Council of Europe - Venice Commission

KOREA - Public Offical Election Act

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Article 277

(Expenses for Election Management)

(1) The following expenses incurred in preparing and holding the presidential election and election of the National Assembly members and those
disbursed by the National Election Commission and the City/Do election commission to uniformly carry out the affairs as to an election of a local council member or head of a local government shall be borne by the State. In such cases, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in which 180 days before an election day of the relevant election are included, with respect to the expenses falling under subparagraph 2), but the budget shall be allotted to the National Election Commission no later than 60 days before the beginning day of the election period (240 days before an election day of the relevant election, with respect to the expenses falling under subparagraph 2), and for the special election, by 15 days from the time when the reason for holding
the election becomes final (referring to five days from the day when the reason for holding the election becomes final, in cases of a reelection under Article 197, and to at least one day before the election day is publicly announced, in cases of a postponed election and revoting; hereafter the same shall apply in this Article), so as not to impede the execution of such affairs:

1. Expenses incurred in preparing the management of the election and holding it as prescribed by this Act;

2. Expenses incurred for guidance, public information and control affairs related to the election;

3. Expenses for lawsuits on an election;

4. Expenses to be borne as a result of a lawsuit on an election;

5. Expenses for arranging the data on the result of an election;

6. Expenses incurred in operating and managing affairs of the election commissions for the election management;

7. Unpredictable expenses or expenses to be allocated for an excessive disbursement of appropriated budget which correspond to 1/100 of the
aggregate of expenses of subparagraphs 1 and2.

(2) The following expenses incurred in preparing the management of, and operating, an election of a local council member or head of the local
government shall be borne by the local government concerned. In such cases, for the election to be held at the expiration of the term, such expenses shall be included in the principal budget in the year in which the beginning day of the election period is included (including the year in which 180 days before an election day of the relevant election are included, with respect to the expenses falling under paragraph (1) 2), no later than 60 days before the beginning day of election period (240 days before an election day of the relevant election, with respect to the expenses falling under paragraph (1) 2), but the expenses shall be paid to the City/Do election commission concerned in cases of an election for the City/Do council member and the Mayor/Do Governor; to the constituency election commission concerned in cases of an election of the autonomous Gu/ Si/Gun council member and the head of an autonomous Gu/Si/Gun; for the special election, the expenses shall be paid to the relevant City/Do election commission by 15 days from the day when the cause for holding the election becomes final, so as not to impede the execution of its affairs, in cases of an election of the City/Do council member and the Mayor/ Do Governor; to the relevant constituency election commission in the case of an election of the autonomous Gu/Si/Gun council member or
the head of an autonomous Gu/Si/Gun:

1. Expenses under the subparagraphs of paragraph (1);

2. Expenses for a petition on the election;

3. Expenses to be borne as a result of a petition on the election.

(3) After the State or local government has allocated or paid the expenses for election management under paragraphs (1) and (2), in case where there
occurs a new reason for holding an election along with an election for which the expenses have already been allocated or paid, or where the allocated or paid expenses thereof run short, the additional amount shall be immediately allocated or paid at the request of the election commission concerned according to the classifications of paragraph (4).

(4) The expenses other than those provided in paragraphs (1) through (3), which shall be borne by the State among those to be borne by the State
or local government under this Act shall be allocated or paid to the election commission concerned within fifteen days from the election day at the request of the National Election Commission; the expenses disbursed for an election of a council member of City/Do or Mayor/Do Governor, at the request of the City/Do election commission; the expenses disbursed for an election of a council member and head of autonomous Gu/Si/Gun, at the request of the constituency election commission concerned.

(5) The calculating standard for, procedure for and method of payment, execution, inspection and return of the expenses under paragraphs (2)
through (4) and other necessary matters shall be prescribed by Regulations of the National Election Commission.