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Article 192
 

(Invalidation, etc. of Election due to Forfeiture of Eligibility)


(1) A person who is ineligible for election on the election day shall not be elected.


(2) Where an elected person becomes ineligible for election before his/her term begins, the election shall be invalidated.


(3) Where the elected person falls under any one of the following subparagraphs before his/her term begins, his/her election shall be invalidated:


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010; Act No. 10067, Mar .12, 2010>


1. Where the elected person is found to have won the election, in contravention of paragraph (1);


2. Where the elected person is found to fall under any ground for nullification of the registration under any subparagraph of Article 52 (1) or paragraphs (2) and (3) of the same Article;


3. Where the elected person as the proportional representative National Assembly member or the proportional representative local council member has seceded from his/her party or changed his/her party membership for reasons other than a merger, dissolution, or expulsion, or he/she holds two or more party memberships (including the person who has held two or more party memberships at the time when the elected person is decided).


(4) A proportional representative National Assembly member or a proportional representative local council member, where seceding from his/her party or
changing his/her party membership for reasons other than a merger, dissolution, or expulsion, or holding two or more party memberships, shall be relieved of his/her office, notwithstanding Article 136 of the National Assembly Act or Article 78 of the Local Autonomy Act: Provided, That this shall not apply to cases where a proportional representative National Assembly member has been elected to the Speaker, and strikes his/her name off the party register under the National Assembly Act.


<Amended by Act No. 4947, Apr. 1, 1995; Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005; Act No. 8423, May 11, 2007>


(5) In cases of paragraphs (2) and (3), the competent constituency election commission (the National Assembly, in cases where the National Assembly has decided on the person elected to presidency under Article 187 (2) ) shall publicly announce the facts thereof and notify the elected person and the political party which has recommended him/her thereof, and shall notify the Speaker of the National Assembly thereof where the person whose election has been invalidated or nullified is the one elected to presidency or National Assembly membership, and the chairman of the local council concerned thereof where the person is the one elected as the local council member and the head of the local government.