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Article 190
 

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


(1) In the election of the proportional representative local council members, the competent constituency election commission shall preferentially allocate
the seats of the integral number calculated by multiplying the fixed number of the proportional representative local council members by the ratio of votes obtained in the relevant election to each political party that obtains not less than 5/100 of the total number of valid votes (hereafter in this Article referred to as the "seat-allocated political party") and allocate one remaining seat to each seat-allocated party in order of the large fraction number and when the same fraction number exists, the one remaining seat shall be allocated to the political party that obtains the larger number of votes and if the same number of votes are obtained, the allocation of the remaining seat shall be determined by lot between the political parties concerned. In the case, the ratio of votes obtained shall
be calculated by dividing the number of votes obtained by each seat-allocated party by the total number of votes obtained by all seat-allocated parties and by rounding off 5 decimal point. 


(2) In the election of the proportional representative City/Do council members, when not less than 2/3 of the fixed number of seats are allocated to any
single political party, the integral number of seats which falls under 2/3 of the fixed number shall be first allocated to the political party and with respect to the remaining seats, the fixed number of seats whose number is obtained by the multiplication of the remaining seats by the ratio of votes obtained among remaining seat-allocated political parties shall be allocated to the remaining seat-allocated political parties and when remaining seats exist thereafter, one seat shall be allocated to the remaining seat-allocated political parties in order of the large fraction number: Provided, That in case where there is no seat-allocated political party other than the political parties that are allocated 2/3 of the fixed number of seats, the integral number of seats which is obtained by the multiplication of the remaining seats by the ratio of votes obtained by political parties that are not seat-allocated political parties shall be first allocated to such political parties and if remaining seats exist, one seat shall be allocated to each political party in order of large fraction number. In this case, the provisions of paragraph (1) shall apply mutatis mutandis to the calculation  of the ratio of votes obtained and the allocation of seats in the case of the same fraction number.


(3) In the election of the proportional representative local council members, when grounds for revoting provided for in the provisions of Article 198 accrue, the competent constituency election commission shall allocate the seats of the proportional representative council members and determine elected persons according to the provisions of paragraphs (1) and (2) after subtracting the fixed number that is obtained by the multiplication of the integral number (the fraction number of not more than 1 shall be deemed 1) of the proportional representative local council members by the number obtained by dividing the number of electors of the voting district by the number of electors of the relevant constituency from the fixed number of the proportional representative council members: Provided, That when it is expected to add a seat-allocated political party as a result of revoting from among political parties that are excluded from the allocation of the seats of the proportional representative local council members, the integral number of seats falling under 5/100 (the fraction number of not more than 1 shall be deemed 1) of the fixed number of the proportional representative local council members shall be separately subtracted for every political party that is expected to be added. 


(4) The provisions of Articles 187 (4) and 189 (4), (5) and (7) shall apply mutatis mutandis to the decision on the elected proportional representative local council members. In this case, the "National Election Commission" shall be deemed the "competent constituency election commission" and the "proportional representative National Assembly members" shall be deemed the "proportional representative local council members," respectively.


[This Article Newly Inserted by Act No. 7681, Aug. 4, 2005]