Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 201

(Special Cases on Special Election, etc.)

(1) If the term is less than one year from the election day to the expiration day of the term of office, or a fourth or more of the fixed number of
the local council members is not vacant (excluding cases of a reelection held when the term until the expiration day of the term of office is at least one year, a postponed election, or the revoting), a special election (excluding the presidential election, election of a proportional representative National Assembly member and a proportional representative local council member; hereafter the same shall apply in this paragraph) may not be held. In such cases, where the special election is held because a fourth or more of the fixed number of the local council members becomes vacant, it shall be held for the total vacant council
members thereof.

(2) Where litigation on an election is pending under Article 219 (2) or 223, a special election shall not be held.

(3) Where a special election, reelection, postponed election, or revoting for a local council member is held, if the area of the constituency extends over the area under jurisdiction of any other local government corresponding to the local government to which the council member belongs because of a change in the territorial jurisdiction of the latter, the area under jurisdiction of the local government concerned shall be the area of the competent constituency.

(4) Even if the reason for holding a special election occurs, when choosing not to hold the special election for the reason that falls under the former part of paragraph (1), the fact thereof shall be announced within ten days after the reason for holding a special election becomes final, and the President shall notify the competent constituency election commission in cases of a special election for the National Assembly members, and the chairman of the competent constituency election commission shall notify the chairman of a local council and the head of a local government concerned in cases of a special election for the local council members or the head of the local government. In such cases, the reason for holding the election shall be considered to have not been final, notwithstanding
the provisions of Article 35 (5).

(5) When the special election, etc. is held pursuant to the latter part of paragraph (1), such special election shall be held within 60 days after the date on which reasons for holding the relevant election are confirmed, notwithstanding the provisions of Article 35 (2) 1, and the chairman of the competent constituency election commission shall publicly notify the election day by not later than 30 days before the election day: Provided, That when the election day of the special election, etc. occurs between 40 days before the commencing date of the election period of a special election, etc. which is held on the last Wednesday of April or October under Article 35 (2) 1 and 30 days after the election day, an election shall be held along with such special election, respectively.

(6) "The time of confirming grounds for holding an election", including special elections held under the latter half of paragraph (1) and (5), refers to the date on which the competent constituency election commission is notified of a vacancy in members, which falls under the vacancy of not less than 1/4 of the fixed number of local council members, by the head of the relevant local council, notwithstanding the provisions of Article 35 (5).

(7) In a by-election (excluding a by-election held simultaneously along with an election, re-election, or deferred election held due to a presidential vacancy or an election held upon the expiration of a term of office), a person who has an abode outside of the constituency (referring to the area within jurisdiction of the competent Gu/Si/Gun, if the constituency is smaller than the area within jurisdiction of the competent Gu/Si/Gun) in which the by-election is held may also file an abode polling report and vote in accordance with the process applicable to abode voters under Article 158-2, in addition to persons specified in Article 38 (4) 1 through 5.