable reason exists, such as
operating a nationwide broadcasting zone, etc. in the election of the National Assembly members of local constituency and the election of the
head of autonomous Gu/Si/Gun.


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


(11) When a publicly-operated broadcasting company is unable to make a relay broadcast under the proviso to paragraph (10) for the election of the
National Assembly members of local constituency and the election of the head of autonomous Gu/Si/Gun, the Gu/Si/Gun Election Debate Broadcasting Committee may order to make a relay broadcast of the interviews or debates through the TV broadcasting by utilizing the broadcasting facilities of other ground wave broadcasting business operator or the composite cable TV business operator. In such cases, any fees for using the relevant broadcasting facilities shall be borne by the State and the relevant local government.


<Amended by Act No. 7681, Aug. 4, 2005>


(12) When the Election Debate Broadcasting Committee of each level holds the interviews or debates, it may conduct a superimposed broadcasting or
a sign language interpretation for the hearing impaired electors.


<Amended by Act No. 7681, Aug. 4, 2005>


(13) The broadcasting business operator, CATV relay broadcasting business operator or Internet press agency referred to in Article 2 of the
Broadcasting Act may make a relay broadcast of the interviews or debates at his/her own expense. In such cases, he/she shall make a relay broadcast without any editing.


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


(14) The procedures for progress of the interviews or debates, publicity for their holdings, computation and payment of the fees for using broadcasting
facilities, and other necessary matters shall be stipulated by Regulations of the National Election Commission.


[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]