(Violation of Various Restrictive Provisions)
(1) Any of the following persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding six
million won.
<Newly Inserted by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010; Act No. 11374, Feb. 29, 2012; Act No. 12393, Feb. 13, 2014>
1. A person who holds a meeting in contravention of Article 103 (2);
2. A person who conducts a public opinion poll in contravention of Article 108 (5) or a person who publishes or reports the results of a public opinion poll in contravention of Article 108 (8) 1.
(2) Any person who does not comply with the notice given with regard to any of the following measures shall be punished by imprisonment with
prison labor for not less than two years or by a fine not exceeding 15 million won:
<Newly Inserted by Act No. 12393, Feb. 13, 2014>
1. A sanction imposed under Article 8-2 (5) or (6) (including cases to which either of the aforesaid paragraphs shall apply mutatis mutandis
pursuant to Article 8-3 (6));
2. Publishing of a written apology or a corrected report under Article 8-3 (3);
3. A decision to broadcast or report an counter-argument;
4. A measure under Article 8-6 (1) or (3) or a decision to report a counter-argument under Article 8-6 (6).
(3) Any of the following persons shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding four
million won:
<Amended by Act No. 4947, Apr. 1, 1995; Act No. 5127, Dec. 30, 1995; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265,
Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008; Act No. 9466, Feb. 12,
2009; Act No. 9974, Jan. 25, 2010; Act No. 11207, Jan. 17, 2012; Act No. 11374, Feb. 29, 2012; Act No. 12267, Jan. 17, 2014; Act No. 12393, Feb. 13,
2014>
1. A person who falls under any of the following items in connection with an election campaign:
(a) A person who hangs a banner, in contravention of Article 67;
(b) A person who is not a candidate or a preliminary candidate but who transmits a text message by means of automatic broadcast
communications in contravention of the proviso to subparagraph 2 of Article 59, a person who transmits text messages more than five
times by means of automatic broadcast communications in contravention of the proviso to the aforesaid subparagraph of the
aforesaid Article, or a person who is not a candidate or a preliminary candidate but who entrusts a transmitting agency with
the transmission of e-mails;
(c) A person who broadcasts or televises contents, other than the platform or policy of a political party to which a candidate belongs, his/her personal histories, political views or activities, in contravention of Article 79 (10);
(d) A person who professes to be supported or recommended by a specific political party, in contravention of Article 84;
(e) A person who does not comply with requests made by an election commission two or more times pursuant to Article 82-4 (4);
(f) A person who commits acts violating the provisions of Article 86
(1) 5 through 7 or (7);
(g) A person who commits or makes another person commit an act or propaganda activity having any influence on the election, in contravention of Article 89 (2);
(h) A person who installs, displays, posts, or distributes any propaganda materials, or makes another person do so, or makes and sells any symbol, or makes another person do so, in contravention of Article 90;
(i) A person who holds, or makes another person hold, other election campaign speech meeting, in contravention of Article 101;
(j) A person who gives a speech or has a talk or a person who holds a talk or debate session in contravention of Article 102 (1);
(k) A person who holds or makes another person hold various rallies, in contravention of the provisions of Article 103 (3) through (5);
(l) A person who disturbs the order, or uses or makes another person use torches at the place for a speech and interview, in contravention of Article 104;
(m) A person who publishes or cites and reports the course and outcomes of a public opinion poll in contravention of Article 108 (1), a person who conducts a public opinion poll in contravention of the provisions of Article 108 (2), a person who fails to keep all data relating to a public opinion poll for six months after the election day of the relevant election in contravention of Article 108 (5), a person who does not register matters specified by the guidelines for public opinion polls on elections, in contravention of Article 108 (7), a person who does not submit data relating to a
public opinion poll without a justifiable reason, in contravention of Article 108 (9), or a person who conducts a public opinion poll, in contravention of Article 108 (10);
(n) A person who has compared and appraised, who has published the result thereof, or who has failed to preserve all the data related
with the comparison and appraisal until six months after the relevant election day, in contravention of Article 108-2;
(o) A person who reports the parliamentary activities from 90 days before the election day to the election day, in contravention of the
proviso to Article 111 (1);
2. A person who falls under any of the following items in connection with the order of an election:
(a) A person who interferes with, or commits an act of having any influence on, the affairs of preparing the electoral register, in contravention of Article 39 (8) (including cases where the provisions are applicable mutatis mutandis in Article 218-9 (3));
(b) A person who inspects, uses, or leaks an electoral register, in contravention of Article 44-2 (5);
(c) A person who hands over or lends a copy of an electoral register, a copy of electoral registers of reported abode voters and of reported shipboard voters (including a photocopy of computerized data), or the roll of householders to another person or uses such copy or document or aids and abets another person to use such copy or document for property interest or any other profit, in contravention of Article 46 (4) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article
60-3 (5) or 111 (4));
(d) A person who becomes a witness or aids and abets another person to become a witness, in contravention of Article 161 (7) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 162 (4) or 181 (11));
(e) A person who enters a polling place (including places where polling stations under Article 149 (3) and (4) are established), fails to wear a mark, puts on or attaches a sign other than a mark, or transfers or concedes a mark or makes another person transfer or concede a mark, in contravention of Article 163 (including cases to which the aforesaid Article shall apply mutatis mutandis pursuant to Article 218-17 (7));
(f) A person who fails to comply with an order under Article 166 (including cases where the provisions are applicable mutatis mutandis in Article 218-17 (7) ) or who wears a mark or makes another person wear a mark, in contravention of the same provisions;
(g) A person who photographs a polling place, in contravention of Article 166-2 (1) (including cases applied mutatis mutandis in Article 218-17 (7));
(h) A person who enters a ballot-counting place in contravention of the provisions of Article 183 (1), or who fails to post a mark, or
wears or sticks any indicative object other than the mark, or hands over or concedes the mark to another person or makes another person do so, in contravention of paragraph (2) of the same Article;
