Korea, Republic of
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
a. Yes
Source: AEP, articles 20 and 24.
Last updated: Fri, 20 Dec 2002 17:47:45 GMT
BD02 The authority responsible for final approval of the constituency boundaries is:
a. The legislature (national/subnational)
Source: AEP, Chapter 3.
Last updated: Fri, 20 Dec 2002 17:49:01 GMT
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
c. Compactness of constituencies
Source: AEP, article 25.
Last updated: 2007-01-03 09:12:42 UTC
BD04 If population is a criterion, which population figure is used?
a. Total population
Source: AEP, article 25.
Last updated: Fri, 20 Dec 2002 17:51:02 GMT
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Hanna Berheim
b. Job Title: Research Assistant
c. Organisation: International IDEA
Last updated: 2006-12-25 12:40:41 UTC
DD02 Which forms of direct democracy, if any, are currently possible at the national level?
Please check the glossary for the definition of the following terms:
a. Mandatory referendum
b. Optional referendum
Comments: C:72 "The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary." C:89 "The following matters are referred to the State Council for deliberation: [...] 3) Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;" C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, art. 72, 89 and 130
Last updated: 2007-01-04 11:02:04 UTC
DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional
Comments: C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, art. 130
Last updated: 2006-12-25 12:40:41 UTC
DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
Comments: C:72 "The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary."
Source: The Constitution of the Republic of Korea, art. 72
Last updated: 2006-12-25 12:42:28 UTC
DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable
Last updated: 2006-12-25 12:42:28 UTC
DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable
Last updated: 2006-12-25 12:42:28 UTC
DD07 What is the legal basis for recalls at the national level?
e. Not applicable
Last updated: 2006-12-25 12:42:28 UTC
DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
Last updated: 2006-12-25 12:38:59 UTC
DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?
Last updated: 2006-12-25 12:38:59 UTC
DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level?
Date (yyyy)
a. Mandatory referendum 1954
b. Optional referendum 1954
Source: Mihwa Park, Election Research Specialist, National Election Commission, Republic of Korea
Last updated: 2007-01-03 08:19:47 UTC
DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
Last updated: 2006-12-25 12:38:59 UTC
DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces
Source: Local Referendum Act
Last updated: 2007-01-03 08:19:47 UTC
DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
a. Yes, in all regions/states/provinces
Source: Local Referendum Act
Last updated: 2007-01-03 08:19:47 UTC
DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes
Source: Local Referendum Act
Last updated: 2007-01-04 11:02:04 UTC
DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes
Source: Local Referendum Act
Last updated: 2007-01-04 11:02:04 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
Comments: C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, art. 130
Last updated: 2006-12-25 12:46:31 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
b. Adoption of international treaties
c. Transfer of authority to international bodies
d. National sovereignty, national self-determination
e. Conflict between constitutional organs
f. Devolution
g. Civil service
h. Taxes and public expenditure commitments
j. Other (specify)
Comments: j) C:72 "The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary."
Source: The Constitution of the Republic of Korea, art. 72
Last updated: 2006-12-25 12:46:31 UTC
DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
k. None
Last updated: 2006-12-25 12:46:31 UTC
DD31 Who can initiate a referendum at the national level?
c. President
Comments: C:72 "The President may submit important policies relating to diplomacy, national defense, unification, and other matters relating to the national destiny to a national referendum if he deems it necessary." C:89 "The following matters are referred to the State Council for deliberation: [...] 3) Draft amendments to the Constitution, proposals for national referendums, proposed treaties, legislative bills, and proposed presidential decrees;"
Source: The Constitution of the Republic of Korea, art. 72 and 89
Last updated: 2007-01-04 11:02:04 UTC
DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
a. Turnout quorum 50
b. Approval quorum 50
Comments: C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, art. 130:2
Last updated: 2006-12-25 12:49:16 UTC
DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
Last updated: 2006-12-25 12:38:59 UTC
DD40 What are the requirements for mandatory referendums to pass?
a. Simple majority (>50%)
Comments: C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea
Last updated: 2006-12-25 12:53:27 UTC
DD43 When is the outcome of a mandatory referendum binding?
b. Under certain circumstances (specify below)
Comments: b) C:130 "(2) The proposed amendments to the Constitution are submitted to a national referendum not later than thirty days after passage by the National Assembly, and are confirmed by more than one half of all votes cast by more than one half of voters eligible to vote in elections for members of the National Assembly."
