(Lawsuit against Election)
(1) In the presidential election and election of a National Assembly member, a political party (limited to the party which has recommended a candidate)
or candidate that has an objection to the validity of election, may file a lawsuit with the Supreme Court against the elected person as defendant for a reason that he/she falls under Article 52 (1) and (3) or 192 (1) through (3), and against the chairperson of the National Election Commission or the Speaker of the National Assembly who has decided on the elected person, in cases of the presidential election, and the chairperson of the constituency election commission concerned, in cases of an election of a National Assembly member, for a reason that the decision made under Article 187 (1) and (2), 188 (1) through (4), 189 or 194 (4) is illegal, within 30 days after the elected person is decided.
<Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010: Act No. 10067, Mar.12, 2010>
(2) In an election of a local council member and head of a local government, a petitioner or elected person who is the petitionee (including the elected
person, where the chairperson of the constituency election commission is the petitionee under the latter part of Article 219 (2) ), may institute a
lawsuit against the elected person (referring to the chairperson of the competent constituency election commission, if it is based on the latter part of Article 219 (2) ), 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 the 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 or the heads of autonomous Gus/Sis/Guns, within ten days after the written decision is received, and if the decision is not made during the period under Article 220 (1), within ten days after the period expires.
<Amended by Act No. 6663, Mar. 7, 2002; Act No. 9974,Jan. 25, 2010>
(3) If the position of a chairperson who may be the defendant under paragraph (1) or (2) becomes vacant, the defendant shall be all members
of the relevant election commission, and if the position of Speaker of the National Assembly becomes vacant, one of the Vice Speakers shall be
defendant.
<Amended by Act No. 9974, Jan. 25, 2010>
(4) If an elected person who may be a defendant under paragraphs (1) and (2) resigns or dies, or his/her election becomes invalidated under Article
192 (2), or his/her election becomes nullified under paragraph (3) of the same Article, the Minister of Justice shall be the defendant in cases of
the presidential election, and the director of the competent high public prosecutor's office shall be the defendant in cases of an election of a National Assembly member, local council member, or head of a local government.
