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Article 122

(Filling, etc. of Election Expenses)

(1) The constituency election commission shall, after the election day, replenish under the provisions of each of the following subparagraphs the election expenses (referring to the election expenses deemed to have been lawfully paid, which are stated in the accounting report that is submitted pursuant to Article 40 of the Political Funds Act) paid by the candidate (referring to the political party that recommends its candidate in the presidential election, in the election of the proportional representative National Assembly members or in the election of the proportional representative local council members; hereafter the same shall apply in this Article) for the election campaign under this Act, at the expenses of the State in the presidential election and the election of National Assembly members, and at the expenses of relevant local governments in the election of local council members and the heads of local governments, within the limit of expenses publicly notified under Article 122:

<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>

1. The presidential election, the election of National Assembly members of local constituency, the election of the local council member of local
constituency and the election of the heads of local governments: 

(a) Cases where a candidate has been elected or deceased, or where the number of votes obtained by a candidate has been 15/100 or more
of the total number of valid ballots: Whole amount of election expenses paid by a candidate;
(b) Cases where the number of votes obtained by a candidate has been not less than 10/100 but less than 15/100 of the total number of valid ballots: Amounts equivalent to 50/100 of election expenses paid by a candidate;

2. The election of the proportional representative National Assembly members and the election of the proportional representative local council members: Whole amount of election expenses paid by the relevant political party in cases where there is an elected person, from among the candidates listed in the candidates roster.

(2) Expenses falling under any of the following subparagraphs shall not be replenished in the replenishment of the election expenses provided for in
paragraph (1):

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

1. Election expenses spent by preliminary candidates;
2. Expenses that are not reported or falsely reported in the accounting report that is submitted pursuant to the provisions of Article 40 of the Political Funds Act;
3. Expenses that are spent to wage the election campaign that violates this Act or the regulations for the restriction on contribution act;
4. Expenses for correcting or deleting the details of campaign posters and campaign bulletins, after they are submitted to the competent Gu/Si/Gun election commission under Article 64 or 65; 
5. Allowances, actual expenses and other expenses that are paid in connection with the election campaign, except those provided for in
this Act;
6. Expenses for which legitimate receipts and documentary evidence that prove their spending are not attached, without any justifiable grounds;
7. Expenses that are not actually paid by candidates and political parties by using vehicles, equipment and goods, etc. owned by candidates or vehicles, equipment and goods, etc. that are furnished or rented free of charge by or from the families of candidates, political parties to which they belong or third persons;
8. Where the claimed amount of expenses is extremely high without any justifiable grounds compared with normal trading prices or rental prices
that are calculated according to the standards set by Regulations of the National Election Commission, the expenses of excessive value;
9. Expenses incurred in renting, purchasing and manufacturing vehicles, equipment and goods, etc. that are not used for the election campaign;
10. Charges for mobile phone calls and fees for information usage; Provided, That call charges borne by a candidate shall be replenished, from among charges for mobile phone calls used for election campaigns during the election campaign period by a candidate, his/her spouse, election campaign manager, the chief of an election liaison office and accountants in charge;
11. Other expenses prescribed by Regulations of the National Election Commissionas being corresponding to the expenses referred to in each
of above subparagraphs.

(3) The following expenses shall be borne by the State or a local government for candidates. The expenses specified in subparagraphs 3-2 and 5 shall
be borne by the State in such cases:

<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8232, Jan. 3, 2007; Act No. 8879, Feb. 29, 2008; Act No. 9974, Jan. 25, 2010; Act No. 12267, Jan. 17, 2014>

1. Expenses for pasting and removing campaign posters under Article 64; 

2. Expenses for preparing campaign bulletins in braille (including the open data on candidates under Article 65 (9); the same shall apply hereafter in this subparagraph) pursuant to Article 65, and the expenses for sending and postage of booklet-type election campaign bulletins (including election campaign bulletins in braille and the open data on candidates under Article 65 (9)) and leaflet-type campaign bulletins pursuant to Article 65;

3. Expenses for making campaign bulletins in braille under Article 66 (8);

3-2. Allowances and actual expenses for assistants;

4. Expenses for holding the interviews or debates (including a joint broadcast speech meeting) under Article 82-2;

5. Expenses for holding the policy debates under Article 82-3; 

6. Allowances and the cost of meals for the voting witnesses under Article 161 and for the advance polling witnesses under Article 162;

7. Allowances and the cost of meals for the ballot counting witnesses under Article 181.

(4) Methods of calculating expenses and filing the claim for the replenishment provided for paragraphs (1) through (3) and other necessary matters shall be prescribed by Regulations of the National Election Commission. 

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

[This Article Newly Inserted by Act No. 6265, Feb. 16, 2000]