Source: The Constitution of the Republic of Korea, art. 130
Last updated: 2006-12-25 12:53:27 UTC
DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
d. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
d. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
l. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
l. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD49 Who may propose the registration of a citizens' initiative?
Please specify in the “Comments” section below.
d. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD50 Who may propose the registration of an agenda initiative?
Please specify in the “Comments” section below.
d. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD51 What material is necessary to accompany an application for registration?
e. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD52 Who determines the title of a citizens' initiative?
f. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD53 Who determines the title of an agenda initiative?
f. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD54 Which, if any, of the following disqualify a proposed title of an initiative?
h. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
f. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD56 Under what circumstances is an initiative checked for constitutionality or legality?
d. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
f. Not applicable
Last updated: 2006-12-25 12:53:27 UTC
DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
Last updated: 2006-12-25 12:38:59 UTC
DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
Last updated: 2006-12-25 12:38:59 UTC
DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2006-12-25 12:38:59 UTC
DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2006-12-25 12:38:59 UTC
DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2006-12-25 12:38:59 UTC
DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative?
Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
Last updated: 2006-12-25 12:38:59 UTC
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution National Election Commission
b. Full Address 2-3, Jung Ang-Dong, Kwa Cheon-Shi, Kyung Gi-Do, 427-727, Republic of Korea
c. Telephone 82-2-503-1114
d. Facsimile 82-2-507-2204
e. Email m_nec(a)nec.go.kr
f. Website Address www.nec.go.kr
g. Name and Title of Chairperson/President Yoo Ji Dam
h. Information Officer Cho Young Sik
i. Official language of the electoral law governing national elections Korean
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:30:10 GMT
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.
Comments: d. National EMB has the responsibility for the conduct of elections for educational Councils and Executives.
Source: AEP, ALEA
Last updated: Fri, 20 Dec 2002 17:25:25 GMT
EM03 The national electoral management body reports to:
f. Other
Comments: f. The National Election Commission is an independent constitutional body, hence does not report to any agency. The President, the National Assembly, the Court, the Election Commission and the Constitutional Court are on a par with each other (Constitution stipulates above 5 agencies in separate Chapters).
Source: Constitution, Chapter 7.
Last updated: Fri, 20 Dec 2002 17:27:57 GMT
EM04 The budget of the national electoral management body is determined by:
c. The legislature
Comments: The budget of the Election Commission is arranged by the Election Commission itself, adjusted by the Ministry of Planning & Budget, and determined by the National Assembly as part of the national budget. However, the budget for the adminstration of regional and local elections is determined by the Election Commission and provided by relevant regional and local bodies.
Source: Constitution, article 54; AEP, article 277.
Last updated: Fri, 20 Dec 2002 17:30:28 GMT
EM05 The expenditures of the national electoral management body are controlled by:
e. Another organ within the national government
Comments: e. The expenditure of government agencies, without exception, is under the scrutiny of the Board of Audit and Inspection.
Source: Constitution, article 97.
Last updated: Fri, 20 Dec 2002 17:31:38 GMT
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: b. 6 years.
Source: ECA, article 8.
Last updated: Fri, 20 Dec 2002 17:32:20 GMT
EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:
a. Elected (specify by whom)
Comments: a. By the commissioners of the National Election Commission. Conventionally, the Chairperson of the National Election Commission has been a judge of the Supreme Court who was designated as a Commissioner of the National Election Commission by the Chief Judge of the Supreme Court. Out of the 9 commissioners of the National Election Commission, 3 are appointed by the President, 3 are nominated by the National Assembly, and 3 are designated by the Chief Justice of the Supreme Court.
Source: ECA, articles 4 and 5.
Last updated: 2008-01-21 13:32:27 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 114 millon USD
Comments: 114 000 000 USD Exchange rate used: 1,200 Won/1 USD. Costs of the 16th National Assembly Election in 2000.
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr (Feb 2003)
Last updated: 2008-01-21 13:32:27 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 33,482,387
Comments: Total number of voters in the 16th National Assembly Election in 2000.
