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Article 86
 

(Public Officials, etc. Prohibited from Acts of Having Effects on Election)


(1) A public official (excluding a National Assembly member, his/her assistant, chief secretary, and secretary, and a local council member), the
master of a ship which a seafarer who has filed a shipboard polling report is on board, full-time executive or employee of an institution provided in Article 53 (1) 4 and 6, the head of Tong/Ri/Ban, the members of residents' self-governing committee, a company commander or a higher-ranking officer of the Homeland Reserve Forces, a full-time executive or employee of a national movement organization established pursuant to a special Act and contributed or subsidized by the State or a local government (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) shall not commit any of the following acts: 


<Amended by Act No. 5412, Nov. 14, 1997; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4,
2005; Act No. 9974, Jan. 25, 2010; Act No. 11207, Jan. 17, 2012; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014>


1. Promoting the achievements of a specific political party or a candidate (including a person who intends to be a candidate; hereafter the same
shall also apply in this paragraph) toward the personnel under his/her supervision or the electors, regardless of the pretext of education or whatever;


2. Participating in the planning of an election campaign or in the implementation of such planning by using a status;


3. Surveying or publishing a support rate of the electors for a political party or candidate;


4. Deleted; <by Act No. 9974, Jan. 25, 2010> 


5. Holding a ground-breaking ceremony, during the election campaign period, for a construction work which is not to be immediately proceeded, from among the projects to be executed out of the budget of the State or local governments; 


6. Taking a business trip for something other than a normal business purpose during the election campaign period;


7. Visiting any institution or facilities related to his/her duties, on leave, during an election campaign period.


(2) The head of a local government (including public officials belonging to such local government, in cases falling under subparagraph 4) shall not
commit any act under any of the following subparagraphs from 60 days prior to the election day (in cases of a special election, etc. holding reasons of which have become definite after 60 days prior to the election day, from the time when the reasons for holding the election have become definite) to the election day:


<Newly Inserted by Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 9974, Jan. 25, 2010>


1. Deleted; <by Act No. 7189, Mar. 12, 2004; Act No. 10981, Jul. 28, 2011>


2. Advertising or propagating the platforms, policies, doctrine and advocacy of the party to the residents in the constituency: Provided, That the same shall not apply to cases where he/she becomes a preliminary candidate or a candidate for an election of the head of relevant local government;


3. Attending all political events held by a political party such as a lecture meeting on the current situation, campaign meeting, or rally for
training and unity of party members, etc. with the exception of a rally for formation of a political party, merger of parties, party reorganization, or election of candidates, or visiting an election campaign organization, election campaign office, or election campaign liaison office: Provided, That the same shall not apply to cases where he/she becomes a preliminary candidate or a candidate for the election of the head of the local government concerned, or where he/she pays a courtesy call as a member of a political party to any political party's public open meetings organized only for its members by the political party whereto he/she belongs;


4. Holding or supporting cultural lectures, project explanation meetings, public hearings, meetings of professional groups, athletics meetings,
entertaining events for the aged, counselling of petition by general public, or other various events, with the exception of those under the following items:


(a) Holding or supporting the events to be held or supported under the Acts and subordinate statutes;
(b) Holding or supporting events whose purposes may not be achieved unless they are held on a special day or during a specific period of time;
(c) Relieving or restoring damages or losses from natural disasters, or other hazards; 
(d) Holding or supporting vocational support education or provision of cultural lectures at some costs, or supporting cultural lectures to be held by the residents' self-governing center: Provided, That this shall not include supporting the opening of a new lecture in excess of previous scope, or increasing the number of participants, or supporting cultural lectures by the residents' self-governing center to be conducted by relocating its place;
(e) Solving a group civil petition or an urgent civil petition when it takes place;
(f) Acts equivalent to those under items (a) through (e), as prescribed by Regulations of the National Election Commission;


5. Attending the meetings organized by a head of Tong/Ri/Ban: Provided, That this shall not apply to cases of natural disasters or other hazards,
or of a group civil petition or an urgent civil petition when it takes place.


(3) and (4) Deleted. <by Act No. 9974, Jan. 25, 2010>


(5) Except for the acts falling under any of the following subparagraphs, the head of a local government (including public officials belonging to such
local government) shall not publish, distribute or broadcast the publicity Articles (including publicity papers, news bulletins, publications, facilities,
sound recordings, visual records and other publicity Articles, and the cases utilizing newspapers and broadcasting) to inform the residents of the plans
for projects, process records and other activities of local government in excess of one kind and one time per quarter; may not publish, distribute
or broadcast the publicity Articles from 180 days (in case of a special election, etc., the day when the ground for holding an election is confirmed; hereafter the same shall apply in paragraph (6) ) before the election day of the head of relevant local government to the election day:


<Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7850, Mar. 2, 2006; Act No. 9974, Jan. 25, 2010>


1. Publishing, distributing or broadcasting the publicity Articles which are prescribed to do so by the Acts and subordinate statutes;
2. Obtaining the consent of persons and residents interested in specially designated projects in order to carry out such projects;
3. Solving a group civil petition or an urgent civil petition when it takes place;
4. Other acts equivalent to those referred to in the above subparagraphs and which are prescribed by Regulations of the National Election
Commission.


(6) The head of a local government may not attend the lecture on culture to be held by the residents' self-governing center, any event held by
organizations, other than public institutions, (including events held in the buildings of the relevant local governments) during his/her office hours
from 180 days before the election day of the head of such a local government to the election day: Provided, That the same shall not apply
to events he/she may attend or visit under paragraph (2) 3.


<Newly Inserted by Act No. 5537, Apr. 30, 1998; Act No. 6663, Mar. 7, 2002; Act No. 9974, Jan. 25, 2010>


(7) No head of local governments may make an appearance in broadcasting, newspapers, magazines or other advertisements, without distinction of tasks
under his/her jurisdiction or other pretexts.


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