3. Deleted. <by Act No. 12393, Feb. 13, 2014>
4. A person who violates the provisions of Article 262-2 (2).
(4) If a political party (including the council of political party members) commits any of the following acts, the political party shall be punished by a fine not exceeding ten million won, and, if the representative, an executive officer or, a member of the relevant political party commits or makes another person commit such a violation, he/she shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding four million won:
<Amended by Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7850, Mar. 2, 2006; Act No. 8232, Jan. 3, 2007; Act No. 9974, Jan. 25, 2010; Act No. 12393, Feb. 13, 2014>
1. A person who makes any advertisement in a daily newspaper, etc., in contravention of Article 137;
2. A person who makes a broadcast speech on the platform and policy, in contravention of Article 137-2 (1) through (3);
3. A person who makes and distributes a brochure on the party platform and policy, in contravention of Article 138 (excluding paragraph (4));
3-2. A person who issues and distributes a policy promise collection, in contravention of Article 138-2 (excluding paragraph (3));
4. A person who publishes and distributes a party organ, in contravention of Article 139 (excluding paragraph (3));
5. A person who holds a rally for formation of a political party, in contravention of Article 140 (1) and (2);
6. A person who holds a rally of party members, in contravention of Article 141 (1) and (4) (excluding the case of failing to remove);
7. and
8. Deleted; <by Act No. 7189, Mar. 12, 2004>
9. A person who recruits party members or distributes the application forms for joining the political party, in contravention of Article 144 (1);
10. A person who establishes a political party's electoral office, in contravention of Article 61-2 (1), or who places the head or a salaried clerical staff, in contravention of paragraph (2) of the same Article.
(5) Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding two
million won:
<Amended by Act No. 5127, Dec. 30, 1995; Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No.
6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8232, Jan. 3, 2007; Act No. 8879, Feb. 29, 2008; Act No. 9974, Jan. 25, 2010; Act No. 11207, Jan. 17, 2012; Act No. 12393, Feb. 13, 2014>
1. A person who obtains or causes another person to obtain a recommendation of the elector by a recommendation letter with no seal of approval, or in excess of the maximum number of recommending electors for an election campaign, in contravention of Article 48 (3);
2. A person who establishes an election campaign office or election campaign liaison office, in contravention of Article 61 (5) (including
cases applied mutatis mutandis in Article 61-2 (7) );
2-2. A person who fails to comply with an order, even though he/she was ordered to close down an electoral office under Article 61 (7);
3. A person who appoints an election campaign manager, chief of the election campaign liaison office or election campaign worker, in contravention of Article 62 (7), or who recruits the person who is to carry out the election campaign, in contravention of paragraph (8) of the same Article;
4. A person who appoints or causes another person to appoint the election campaign workers in excess of two occasions, in contravention of the
latter part of Article 63 (1);
5. A person who prints and supplies campaign posters, election campaign bulletins, or written campaign promises in excess of the fixed quantity
in contravention of Article 64 (8) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 65 (12) or 66 (8));
6. A person who does not violate the provisions concerning a frequency under Article 69 (1), but runs an advertisement, in contravention of
Article 69 (5);
7. Deleted; <by Act No. 9974, Jan. 25, 2010>
8. A person who gives a speech or interview at an open place, in contravention of Article 79 (1), (3) through (5), (6) (excluding cases where no sign is attached) or (7);
9. A person who fails to report the fact that an interview and debate meeting is held, or to post or paste any sign, in contravention of Article 81 (3) or (4);
10. A person who uses an audio or video recorder in contravention of Article 102 (2);
11. A person who violates Article 118; or
12. A person who obstructs entry or fails to comply with the requests for submission of materials, or submits false data, in contravention of
Article 272-2 (3).