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: 2008-01-21 13:32:27 UTC
EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 3,4
b. Exchange rate used 1,200 Won/ 1 USD
Comments: Costs of the 16th National Assembly election in 2000.
Source: National Election Commission.
Last updated: Fri, 20 Dec 2002 17:37:53 GMT
EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
d. Security 1%
e. Official funding of parties and candidates 34%
f. Voter education 1%
h. Challenges, dispute resolution and legal costs 1%
k. Other 73%
Comments: Other: includes those to be allotted to a) b) c) g) i) and j)
Source: National Election Commission
Last updated: Fri, 20 Dec 2002 17:39:37 GMT
Electoral Systems
ES01 How is the Head of State selected?
a. Head of State is the Head of Government
Comments: The President is the Head of State and represents the State vis-a-vis foreign states.
Source: Constitution, articles 66 and 67.
Last updated: Wed, 18 Dec 2002 11:07:08 GMT
ES02 How is the Head of Government selected?
a. Directly elected in general elections (simple majority)
Comments: The President is elected by universal, equal, direct and secret suffrage. In case two or more candidates get the same number of votes in a presidential election, the candidate who wins the greatest number in an open session of the National Assembly is the elected one. If and when there is only one presidential candidate, he/she cannot be elected President unless he/she wins at least one third of votes of the total eligible voters.
Source: Constitution, article 67; AEP, article 187.
Last updated: Wed, 18 Dec 2002 11:11:16 GMT
ES03 Does the country have a president?
a. Yes
Comments: The President is the Head of State.
Source: Constitution, articles 66 and 67.
Last updated: Wed, 18 Dec 2002 11:12:36 GMT
ES04 The national legislature consists of (one/two chambers):
a. One chamber
Comments: The article 40 of the Constitution which says "The legislative power shall be vested in the National Assembly", bears some explanation. The corresponding clause of the 1960 Constitution was "The legislative power shall be exercised by the National Assembly. The National Assembly shall be composed of the Mineuiwon (the Lower House) and the Chameuiwon (the Upper House)". This article was amended, as it is today, by the constitutional amendment of 1962, and has remained intact since. For this reason, unlike the term "the National Assembly" in the 1960 Constitution, which meant "legislative bodies in general", in the present Constitution the term "the National Assembly" means both "the legislative body in general and the name of the sole chamber of the legislative body in particular".
Source: Constitution, article 40.
Last updated: Thu, 09 Jan 2003 13:43:15 GMT
ES05 What is the electoral system for Chamber 1 of the national legislature?
e. Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Source: Constitution, article 41; AEP, article 188 and 189.
Last updated: 2004-07-13 15:27:47 UTC
ES06 What is the electoral system for Chamber 2 of the national legislature?
k. The national legislature consists of one chamber only
Last updated: Wed, 18 Dec 2002 13:00:47 GMT
ES07 If List PR is used, is a highest average formula used?
h. Not applicable
Source: AEP, article 189.
Last updated: 2004-07-13 15:28:59 UTC
ES08 What is the level at which seats are distributed in Chamber 1?
a. National level
b. Specially delimited constituencies
Source: AEP, article 20.
Last updated: Tue, 11 Feb 2003 09:54:58 GMT
ES09 What is the level at which seats are distributed in Chamber 2?
d. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:18:37 GMT
ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
b. No
Comments: Though it is stipulated that "political parties shall nominate female candidates in excess of 30% of the total candidates for the National Assembly". However, since female candidates' ranks in the list are not favoured by the clause, it would be inappropriate to say that special seats are reserved for women.
Source: PPA, article 31, section 4.
Last updated: Tue, 11 Feb 2003 09:58:19 GMT
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable X
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:18:54 GMT
ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
c. The national legislature consists of one chamber only
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:19:31 GMT
ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable X
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:20:19 GMT
ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
b. Specify the percentage:
Comments: b. Parties that received 3-5% of total votes are allotted 1 seat each.
Source: AEP, article 189.
Last updated: Wed, 05 Feb 2003 10:09:17 GMT
ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
c. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:20:45 GMT
ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
a. No minimum
Comments: FPTP in constituencies.
Source: AEP, article 188.
