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Article 272
 

(Suspension of Mailing of Unlawful Propaganda Materials)


(1) If the election commission of each level (excluding the Eup/Myeon/ Dong election commission; hereafter the same shall apply in this Article) finds
ex officio or at a request of a political party or candidate that any propaganda materials suspicious of a crime under this Act are mailed or that their mailing is attempted, it may request the head of the post office concerned to ban or suspend the mailing of such propaganda materials.


<Amended by Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>


(2) The head of a post office, upon receiving the request to ban or suspend the mailing of the relevant postal matters under paragraph (1), shall
immediately suspend the mailing, and notify the sender thereof: Provided, That if the sender's address is not indicated, he/she shall announce the
fact that the mailing is suspended, on the bulletin board of the sending post office.


(3) The election commission concerned, upon requesting the ban or suspension of the mailing under paragraph (1), shall immediately request an
investigation or file a complaint with the criminal investigation agency, and request a seizure of the mail in question.


(4) In cases of paragraph (3), the criminal investigation agency shall notify the election commission and the head of a post office concerned of
whether a warrant of seizure against the mail in question is issued, within the period under Article 200-4 of the Criminal Procedure Act, but if the
head of the post office fails to have the warrant of seizure issued, he/she shall immediately release the suspension of mailing.


<Amended by Act No. 5412, Nov. 14, 1997; Act No. 7681, Aug. 4, 2005>


(5) The election commission of each level may, upon finding the propaganda materials suspicious of crimes corresponding to those as prescribed by this
Act are mailed, request the head of the related post office to present the personal particulars such as the name and address of the person relevant
to the mailing of such propaganda materials, and the number of mailed ones, area for deliveries, and other data required for an investigation of
election crimes. In such cases, the head of post office, in receipt of a request for data presentation, shall comply therewith.


<Newly Inserted by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002>


(6) When the head of a post office suspends the mailing at the request of the election commission of each level, or when he/she has submitted the
data such as personal particulars of the person relevant to the mailing of propaganda materials, the provisions of Articles 3, 50, 51, and 51-2 of
the Postal Service Act, Article 19 of the Postal Money Order Act and Article 3 of the Protection of Communications Secrets Act shall not apply.


<Amended by Act No. 6265, Feb. 16, 2000; Act No. 6663, Mar. 7, 2002; Act No. 7681, Aug. 4, 2005; Act No. 11116, Dec. 2, 2011>


(7) The election commission of each level may, if it is deemed there exist the illegal propaganda materials suspicious of crimes corresponding to
those under this Act from among the postal matters handled by the postal service offices, request the head of the relevant post office to take
measures pursuant to Article 28 of the Postal Service Act along with the measures as provided in paragraph (1). In such cases, the provisions of
Article 48 of the Postal Service Act and Article 16 of the Protection of Communications Secrets Act shall not apply.


<Newly Inserted by Act No. 6265, Feb. 16, 2000; Act No. 7681, Aug. 4, 2005>