Home > 4.2 Presidential elections > KOREA - Public Offical Election Act
 
 
 
Download file    
 
 
Article 222
 

(Election Lawsuits)


(1) In the presidential election and the election of National Assembly members, an elector, political party (limited to a political party which has
recommended a candidate), or candidate that has an objection to the validity of the election may file a lawsuit with the Supreme Court against
the chairperson of the constituency election commission concerned within 30 days from the election day.


(2) In an election of a local council member and head of a local government, a petitioner (including the elected person) who has an objection to the
decision provided in Article 220 on the validity of the election may file a lawsuit against the chairperson of the relevant constituency election commission when a decision is made on the dismissal or rejection of the relevant petition (including cases where a decision is not made within a period under Article 220 (1) ), or against the chairperson of the election commission who makes a decision on acceptance, when a decision on acceptance is made, within ten days after the decision is received (the date on which the period expires, when a decision is not made within a period under Article 220 (1) ), with the Supreme Court in cases of an election of the proportional representative City/Do council members and the Mayor/Do Governor, and with the appellate court having jurisdiction over the election district concerned in cases of an election of the local constituency City/Do council members, the autonomous Gu/Si/Gun council members and the heads of autonomous Gus/Sis/Guns.


<Amended by Act No. 6663, Mar. 7, 2002; Act No. 9974, Jan. 25, 2010>


(3) If the position of a chairperson who may be a defendant under paragraphs (1) and (2) becomes vacant, all members of the relevant
election commission shall be defendants.


<Amended by Act No. 9974, Jan. 25, 2010>