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Article 265
 

(Return of Expenses by Persons, etc. whose Election is Invalidated)


(1) A person whose election is invalidated (including any person who resigns prior to the final and conclusive judgment after having been indicted)
under Articles 263 through 265 and a person who is not elected, for whom a punishment equivalent to the invalidation of election is finalized
due to crimes falling under Articles 263 through 265, which are committed by himself or the election campaign manager, etc. shall return the amount returned or preserved under the provisions of Articles 57 and 122-2. In such cases, when the election of a candidate recommended by a political party in the presidential election, and when the election of candidates in the elections for proportional representative National Assembly members and for the proportional representative local council members have been all invalidated, the political party recommending them shall return the said amount.


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


(2) When the grounds for return under paragraph (1) have occurred, the competent constituency election commission shall promptly notify the
relevant political party or candidates of the amount to be returned, and the relevant political party or candidates shall pay them to the constituency election commission within 30 days from the date of receiving the said notification.


(3) When the said political party or candidates have failed to pay them by not later than the deadline for payment under paragraph (2), the
competent constituency election commission shall entrust the collection to the head of tax office having jurisdiction over the address of relevant
candidates (in cases of political parties, referring to the location of central party's office), and the head of competent tax office shall collect them by
referring to the practices of dispositions on default of national taxes. 


(4) The amount paid or collected under paragraph (2) or (3) shall revert to the State or local governments.


(5) Methods and procedures for a notification under paragraph (2), and other necessary matters shall be stipulated by Regulations of the National
Election Commission.


[This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]