Home > 1.3.2.3 Counting procedures/validity of ballots > KOREA - Public Offical Election Act
 
 
 
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Article 181
 

(Witness of Ballot Counting)


(1) A Gu/Si/Gun election commission shall have the ballot-counting witnesses witness the ballot counting in the ballot-counting place.


(2) In the election held in the area under jurisdiction of the Gu/Si/Gun election commission, the political party recommending a candidate and an independent candidate shall select six ballot-counting witnesses and three ballot-counting witnesses, respectively and report in writing to the Gu/Si/Gun election commission concerned so as to have them witness the election, no later than a day before the election day. The ballot-counting witness may be replaced at any time after the report, and on the ballot counting day, he/she may be replaced and reported at the ballot-counting place.


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>


(3) If there is no report on the ballot-counting witness as provided in paragraph (2) or there is only the ballot-counting witness selected by one political party or one candidate, those who are selected up to 12 (nine in the election of the autonomous Gu/Si/Gun council members from a local constituency) by the Gu/Si/Gun election commission from among the electors with their own consent, shall be the ballot-counting witnesses.


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 11207, Jan. 17, 2012>


(4) A ballot-counting witness selected by the Gu/Si/Gun election commission as provided in paragraph (3) shall not refuse serving as the witness or
resign his/her post without a justifiable reason. 


(5) The ballot-counting witness may witness the procedure for handing over and taking over the ballot box sent from the voting district, inspect the
closure and sealing of the ballot box, and witness the management thereof.


(6) The Gu/Si/Gun election commission shall provide the ballot-counting witnesses with seats so as to witness the proceeding of the ballot counting at a near distance (not less than one meter nor more than two meters) enough to identify the contents of the ballot counting.


(7) Where a ballot-counting witness finds any illegal matter concerning the ballot counting and demands the correction thereof, the Gu/Si/Gun election
commission shall correct it if the demand is deemed justifiable. 


(8) A ballot-counting witness may, at any time, go round the ballotcounting place to watch or take a photograph of the ballot-counting situation, and  in stall telephones, computers and other communication equipment at such places as designated by the chairman of the Gu/Si/Gun election  commission in the ballot-counting place or the general spectators' gallery, and use such equipment to inform a candidate or political party of the ballot-counting proceeding.


(9) Where deemed necessary for a smooth management of the ballotcounting, the Gu/Si/Gun election commission may have the ballot witnesses witness
the ballot counting by turns. In this case, the said witnesses shall be allowed to witness the ballot counting in shifts of one half of the number of witnesses by the political parties and by candidates.


<Amended by Act No. 7189, Mar. 12, 2004>


(10) Deleted. <by Act No. 6265, Feb. 16, 2000>


(11) The provisions of Article 161 (7) shall apply mutatis mutandis to the ballot-counting witnesses. In this case, the term "voting witness" means the "ballot-counting witness". 


(12) The form of the report on ballot-counting witnesses, and other necessary matters shall be prescribed by Regulations of the National Election Commission.