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Article 135
 

(Restriction on Filling Election Expenses)


(1) Every constituency election commission shall not, in filling the election expenses pursuant to this Act, fill the relevant expenses, in cases where
the accountant in charge of the election office failed to submit the accounting report provided for in the provisions of Article 40 of the Political Funds Act by the closing day of submission, without any justifiable reason.


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


(2) Every constituency election commission shall not, in cases where the candidate, preliminary candidate, election manager or accountant in charge
of the election office committed the crimes provided for in this Act or Article 49 of the Political Funds Act, with respect to the relevant election, and the judgment of conviction was finalized, or where the expenses were disbursed in excess of the restricted amount of election expenses, fill the amount equivalent to two times the expenses required for the relevant offenses or those disbursed in excess of the restricted amount of election expenses.


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


(3) Notwithstanding paragraph (2), if where a person who had received a donation from by a political party, a candidate (including a preliminary
candidate) or his/her family member, a campaign manager, the head of an election liaison office, an election worker, a chief accountant or election
speechmaker was punished by a fine for negligence under Article 261 (9), the constituency election commission shall deduct the amount equivalent to 5 times the expenses incurred in the donation from the expenses to be compensated for under this Act.


<Newly Inserted by Act No. 8879, Feb. 29, 2008; Act No. 9974, Jan. 25, 2010; Act No. 12393, Feb. 13, 2014>


(4) Where those provided in paragraph (2) are indicted for committing any crime provided for in this Act or Article 49 of the Political Funds Act or
accused by the election commission, the filling of the amount equivalent to two times the expenses incurred for the relevant offenses shall be deferred until the sentence is finalized.


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


(5) Every constituency election commission shall, in cases where the ground for not filling the election expenses under paragraphs (1) through (3) is
found after the filling thereof is made to the political party or candidate, notify the relevant political party or candidate of the relevant fact, and order the return of the amount equivalent to paragraphs (1) through (3) from among the filled expense amounts. In such cases, the political party or candidate shall return it to the relevant constituency election commission within 30 days from the date on which it or he/she receives the order for return.


<Amended by Act No. 8879, Feb. 29, 2008>


(6) The constituency election commission shall, in cases where the political party or candidate has failed to return the relevant amount within the deadline under the latter part of paragraph (5), entrust the head of the competent tax office with its collection in cases of presidential election and elections of National Assembly members, and the head of competent tax office shall collect it in the same manner as the disposition on default of national taxes and pay to the State, and entrust the head of a local government with its collection in case of the election of local council members and the head of the local government, and the head of the local government shall collect in the same manner as the disposition on default of local taxes and pay to the local government.


<Amended by Act No. 8879, Feb. 29, 2008>


(7) The calculation of expenses not to be filled and other necessary matters shall be prescribed by Regulations of the National Election Commission.


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