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Article 219
 

(Petition on Election)


(1) In an election of a local council member and a head of a local government, any elector, political party (limited to the political party which has recommended a candidate; hereafter the same shall apply in this Article) or candidate may, when having an objection to the validity of the election, file a petition against the chairperson of the constituency election commission concerned with the City/Do election commission in cases of an election of the local constituency City/Do council members, the autonomous Gu/ Si/Gun council members and heads of autonomous Gus/Sis/Guns, and with the National Election Commission in cases of an election of the proportional representative City/Do council members and the Mayors/Do Governors, within 14 days from the election day. 


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


(2) A political party or candidate may, when having an objection to the validity of the election of a local council member or a head of a local
government, file a petition against the elected person if the petition is made based on reasons falling under Article 52 (1) through (3) or 192 (1) through (3), and against the chairperson of the constituency election commission if the petition is made for the reason that the decision made under Articles 190 through 191 is illegal, with the City/Do election commission in cases of an election of the City/Do council members of local constituency, the autonomous Gu/Si/Gun council members or the heads of autonomous Gus/Sis/Guns, and with the National Election Commission in cases of an election of the proportional representative City/Do council members and the Mayors/Do Governors.


<Amended by Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010: Act No. 10067, Mar.12, 2010>


(3) If the chairperson of the constituency election commission against whom a petition may be filed under paragraphs (1) and (2) is vacant, the petition
shall be made against all members of the constituency election commission concerned.


(4) If the elected person against whom a petition may be filed under paragraph (2) resigns or dies, or whose election becomes invalidated under Article 192 (2), or whose election becomes nullified under paragraph (3) of the same Article, the petition shall be filed against the chairman of the constituency election commission concerned, and against all members of the constituency election commission concerned if the chairman of the constituency election commission is vacant.


(5) The petition under paragraphs (1) and (2) shall be filed in writing, and include the following matters together with a signature and seal. In such cases, the petition shall be accompanied by its duplicates corresponding to the number of the parties concerned:


<Amended by Act No. 10981, Jul. 28, 2011>


1. Name and address of the petitioner;
2. Name and address of the person against whom the petition is filed;
3. Purpose of and reason for the petition;
4. Contents of the disposition which is the object of the petition;
5. Name and address of the deputy or commission-selected representative, if any.


(6) The National Election Commission or City/Do election commission, upon receiving a petition under paragraph (5), shall immediately serve the
person concerned with the duplicate of the petition.


(7) The person against whom a petition is filed, upon being served with the duplicate under paragraph (6), shall present his/her defense at a time
designated by the National Election Commission or City/Do election commission. In such cases, the duplicates corresponding to the number of parties concerned shall be accompanied, and the National Election Commission or City/Do election commission, upon receiving the defense, shall serve the parties concerned with the duplicates thereof.