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Article 273
 

(Request for Ruling)


(1) Any candidate or political party (limited to a central party) and the competent election commission that lodges a complaint on a crime under
Articles 230 through 234, 237 through 239, 248 through 250, Article 255 (1) 1, 2, 10, and 11, (3), and (5), Article 257 or 258 may request the
High Court having the jurisdiction over the location of the district public prosecutor's office, to which the public prosecutor belongs, to make the
ruling thereof.


<Amended by Act No. 9974, Jan. 25, 2010; Act No. 12393, Feb. 13, 2014>


(2) The provisions of Articles 260 (2) through (4), 261, 262, 262-4 (2), 264 and 264-2 of the Criminal Procedure Act shall apply to a request for the
ruling under paragraph (1).


<Amended by Act No. 7681, Aug. 4, 2005; Act No. 8496, Jun. 1, 2007>


(3) When the request for ruling under paragraph (1) is received by the chief public prosecutor of a district public prosecutor's office or the branch
chief of a branch office therof pursuant to Article 260 (3) of the Criminal Procedure Act, the statute of limitations shall be suspended from running
until a decision under Article 262 (2) of the Criminal Procedure Act is made.


<Amended by Act No. 7681, Aug. 4, 2005; Act No. 8730, Dec. 21, 2007>


(4) With respect to the request for a ruling under paragraph (1), if the public prosecutor fails to institute a public prosecution no later than ten days
before the prescription of public prosecution on the election crime expires, the notification that the public prosecutor would not institute the public
prosecution shall be deemed to have been made at that time, and if the public prosecutor fails to institute a public prosecution on the election crime claimed by the election commission from the day of claim to three months, such notification shall be deemed to have been made at the time
when the relevant three months has elapsed.


<Amended by Act No. 6265, Feb. 16, 2000>