Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 137

(Restriction on Newspaper Advertisement, etc. of Party Platform and Policies)

(1) Where a political party intends to run any advertisement for the promotion of platform and policies of a political party, the recruitment of political party members and applicants for candidacy, membership dues or political fund-raising (limited to cases of presidential elections), or opinion gathering on slogans, design, policy and others to be used by a political party or party-recommended candidate during an election in newspapers under subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, etc., and periodicals under subparagraph 1 of Article 2 of the Act on Promotion of Periodicals, Including Magazines (hereafter referred to as "daily newspaper, etc." in this Article) at the time when an election is close at hand, it shall make such advertisement according to the following subparagraphs and shall not make such advertisement during the election period:

1. Election due to the expiration of term: It shall be made by the central party of a political party up to 70 times in total by means of a daily newspaper, etc. from 90 days before the election day to a day before the beginning day of the election period;

2. Election, reelection (excluding a reelection provided in Article 197; hereafter the same shall apply in this paragraph), or postponed election due to a presidential vacancy: It shall be made by the central party of a political party up to 20 times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes final to a day before the beginning day of the election period;

3. Special election, reelection, or postponed election other than those provided in subparagraph 2: It shall be made by the central party of a political party up to ten times in total by means of a daily newspaper, etc. from the time when the cause for holding the election becomes final to a day before the beginning day of the election period.

(2) The size of one advertisement in a daily newspaper, etc. provided in paragraph (1) shall be 37 centimeters in width and 17 centimeters in length at the most, and the photograph, name (including particulars by which it is possible to analogize the name) of a person intending to be a candidate, and other contents leading to an election campaign, shall not be inserted therein.

(3) The provisions of the latter part of Article 69 (1) (referring to frequency of advertisements), (2), (5), (8) and (9), shall apply mutatis mutandis to the advertisement to be run in a daily newspaper, etc. under paragraph (1). In such cases, the term "candidate" shall be deemed "political party".