Last updated: Fri, 20 Dec 2002 16:52:12 GMT
ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
c. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:21:16 GMT
ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
a. At fixed intervals (specify length)
c. On a fixed day of the week (specify day, specify if holiday)
Comments: a. Every 4 years. c. The first Thursday after the 50th day prior to the expiration date of the term of office.
Source: Constitution, article 42; AEP, article 34.
Last updated: Fri, 20 Dec 2002 16:55:13 GMT
ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
e. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:21:43 GMT
ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day
Comments: Absentee voting for domestic dwellers takes place during three days from the 7th day prior to the designated national election day.
Source: AEP, articles 148 and 155.
Last updated: Wed, 08 Jan 2003 11:07:27 GMT
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
d. Regulations or administrative rules
Comments: The general principles are to be found in the Constitution and the details in the AEP.
Source: Constitution, articles 41 (section 3) and 67 (section 5). AEP, article 22.
Last updated: Fri, 20 Dec 2002 17:02:41 GMT
LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:21:59 GMT
LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
d. Referendums
e. Other
Comments: e. Elections for Educational Councils and Executives. Elections for the President, the National Assembly, regional and local Councils and Executives are covered by AEP; referendums, by NRA; elections for educational Councils and Executives, by ALEA.
Source: AEP, article 2; NRA, article 1; ALEA, article 51.
Last updated: Fri, 20 Dec 2002 17:06:06 GMT
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Comments: Voting is regarded as a civic duty, but no sanctions are imposed on non-voters.
Source: AEP, article 6.
Last updated: Fri, 20 Dec 2002 17:07:21 GMT
LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
a. National elections are not held on the same day as regional or local elections
Comments: Regional and local elections are held on the same day. However, there is no provision permitting or requiring national and regional and/or local elections to be held on the same day.
Source: AEP, article 203.
Last updated: Fri, 20 Dec 2002 17:10:58 GMT
LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
a. Presidential elections are not held on the same day as national legislative elections
Comments: The Term of office for the President is 5 years, while that of the National Assembly members is for 4 years. Since the expiration date of the presidential term of office is the 24th of February and that of legislators is the 29th of May, there is, without constitutional revision, no possibility that both elections will be held onthe same day.
Source: Constitution, articles 42 and 70 (addenda 1-3).
Last updated: Fri, 20 Dec 2002 17:14:12 GMT
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary
b. EMB
Comments: Disputes on Presidential and Legislative elections are under the jurisdiction of the Supreme Court; those on regional and local elections, at initial stage, come under EMB's jurisdiction, but end up under Judiciary's jurisdiction.
Source: AEP, articles 219, 222 and 223.
Last updated: Fri, 20 Dec 2002 17:16:30 GMT
LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable
Comments: Disputes on Presidential and Legislative elections are under the jurisdiction of the Supreme Court; those on regional and local elections, at initial stage, come under EMB's jurisdiction, but end up under Judiciary's jurisdiction.
Source: AEP, articles 219, 222 and 223.
Last updated: Fri, 20 Dec 2002 17:17:17 GMT
LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
b. Parties
c. Voters
Comments: While candidates and parties are entitled to submit cases concerning both the validity of election and the validity of the decision of the elected, voters are entitled to submit cases concerning the validity of election only.
Source: AEP, articles 219, 222 and 223.
Last updated: Fri, 20 Dec 2002 17:19:08 GMT
LF10 What body(ies) is the final appellate authority for formal electoral disputes?
c. Superior Court
Source: AEP, articles 222 and 223.
Last updated: Fri, 20 Dec 2002 17:19:57 GMT
LF11 Which body(ies) proposes electoral reforms?
a. Election Management Body
b. Legislative Committee
f. Other
Comments: f. All Koreans are entitled to propose electoral reforms. However, proposals submitted by the Election Commission are considered most seriously.
Source: ECA, article 17.
