Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 190

(Decision on, Announcement and Notification of Elected Local Council Members of Local Constituency)

(1) In the election of the City/Do council members of local constituency and the autonomous Gu/Si/Gun council members of local constituency, the
constituency election commission shall decide the person who has obtained a majority of the valid votes in the relevant constituency (in the election
of autonomous Gu/Si/Gun council members of local constituency, it refers to those who fill up the fixed number of the council members in the descending order from the person who has obtained the most valid votes; hereafter the same shall apply in this Article) as elected person: Provided, That if two or more persons have obtained the most votes, the elected person shall be decided in the order of seniority.

(2) Where the candidates do not exceed the fixed number of the council members to be elected in the relevant constituency at the time when the candidate registration is closed, or where the number of candidates becomes smaller than the fixed number of the council members to be elected in the relevant constituency from the close of candidate registration to the beginning of the voting on the election day as the candidates have resigned or deceased or their registrations are nullified, the voting shall not be held and the candidates shall be decided as the elected persons on the election day.

(3) The provisions of Articles 187 (4) and 188 (3) through (6) shall apply mutatis mutandis to the decision on, announcement and notification of the
elected local council members of local constituency. In such cases, the term "candidate for National Assembly member of local constituency" means the "candidates for the local council members of local constituency"; the term "where the number of candidates becomes one" means "where the number of candidates becomes smaller than the fixed number of the council members"; the term "local constituency for the National Assembly member" means the "election district".

(4) through (9) Deleted. <by Act No. 7681, Aug. 4, 2005>