Home > 2.9 Electoral offences and sanctions > KOREA - Public Offical Election Act
 
 
 
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Article 237
 

(Interference with Freedom of Election)


(1) Any person who falls under any of the following subparagraphs with respect to an election shall be punished by imprisonment with prison labor
for not more than ten years or by a fine of not less than five million won nor more than 30 million won:


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


1. A person who assaults, threatens, or lures, or unlawfully arrests or detains an elector, candidate, person who wishes to be a candidate,
election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant, accountant in charge, election campaign speechmaker, or elected person, or seizes things to be used for the election campaign prescribed in this Act;


2. A person who interferes with a rally, election campaign speech, or traffic, or with the freedom of the election by a deceptive scheme or in a deceitful or unlawful way; 


3. A person who compels another person who is under his/her protection, direction or supervision due to business, employment, or other relation,
to support, recommend or oppose to a certain political party or candidate.


(2) A public prosecutor or police officer (including a judicial police officer), if committing or making another person commit any act provided in the
subparagraphs of paragraph (1), shall be punished by imprisonment with prison labor of not less than one year nor more than ten years and a
suspension of qualification for not more than five years.


(3) Any person who throws any dangerous thing at the place for a speech and interview, or the place for an interview and debate meeting prescribed
by this Act, or a person who assaults a candidate or speechmaker shall be punished under the following subparagraphs:


<Amended by Act No. 7189, Mar. 12, 2004>


1. The mastermind shall be punished by imprisonment with prison labor for a limited term for not less than five years;


2. A person who directs another person or leads other persons shall be punished by imprisonment with prison labor of not less than three years;


3. Any person who acts in line with the opinions of other persons shall be punished by imprisonment with prison labor for not more than seven years.


(4) Where the crime provided in paragraphs (1) through (3) is committed, the things carried to be used for the crime shall be confiscated.


(5) Any person who falls under any of the following subparagraphs in connection with the intra-party competition shall be punished by
imprisonment with prison labor for not more than five years or by a fine not exceeding ten million won:


<Newly Inserted by Act No. 7681, Aug. 4, 2005>


1. A person who assaults, blackmails, seduces, arrests or detains any competition candidate (including any person who intends to become a
competition candidate) or any person who is elected as a candidate; 


2. A person who obstructs the competition campaign or traffic and impedes the freedom of the intra-party competition by means of
deception, trick or illegality;


3. A person who coerces persons under his/her protection, command and supervision on the grounds of business, employment and other relationship to support, recommend or oppose any specific competition candidate.


(6) Any person who throws dangerous objects at any facility and any place in which many persons are waging their competition campaign in
connection with the intra-party competition or assaults any competition candidate shall be punished according to the classification falling under
any of the following subparagraphs:


<Newly Inserted by Act No. 7681, Aug. 4, 2005>


1. The mastermind shall be punished by imprisonment with prison labor for a limited term for not less than three years;


2. A person who commands other persons or acts taking the lead of other persons shall be punished by imprisonment with prison labor for not
more than seven years;


3. A person who acts in line with the opinions of other persons shall be punished by imprisonment with prison labor for not more than two years.