Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 218

(Establishment and Operation of Overseas Election Commission)

(1) Whenever a presidential election and an election of members of the National Assembly according to the termination of the term of membership are held, the National Election Commission shall establish and operate an overseas election commission for the fair administration of an overseas election in every mission under Article 2 of the Act on the Establishment of Overseas Diplomatic and Consular Missions of the Republic of Korea (including a branch mission or a branch office under Article 3 of the same Act, and excluding a mission not conducting consular affairs or without its consular jurisdiction and a mission where an office of the mission is not established in the consular jurisdiction; hereafter referred to as a "mission" in this CHAPTER) from 180 days before the election day to 30 days after the election day: Provided, That in cases of an election and a reelection due to a vacancy of the President, the National Election Commission shall establish and operate overseas election commissions within ten days from the date when a reason for holding the election has been decided.

(2) An overseas election commission shall be comprised of not more than two members appointed by the National Election Commission and members commissioned by the National Election Commission, such as one person each recommended by each party which has organized a negotiation body in the National Assembly, the head of a mission or one person recommended by the head of a mission from among officials of the mission, and a quorum of members shall be an odd number: Provided, That the number of incumbent members shall be deemed the quorum of members if the number of political parties that have organized a negotiation body in the National Assembly after the overseas election commission is organized.

(3) Any of the following persons shall not be a member of an overseas election commission:

1. A person who has no right to vote a member of the National Assembly;
2. A person who is a member of a political party;
3. A overseas returning officer.

(4) An overseas election commission shall have one chairperson and one vice chairperson who are elected by the commission from among its members: Provided, That the head of a mission or an official of the mission recommended by him/her shall not be the chairperson.

(5) An overseas election commission may, when necessary for administration of an overseas election, request the head of the relevant mission to cooperate, and the head of the mission requested so shall comply with such request preferentially.

(6) The chairperson of an overseas election commission may commission a secretary, a clerk and personnel to be engaged in election affairs from among the personnel belonging to the relevant mission in consultation with the head of the relevant mission.

(7) The head of a mission shall act for the chairperson of an overseas election commission for calling the first conference of a newly organized overseas election commission.

(8) A district under the jurisdiction of an overseas election commission shall be a consular jurisdiction (where the head of a mission concurrently holds the positions of the head of other embassy, including the consular jurisdiction of the other embassy), and the name thereof shall be denominated with the name of the relevant mission, and an abbreviated name may be used.

(9) During the period where an overseas election commission is operated or within 6 months after the operation period of an overseas election commission expires, the National Election Commission shall, if the period for establishment and operation of an overseas election commission for another election begins, not establish an overseas election commission for another election, notwithstanding paragraph (1), and shall consider the overseas election commission being operated as the overseas election commission for another election.

(10) The proviso to Article 4 (3), (7) through (11), the main sentence of Article 4 (12), Articles 5 (3) and (5) and 7, subparagraphs 1 through 4 of Article 9, Articles 10, 11 (1) and (3), 12 (1) and (3), 13 and 14-2 of the Election Commission Act shall apply mutatis mutandis to the establishment and operation of overseas election commissions. In such cases, a "related election commission", "subordinate election commission", "each class election commission" and "Gu/Si/Gun election commission" shall be deemed an "overseas election commission" respectively; the "beginning date of a period for election (excluding an entrusted election; hereinafter the same shall apply) or the public announcement date of a proposal for a national referendum", "beginning date of a period for
election or the public announcement date of a proposal for a national referendum" and "basis date for preparation of the electoral register or the public announcement date of a proposal for a national referendum" shall be deemed the "date of establishment of an overseas polling place" respectively; the "relevant or Eup/Myeon/Dong election commission" shall be deemed the "relevant overseas election commission"; the "chairperson of Gu/Si/Gun election commission" shall be deemed the "chairperson of an overseas election commission"; "each upper class election commission" shall be deemed the "National Election Commission", "standing member or the vice chairperson" shall be deemed the "vice chairperson"; the "chairperson, a standing member, and the vice chairperson" shall be deemed the "chairperson and vice chairperson"; the "time when the official counting is completed" shall be deemed the "deadline for an overseas poll."

[This Article Newly Inserted by Act No. 9466, Feb. 12, 2009]