Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 272

(Investigation, etc. of Election Crimes)

(1) Where it is deemed that a person is suspicious of election crime, or a petition for election crime made by the candidate (including the candidate
for competition), preliminary candidate, election campaign manager, chief of an election campaign liaison office or election campaign worker is
regarded based on good evidence, or where the reports are made on crimes committed on the spot, as regards election crimes, the members or
employees of election commissions of each level (excluding the Eup/Myeon/ Dong election commission; hereafter in this Article the same shall also apply) may enter the place, and inquire of or investigate relevant persons, or request them to submit relevant documents or other materials necessary for investigations.

(2) The members or employees of election commissions of each level may, if it is deemed that there exist some concerns about the destruction of
evidences which have been used for the election crimes at the spot, take away the evidences at the spot within the limit of necessity for investigations. In such cases, the members or employees of relevant election commission shall, in case where they file a complaint about or request an investigation into the related election crimes, send the evidential goods so taken away to the related investigation agency, and where they do not do so, they shall, without delay, return them to the person who owns, possesses or manages them.

(3) No one may obstruct entry into the place under paragraph (1), and the person who is subject to any question or investigation or requested to
submit materials under the same paragraph shall comply with it.

(4) The members or employees of election commissions of each level may, if deemed necessary for the inquiries or investigations on the interested
parties in connection with the investigations of election crimes, request the accompanying to or appearance in the election commission: Provided, That
a demand for accompanying to or appearance in court shall not made to the candidates during the election period.

(5) The members or employees of election commissions of each level may, where any acts in contravention of this Act which are likely to damage
significantly the freedom and fairness of election are being committed under their very nose, or where deemed that it is apparent to be committed, take on the spot the measures required for the suspension or prevention of such acts.

(6) Where members or employees of election commissions of each level enter the place, inquire, investigate, or make a request for the submission of
materials in accordance with paragraph (1), they shall show credentials evidencing their positions to interested persons, tell their posts and names,
and explain their objectives and grounds.

(7) When a member or employee of an election commission conducts an inquiry or investigation on a person subject to inquiry or investigation
under paragraph (1), he/she shall notify the person, before conducting the inquiry or investigation, that the person has the right to refuse to make a
statement and the right to have assistance from an attorney at law and shall enter the answer of the person thereto in the record of questions and
answers.

(8) If a person subject to an inquiry or investigation desires to have assistance from an attorney at law, the member or employee of the
competent election commission shall have an attorney (or a person who will be licensed as an attorney at law) attend the inquiry or investigation
or make statements on behalf of the person.

(9) The procedure and methods for production of evidence, collection of evidential materials, the size of credentials, and other necessary matters
under paragraphs (1) through (8) shall be prescribed by Regulations of the National Election Commission.

[This Article Newly Inserted by Act No. 5412, Nov. 14, 1997]