Last updated: Fri, 20 Dec 2002 17:21:15 GMT
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
a. Name and Title: Hye-seung Yi
b. Job Title: Manager, Organization and Administration Division
c. Organisation: National Election Commission,
d. Contact Address: 2-3, Jung Ang-Dong, Kwa Cheon-Shi, Kyung Gi-Do, 427-727, Republic of Korea
e. Telephone: 00 82-2-503-1114
f. Facsimile: 00 82-2-507-2204
g. Email: e_nec@nec.go.kr
Last updated: 2007-01-03 09:03:36 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-01-03 09:03:36 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-01-03 09:03:36 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-01-03 09:03:36 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-01-03 09:03:36 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-01-03 09:03:36 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
h. Not applicable
Source: Hye-seung Yi, Manager - Organization and Administration Division, National Election Commission of Korea
Last updated: 2007-01-03 09:03:36 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X
Comments: The law does not specify any limits on paid advertising
Source: Hye-seung Yi, Manager - Organization and Administration Division, National Election Commission of Korea
Last updated: 2007-01-03 09:03:36 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-01-03 09:03:36 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-01-03 09:03:36 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-01-03 09:03:36 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-01-03 09:03:36 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
b. Yes, in legislative elections
Source: Hye-seung Yi, Manager - Organization and Administration Division, National Election Commission of Korea
Last updated: 2007-01-03 09:03:36 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-01-03 09:03:36 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
b. Deposit requirement (specify amount)
f. Other
Comments: For a party to be a registered party that can nominate candidates in elections for public offices, it should have constituency-parties which have to, at the same time, be distributed among more than 5 Shi/Dos (regional level). When a registered party nominates candidates for proportional representative National Assembly members, it has to deposit 15.000.000 Won, or approximately 12.000 USD per candidate. The number of seats reserved for proportional representation is 46, which is the maximum number of candidates a registered political party can nominate in the general election for the National Assembly. An individual who wants to be an independent candidate in a constituency has to collect more than 300 but less than 500 signatures of voters who are registered in the constituency concerned. Candidates for constituencies, whether they are independent of party-nominated, have to make the same amount of deposit, which have to be paid by the candidates themselves.
Source: AEP, article 56. PPA, article 17 and 18
Last updated: 2007-01-03 09:19:01 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:22:59 GMT
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
Comments: A Korean who is 25 years of age or above is eligible for elections for the National Assembly, unless his/her eligibility is suspended due to the conviction of electoral crime, or forteited by the decision of the Court or provisions of an Act.
Source: AEP, articles 16 and 19.
Last updated: Wed, 05 Feb 2003 10:14:15 GMT
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:23:32 GMT
PC05 What are the legal qualifications for becoming a candidate at presidential elections?
a. Age
b. Citizenship
d. Residence
f. Registration
j. Other
Comments: A Korean who is 40 years of age or above and has resided in Korea for 5 consecutive years or more as of Election Day is eligible for elections for the Presidency, unless his/her eligibility is suspended due to the conviction of electoral crime, or forfeited by the decision of the court or provisions of an Act.
Source: Constitution, article 67; AEP, articles 16 and 19.
Last updated: Wed, 05 Feb 2003 10:16:10 GMT
PC06 What can disqualify a candidate at legislative elections?
a. Current criminal incarceration
c. Criminal record
e. Offences against electoral law
f. Holding of military office
g. Holding of government office
k. Mental health problems
n. Holding of other public offices (police etc.)
o. Other
Comments: c. Applies to those whose conviction has not yet been invalidated. k. Applies to those who are declared to be so by the court. o. Includes any court ruling or any provision of other Acts that suspend or forfeit the eligibility for election.
Source: AEP, article 19 and 53
Last updated: 2007-01-03 09:19:01 UTC
PC07 What can disqualify a candidate at presidential elections?
a. Current criminal incarceration
c. Criminal record
e. Offences against electoral law
f. Holding of military office
g. Holding of government office
k. Mental health problems
o. Not applicable
Comments: c. Applies to those whose conviction has not yet been invalidated. k. Applies to those who are declared to be so by the court. o. Includes any court ruling or any provision of other Acts that suspend or forfeit the eligibility for election.
Source: AEP, article 19 and 53
Last updated: 2007-01-03 09:19:01 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
b. In presidential elections
c. In legislative elections (Chamber 1)
Source: AEP, articles 48 and 49.
Last updated: Fri, 20 Dec 2002 18:46:06 GMT
PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
a. Signature requirement (specify)
b. Deposit requirement (specify)
Comments: a. more than 300 but less than 500. b, 12,000 USD. This is common with those who are affiliated with a registered party.
Source: AEP, articles 48, 49 and 56.
