Home > 4.2 Presidential elections > KOREA - Public Offical Election Act
Download file    
Article 200

(Special Election)

(1) If the office of any constituency National Assembly member, any local council member of local constituency or the head of the local government
becomes vacant, a special election shall be held.

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

(2) If the office of a proportional representative National Assembly member or a proportional representative local council member becomes vacant, the constituency election commission shall decide the person to succeed to the seat of the vacant member in the order of the roll of candidates for the proportional representative National Assembly members and for the proportional representative local members of the political party to which the vacant member belonged at the time of his/her election, within ten days after it receives the notification of such vacancy: Provided, That the same shall not apply to cases where the political party is dissolved or a vacancy occurs within 120 days before the date on which his/her term of office expires.

<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>

<The proviso to this paragraph was amended in accordance with the decision on unconstitutionality made by the Constitutional Court on June 26, 2009 and October 29, 2009, pursuant to Act No. 9974 on January 25, 2010>

(3) If the presidency becomes vacant, the person acting for the President shall immediately notify the National Election Commission thereof.

(4) If the office of a National Assembly member becomes vacant, the Speaker of the National Assembly shall notify the President and the National Election Commission thereof. 

(5) If the office of a local council member becomes vacant, the chairman of the local council concerned shall notify the head of the local government concerned and the competent constituency election commission thereof, and if the office of the head of a local government becomes vacant, the person acting for the head of the local government shall notify the chairman of the local council concerned and the competent constituency election commission thereof.

(6) Where there exists no notification of vacancy under paragraph (4) or (5) by the time of an application for candidate's registration even though the said member has retired from office under Article 53, the said notification shall be deemed to have been received when he/she was registered as a candidate therefor.

<Newly Inserted by Act No. 7189, Mar. 12, 2004>