Home > 2.9 Electoral offences and sanctions > KOREA - Public Offical Election Act
 
 
 
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Article 265
 

(Invalidity of Election due to Election Offense by Election Campaign Manager, etc.)


If an election campaign manager, accountant in charge of an election campaign office (including a person who has not been appointed nor reported
as an accountant in charge of an election campaign office, and the amount paid by him/her in collusion with a candidate for election expenses of the
latter is equivalent to 1/3 or more of the restricted amount of election expenses) or the candidate (including a person intending to become a candidate), or lineal ascendant or descendant and spouse of the candidate, has committed a crime related to a contribution act from among Articles 230 through 234, or 257 (1), or a crime of illegal giving or receiving of the political funds provided for in Article 45 (1) of the Political Funds Act, and is sentenced to imprisonment with prison labor or a fine exceeding three million won (with regard to an election campaign manager and an accountant in charge of an election campaign office, including the case due to the acts before an appointment or report), the election of the candidate of the constituency (excluding the candidate for the presidency, the proportional representative National Assembly member and the proportional representative local council member) shall become invalidated: Provided, That where the crime is committed with the intention of making the election of the candidate invalidated by an inducement or provocation of another person, this shall not apply.


<Amended by Act No. 4949, May 10, 1995; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 9974, Jan. 25, 2010>