Last updated: 2007-01-03 09:19:01 UTC
PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
e. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:24:22 GMT
PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
a. Signature requirement (specify)
b. Deposit requirement (specify)
Comments: a. More than 2,500 but less than 5,000. It should be distributed among more than 5 Shi/Dos, and each Shi/Do should have more than 500 signatures of those who are registered as voters there. b. 500,000,000 Won (417,000 USD).
Source: AEP, articles 48 and 56.
Last updated: 2007-01-03 09:19:01 UTC
PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect
Comments: All registered parties are not eligible for direct public funding. Only those which have seat(s) in the National Assembly or have gained a certain level of support (2% or more) in a nation-wide election are eligible. However, all registered parties are eligible for indirect public funding such as tax exemption for contribution to the party.
Source: APF, articles 27 and 59.
Last updated: 2007-01-03 09:19:01 UTC
PC13 If political parties receive direct/indirect public funding, when do they receive this?
c. As related to the election period and between elections
Comments: On top of ordinary public funding in a year of no national election, there is additional public funding for each national election.
Source: APF, article 25.
Last updated: 2007-01-03 09:19:01 UTC
PC14 If political parties receive indirect public funding, identify the type of funding:
b. Tax credits
Source: APF, article 59.
Last updated: 2007-01-03 09:19:01 UTC
PC15 What is the basis of the public funding?
b. Based on result of previous election
c. Based on current legislative representation
e. Other
Comments: e. Political parties that nominate female candidates for proportional representative seats in the National Assembly and Regional Councils are entitled to receive additional public subsidy from Jan. 1, 2003.
Source: APF article 26 and 29.
Last updated: 2007-01-03 09:19:01 UTC
PC16 If political parties receive public funding, what is the specified purpose?
a. General party administration
b. Election campaign activities
Source: APF, articles 2 and 19.
Last updated: Fri, 20 Dec 2002 19:01:10 GMT
PC17 Are political parties entitled to private funding?
a. Yes
Source: APF, article 4.
Last updated: 2007-01-03 09:19:01 UTC
PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections
Source: APF, article 4.
Last updated: 2007-01-03 09:19:01 UTC
PC19 Which of the following party financing provisions are applicable?
b. Public disclosure of party expenditure
c. Prohibition on party funding from foreign sources
e. Ceilings on party election expenses
h. Publication or public access to contribution and / or expenditure reports
Source: APF, articles 2, 12, and 40; AEP, article 121.
Last updated: 2007-01-03 09:19:01 UTC
PC20 Which of the following candidate financing provisions are applicable?
b. Public disclosure of candidate expenditure
c. Prohibition on candidate funding from foreign sources
d. Ceilings on how much money a candidate can raise
e. Ceilings on candidate election expenses
h. Publication or public access to contribution and / or expenditure reports
Source: APF, articles 2, 12 and 40; AEP, article 121.
Last updated: 2007-01-03 09:19:01 UTC
Vote Counting
VC01 What are the characteristics of ballots used at national legislative elections (Chamber 1)?
a. Single ballot (all registered parties listed)
d. Categorical (only one mark allowed)
g. Different ballots used in different constituencies
l. No photos or logos, only party and/or candidate names
m. Organized alphabetically
o. Ballots signed or otherwise authenticated by polling station official
Comments: m) applies to independent candidates and candidates nominated by political parties that do not have any seats in the National Assembly.
Source: AEP, articles 150 and 151.
Last updated: Tue, 07 Jan 2003 15:50:40 GMT
VC02 What are the characteristics of ballots used at national legislative elections (Chamber 2)?
s. Not applicable
Comments: The national legislature consists of only one chamber.
Source: Constitution, article 40.
Last updated: Fri, 10 Jan 2003 10:25:02 GMT
VC03 What are the characteristics of ballots used at presidential elections?
a. Single ballot (all registered parties/candidates listed)
d. Categorical (only possible to make one mark)
g. Different ballot used in different constituencies
l. No photos or logos, only party and/or candidate names
m. Organized alphabetically
o. Ballots signed or otherwise authenticated by polling station officials
Comments: m) applies to independent candidates and candidates nominated by political parties that do not have any seats in the National Assembly.
Source: AEP, articles 150 and 151.
