Home > 3.2 Proportional systems > KOREA - Public Offical Election Act
 
 
 
Download file    
 
 
Article 189
 

(Allocation of Seats of Proportional Representative National Assembly Members and Decision on, Announcement and Notification of Elected Persons)


(1) The National Election Commission shall allocate the seats of the proportional representative National Assembly members to each political party which has obtained 3/100 or more of the total valid votes in the election for a proportional representative National Assembly member or five or more seats in the general election for the local constituency National Assembly members (hereafter in this Article, referred to as the "seat-allocated party"), in proportion of the votes obtained by the relevant seat-allocated party in the election for the proportional representative National Assembly members.


(2) Percentage of the obtained votes under paragraph (1) shall be calculated by dividing the number of votes obtained by a seat-allocated party by the
total sum of votes obtained by all seat-allocated parties.


(3) The seats of the proportional representative National Assembly members shall be first allocated to the relevant political party by an integral number of the numbers computed by multiplying the percentage of votes obtained by each seat-allocated party by the fixed number of seats of the proportional representative National Assembly members (hereafter referring to as the "seats"), and the remaining seats shall be allocated one by one to each political party in the descending order of less than a decimal point, but when the said number is equal, it shall be determined by lot among the relevant political parties.


(4) The National Election Commission shall determine the persons elected to the proportional representative National Assembly members allocated to a political party, in the order of becoming the elected persons listed in the submitted roll of candidates for the proportional representative National Assembly members by political parties. 


(5) If the number of the seats of the proportional representative National Assembly members allocated to a political party exceeds the number of candidates for the proportional representative National Assembly members recommended by the party, the seats in excess shall be left vacant.


(6) Where the causes for the revoting under the provisions of Article 198 have occurred in the election for the proportional representative National Assembly members, the National Election Commission shall determine the elected persons by allocating the seats of the proportional representative National Assembly members pursuant to the provisions of paragraphs (1) through (4), after deducting from the fixed number of seats an integral number (a fraction falling short of 1 shall be regarded as 1) of the number obtained by multiplying the number derived from dividing the electors of said voting district by the number of nationwide electors: Provided, That where it is expected that the seat-allocated party will be added as a result of the revoting, the seats of an integral number (a
fraction falling short of 1 shall be regarded as 1) equivalent to 3/100 of the fixed number of seats shall be separately deducted for each political party expected to be added.


(7) When the persons elected to the proportional representative National Assembly members have been determined, the chairman of the National Election Commission shall publicly notify the said name list, and promptly notify each political party thereof, and deliver the certificate for winning the election to each elected person. 


(8) Provisions of Article 187 (4) shall apply mutatis mutandis to the decision on the persons elected to the proportional representative National Assembly members. 


[This Article Wholly Amended by Act No. 7189, Mar. 12, 2004]


<This Article was amended by Act No. 7189, promulgated March 12, 2004 pursuant to the decision of unconstitutionality by the Constitutional Court
made on July 19, 2001>