Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 140

(Restriction on Holding and Announcing Rally for Formation of Political Parties)

(1) A political party, where holding a rally for its formation, merger, or reorganization, or the election for selecting candidates (hereafter in this
Article, referred to as "political party formation rally, etc.") during the period from 120 days before the election day (in cases of a special election etc. whose reasons for holding have become definite after 120 days prior to the election day, the time when the reason for holding the said election has become definite) to the election day, shall hold it only with the party members (in cases of a rally for selection of candidates, including those who are not the party members having the voting right to select the candidate for an election for public officials of the relevant political party) at a place which is not an open place where the multitudes pass on, but any persons who are not members of the party may be invited to a socially acceptable extent.

(2) A political party supervising a rally for party formation or others under paragraph (1) may put up five or fewer signs at the place where a rally
for party formation is held, in addition to a public announcement inserted in a newspaper provided for in the provisions of Article 10 of the Political Parties Act. In such cases, the public announcement of the newspaper and sign shall not include a photograph and name (including particulars by which the name may be analogized) of the candidate (including the person who intends to be a candidate; hereafter the same shall apply in this paragraph), or an advertisement of the candidate such as a propaganda slogan.

(3) The term "rally for reorganization" referred to in paragraph (1) means an assembly such as the general meeting of party members or the meeting of
representative organs which is held for dealing with a matter concerning structural reorganization in regard to party constitution or party regulations such as a change of the party representative, and "rally for election of a candidate" means an assembly which is held under Article 57-2 of the Political Parties Act for the election, by party branches of various classes, of the candidate recommended by the relevant political party for the election under this Act. <Newly Inserted by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>

(4) The signs provided in paragraph (2) shall be removed by the sponsor promptly after the rally concerned is finished.