Last updated: Tue, 07 Jan 2003 15:52:35 GMT
VC04 Following the close of the voting, where are the votes first sorted and counted?
c. At special counting centres
Source: AEP, articles 172 and 173.
Last updated: Tue, 07 Jan 2003 15:53:14 GMT
VC05 What procedures are used in the initial count?
c. Tally of voters who voted
d. Number of ballots in box reconciled against number of voters
e. Number of ballots reconciled against ballots initially received (minus spoilt and unused)
j. Sorted into piles according to individual party/candidate
k. Counted by machine
o. Data fed into computer for calculation
p. Copies of results of the count are publicly posted at the counting site immediately on the completion of the count
Source: AEP, articles 177, 178, 181 and 184-186.
Last updated: Tue, 07 Jan 2003 15:55:25 GMT
VC06 Following the sorting and counting, to where are the results first transmitted for consolidation?
d. Regional level (specify whether it is constituency/ province/ state/ department/other)
e. National level
Comments: e) applies to the election for proportional representative National Assembly members.
Source: AEP, article 185.
Last updated: Tue, 07 Jan 2003 15:56:25 GMT
VC07 At what levels are seats allocated?
c. Regional level (specify whether it is constituency/ province/ state/ department/other)
d. National level
Comments: e) applies to the election for proportional representative National Assembly members.
Source: AEP, articles 188 and 189.
Last updated: Tue, 07 Jan 2003 15:57:29 GMT
VC08 How are the initial/preliminary polling results transmitted and communicated to the different levels?
b. By telephone
c. By fax
g. Internet
Source: AEP, articles 170, 185 and 186.
Last updated: Tue, 07 Jan 2003 15:58:33 GMT
VC09 If the polling results are physically transported, what is transported?
i. Not applicable
Source: AEP, articles 170, 185 and 186.
Last updated: Wed, 08 Jan 2003 11:30:22 GMT
VC10 If the polling results are physically transported, what security measures are used?
k. Not applicable
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:45:54 GMT
VC11 Under what conditions are ballots recounted?
f. Other
Comments: f. election dispute. Though recounting is not required by any provision of the election law, EMBs tend to recount in case of close matches, so that they can avoid election disputes and the possibility of overturn of an election result by the court's recount.
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:46:19 GMT
VC12 If automatically recounted, what is the trigger?
e. Not applicable
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:46:41 GMT
VC13 If ballots are recounted by request, who can make the request?
g. Not applicable
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:47:05 GMT
VC14 If recounted, who conducts the recount?
c. Local Election Management body
h. Courts
Comments: c) applies in case of voluntary recounting, and h) in case of a formal lawsuit.
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:47:34 GMT
VC15 Are preliminary results announced?
b. No
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:48:02 GMT
VC16 If preliminary results are announced, how long after the close of polls is this done?
d. Not applicable X
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:48:28 GMT
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
b. Regional Electoral Management Bodies
c. Local/County Electoral Management Bodies
d. National Government
e. Regional Governments
f. Local Governments
Source: AEP, article 153; ECA, article 14.
Last updated: Fri, 20 Dec 2002 18:20:38 GMT
VE02 At the national level, how often are voter education programs conducted?
a. Continuously
Source: ECA, article 14.
Last updated: Fri, 20 Dec 2002 18:21:18 GMT
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
c. Yes, conducted by the Regional Electoral Management Bodies
d. Yes, conducted by the Local/County Electoral Management Bodies
e. Yes, conducted by the Government
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:34:55 GMT
VE04 What types of voter education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
d. Music and theater
f. Mail-outs
g. Internet
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:35:22 GMT
VE05 What types of civic education activities were carried out at the most recent national elections?
a. Poster/ Billboard campaigns
b. Media advertisement
f. Mail-outs
g. Internet
h. Handouts (printed material)
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:35:47 GMT
Voting Operations
VO01 Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
a. 91-100%
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:40:50 GMT
VO02 Is there a code of conduct for election officials?
b. No
Source: Chairperson, National Election Commission, m_nec(a)nec.go.kr
Last updated: Tue, 11 Feb 2003 10:41:13 GMT
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
c. At any polling station in the same country
e. At mobile polling stations
f. By mail
Comments: Only absentee voters can vote by way of c), e), and f).
Source: AEP, articles 147, 148, 149 and 158.
