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Article 194
 

(Re-decision on Elected Persons and Reallocation of Seats of Proportional Representative National Assembly Members and of Proportional Representative Local Council Members) 


(1) If the judgment or decision on the invalidation of election for the reason of illegality in deciding the elected person under Articles 187, 188, 190 (1) through (3), or 191 becomes final, the constituency election commission concerned (the National Assembly, in cases where the National Assembly has decided on the person elected to presidency as provided in Article 187 (2) ) shall immediately redecide on the elected person.


<Amended by Act No. 6663, Mar. 7, 2002>


(2) If there exists a judgment or a decision on the invalidity of election for the reason of illegality in allocating the seats of proportional representative
National Assembly members or of proportional representative local council members and in deciding the elected persons thereof under Articles 189 and 190-2, or if a reelection due to the reasons under Article 197 is held, the competent constituency election commission shall immediately reallocate the seats and redecide on the elected persons.


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005>


(3) If the elected person in an election of a proportional representative National Assembly member or proportional representative local council member has resigned or died, or his/her election becomes invalidated as provided in Article 192 (2), or his/her election becomes nullified as provided in Article 192 (3), before his/her term begins, the constituency election commission shall decide the candidate recommended by the political party to which the elected person belongs at the time of the election as the elected person, in the order of the candidates roll for the proportional representative National Assembly members or proportional
representative local council members.


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


(4) In an election of a proportional representative National Assembly member or proportional representative local council member, when the revoting is
held for the causes as referred to in Article 198, the constituency election commission shall compute the ratio of obtained votes by summing up the obtained votes in the initial election and those in the revoting, and allocate the remaining seats in the descending order obtained by deducting the number of seats allocated already to each political party from the number obtained by multiplying such ratio of obtained votes by the fixed number of seats of the relevant constituency, and then decide the elected persons thereof. In this case, the provisions of Article 189 (1) through (5) shall apply mutatis mutandis to the election of proportional representative National Assembly members, and the provisions of Article 190-2 to the election of proportional representative local council members.


<Amended by Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>