Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 166

(Prohibition, etc. of Noisy Speeches and Behaviors Inside and Outside of Polling Stations)

(1) If a person makes a noisy speech or behavior or makes a speech or behavior supporting or opposing a specific political party or candidate within 100 meters from the polling station, officials in charge of voting management or voting clerks shall restrain it, and if he/she refuses complying therewith, he/she shall be compelled to withdraw from the polling station or beyond the restricted distance. In such cases, the officials in charge of voting management or voting clerks, if necessary, may request for assistance to a police officer in uniform or the chief of a police station.

(2) Any elector who is compelled to withdraw from a polling station under paragraph (1) shall vote after all others: Provided, That officials in charge of voting management, if deeming that there is no possibility that the elector disturbs the order of the polling station, may have him/her vote even before all others.

(3) No one shall carry any mark that may have an effect on the election, such as wearing an armband and breastband, except in cases where he/she wears or attaches a mark provided in Article 163 (2).

(4) The provisions of Article 164 (2) and (3) shall apply mutatis mutandis to the prohibition of a noisy speech and behavior inside and outside a polling station.

(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to the prohibition, etc. of noisy speeches and behaviors inside and outside of advance polling stations. In such cases, the "official in charge of voting management" shall be construed as "official in charge of advance polling management", the term "voting clerk" as "advance polling clerk", and the term "on election day" as "inside of an advance polling station".