Last updated: Tue, 07 Jan 2003 15:34:19 GMT
VO04 Who can vote from outside the country?
a. Outside the country voting is not permitted
Comments: Only domestic dwellers are eligible for absentee voting.
Source: AEP, article 38.
Last updated: Tue, 07 Jan 2003 15:35:31 GMT
VO05 If voting outside the country is permitted, at what places?
g. Not applicable
Source: AEP, article 38.
Last updated: Tue, 07 Jan 2003 15:36:03 GMT
VO06 Can people vote in advance of the designated national election day(s)?
b. Yes
Source: AEP, articles 155 and 158.
Last updated: Tue, 07 Jan 2003 15:40:52 GMT
VO07 If electors can vote in advance of the designated national election day(s), how may they do so?
a. At special advance polling centers
b. By mail
d. At mobile polling stations
Comments: This applies only to absentee voters.
Source: AEP, article 158.
Last updated: Tue, 07 Jan 2003 15:42:32 GMT
VO08 If electors can vote in advance of the designated national election day(s), specify who:
f. Other
Comments: f. Absentee voters.
Source: AEP, article 158.
Last updated: Tue, 07 Jan 2003 15:43:15 GMT
VO09 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes
Source: SOP, p. 21
Last updated: Tue, 07 Jan 2003 15:44:10 GMT
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 4.000
Source: SOP, p. 21
Last updated: Tue, 07 Jan 2003 15:44:43 GMT
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: AEP, articles 157, 158 and 159.
Last updated: Tue, 07 Jan 2003 15:46:12 GMT
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 6
b. The largest polling station: 13
Source: SOP, p. 263
Last updated: 2007-01-03 09:27:39 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
e. 20
Comments: 19 years
Source: AEP, article 15.
Last updated: 2007-01-03 09:13:28 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
Source: AEP, article 15.
Last updated: Fri, 20 Dec 2002 17:56:48 GMT
VR03 What restrictions on registering to vote and voting exist in the country?
a. Criminal Incarceration
b. Previous Conviction
d. Mental disability
h. Other
Comments: b. Applies to those convicted of election crimes, and the length of deprivation of franchise is 5 years for those who were fined and 10 years for those who were incarcerated with labor. d. Applies to those who were declared to be incompetent by the Court. h. Those whose right to vote is suspended or forfeited by a decision of the Court.
Source: AEP, article 18.
Last updated: 2007-01-03 09:13:28 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
c. Local Government Authority
Comments: The EMBs supervise the preparation of the voters' lists by the local government authority.
Source: AEP, article 37.
Last updated: Fri, 20 Dec 2002 18:07:41 GMT
VR05 What is the registration method for national elections?
b. Voters register
Comments: There is a law named "Resident Registration Act" which requires every resident in Korea to be registered in a district office of his/her residence. Information to be registered includes date of birth, sex, address, etc. By utilizing this readily available information, authorities in charge of preparing voters' list make new voter's list for each election.
Source: AEP, article 37.
Last updated: Fri, 20 Dec 2002 18:09:55 GMT
VR06 How frequently is the voters register updated?
e. Other
Comments: e. Authorities are responsible for preparing the voters' lists for each election. However, the information registered according to the Resident Registration Act is updated continuously, so that it can be used to make the voters' list at any time.
Source: AEP, articles 37 and 44.
Last updated: Fri, 20 Dec 2002 18:14:39 GMT
VR07 What methods are used to compile and update the voters register?
j. Other
Comments: There is a law named "Resident Registration Act" which requires every resident in Korea to be registered in a district office of his/her residence. Information to be registered includes date of birth, sex, address, etc. By utilizing this readily available information, authorities in charge of preparing voters' list make new voter's list for each election.
Source: AEP, article 37.
Last updated: Wed, 15 Jan 2003 19:08:06 GMT
VR08 Is it compulsory to be on the voters register?
a. Yes
Comments: There is a law named "Resident Registration Act" which requires every resident in Korea to be registered in a district office of his/her residence. Information to be registered includes date of birth, sex, address, etc. By utilizing this readily available information, authorities in charge of preparing voters' list make new voter's list for each election.
Source: AEP, article 37.
Last updated: Fri, 20 Dec 2002 18:18:09 GMT
20/05/2008 07:19
