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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
To ensure the fair delimitation of constituencies for electing members of the National Assembly, a
National Assembly Election Boundary Delimitation Commission shall be established and operated.
Source:
Public Official Election Act, Articles 20-24: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
a . The legislature (national/subnational)
Comments:
Source:
AEP, Chapter 3.
Verified:
2002/12/20
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population
b . Respecting natural barriers
c . Compactness of constituencies
d . Conformity with local jurisdiction boundaries
e . Geographic size of district
Comments:
The boundaries of a constituency for electing a member to the National Assembly shall be delimited in
the area within the jurisdiction of a City/Do in accordance with the following standards, in consideration
of the population, administrative districts, geographical features, traffic, living and cultural area, etc.
Source:
Public Official Election Act, Article 25,26: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
BD004
Question: If population is a criterion, which population figure is used?
Answer:
a . Total population
Comments:
Source:
AEP, article 25.
Verified:
2002/12/20
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
d . Boundary Commission
Comments:
A delimitation committee for National Assembly elections is established under the National Election Commission. This committee is responsible for drafting boundary proposals, which are then confirmed by the National Assembly through legislation. Additionally, a separate delimitation committee for the elections of Gu/Si/Gun Council members is established within the relevant Si/Do (provinces).
Source:
Public Official Election Act, Article 24: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
d . Changes in distribution of total population
g . Changes in administrative boundaries
Comments:
Source:
AEP, article 25.
Verified:
2016/10/19
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
b . Directly elected in general elections (simple majority)
Comments:
The President is the Head of State and represents the State vis-a-vis foreign states.
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 of the Republic of Korea, Article 66, 67: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments:
The Prime Minister shall be appointed by the President with the consent of the National Assembly.
If the office of the presidency is vacant or the President is unable to perform his or her duties for any reason, the Prime Minister or the members of the State Council in the order of priority as determined by Act shall act for him or her.
Source:
Constitution of the Republic of Korea, Article 86, 87: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source:
Constitution of the Republic of Korea: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments:
The legislative power shall be vested in the National Assembly.
Source:
CConstitution of the Republic of Korea, Article 40: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments:
For proportional representation, voters cast their votes for parties' national lists of candidates. Seats are then allocated to each party in proportion to the number of votes received. The National Assembly consists of a total of 299 seats: 245 are district representatives elected from single-member constituencies, and 54 are proportional representatives elected based on party lists.
Source:
Public Official Election Act, Article 188, 189: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source:
Verified:
2002/12/18
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source:
AEP, article 189.
Verified:
2004/07/13
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
b . Specially delimited constituencies
Comments:
Source:
AEP, article 20.
Verified:
2003/02/11
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
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.
Verified:
2003/02/11
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Constitution, article 40.
Verified:
2003/01/10
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments:
b. Parties that received 3-5% of total votes are allotted 1 seat each.
Source:
AEP, article 189.
Verified:
2003/02/05
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
a . No minimum
Comments:
FPTP in constituencies.
Source:
AEP, article 188.
Verified:
2002/12/20
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
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.
Verified:
2002/12/20
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
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.
Verified:
2003/01/08
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution
b . Separate legislation
d . Regulations or administrative rules
Comments:
Source:
Constitution of the Republic of Korea: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Public Official Election Act: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Political Parties Act: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Political Fund Act: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
b . Regional elections
c . Local elections
Comments:
This Act shall apply to presidential elections, National Assembly elections, and elections of local council
members and the heads of local governments
Source:
Public Officials Election Act, Article 2: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
The State shall take necessary measures to enable an eligible voter to exercise his/her voting franchise.
Source:
Public Officials Election Act, Article 6: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
LF005
Question: 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?
Answer:
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.
Verified:
2002/12/20
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
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).
Verified:
2002/12/20
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
b . EMB
Comments:
Disputes related to Presidential and Legislative elections fall under the jurisdiction of the Supreme Court. For regional and local elections, disputes are initially handled by the district election commissions but may ultimately be appealed to the judiciary.
Source:
Public Officials Election Act, Article 186, 219, 222, 223: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
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.
Verified:
2002/12/20
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
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.
Verified:
2002/12/20
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
c . Superior Court
Comments:
Source:
AEP, articles 222 and 223.
Verified:
2002/12/20
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
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.
Verified:
2002/12/20
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
b . Regional level
c . Local level
Comments:
The Election Commission manages the presidential election and elections for National Assembly Members, for Local Council Members and for heads of the local government as prescribed by the 'Public Official Election Act'.
Source:
National Election Commission Website: https://www.nec.go.kr/site/eng/01/10101040000002020070611.jsp
Verified:
2024/08/28
EM003
Question: The national electoral management body reports to:
Answer(s):
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.
Verified:
2002/12/20
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
The following expenses incurred in preparing and holding a presidential election and a National Assembly election 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.
The National Assembly shall deliberate and decide upon the national budget bill.
Source:
Constitution of the Republic of Korea, Article 54: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Public Officials Election Act, Article 277: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments:
Expenditures of the National Election Commission are reviewed by the National Assembly. The Board of Audit and Inspection examines the NEC's accounting records in accordance with national accounting standards during financial audits
Source:
Constitution of the Republic of Korea, Article 97: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments:
The term of office of the members of the Commission shall be six years.
Source:
Constitution of the Republic of Korea, Article 114 (3): https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
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.
Verified:
2008/01/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Election commissions shall be established for the purpose of fair management of elections and national referenda, and dealing with administrative affairs concerning political parties.
The National Election Commission may establish, within the limit of Acts and decrees, regulations relating to the management of elections, national referenda, and administrative affairs concerning political parties and may also establish regulations relating to internal discipline that are compatible with Act.
Source:
Constitution of the Republic of Korea, Article 114-115: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments:
Nine members.
Source:
Constitution of the Republic of Korea, Article 114 (2): https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
The National Election Commission shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the Supreme Court. The Chairperson of the Commission shall be elected from among the members.
Source:
Constitution of the Republic of Korea, Article 114-115: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State
e . Legislature
f . Judiciary
Comments:
The National Election Commission shall be composed of three members appointed by the President, three members selected by the National Assembly, and three members designated by the Chief Justice of the Supreme Court. The Chairperson of the Commission shall be elected from among the members.
Source:
Constitution of the Republic of Korea, Article 114 (2): https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
b . Regional Electoral Management Bodies
c . Local/County Electoral Management Bodies
Comments:
The National Election Commision conducts information campaigns on their webpage.
Each Gu/Si/Gun election commission shall prepare voting information notices for each household, including the names of eligible voters, the registration number in the official list of eligible voters, the location of polling station, balloting hours, things that each eligible voter shall carry for voting, or other contents to invite such eligible voters to participate in the voting.
Source:
Public Official Election Act, Article 153: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
National Electoral Commission Website: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1269
Verified:
2024/08/28
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
a . Continuously
Comments:
Source:
National Electoral Commission website: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1269
Verified:
2024/08/28
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
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
Comments:
The National Election Commission (NEC) of South Korea has a separate institute entitled ‘Korean Civic Education Institute for Democracy”. The Institute has three major civic education programmes: (1) civic education for elementary, middle and high school teachers. The contents of this program is training for how to open children’s minds and methods to cultivate creativity, (2) civic education for general voters including university students, future voters, ordinary voters. The contents of these programs aim to prepare voters to have more political awareness, cooperative mindedness, leadership, and there are also special programs to help North Korean refugees prepare themselves to exercise their voting rights in the south, (3) civic education for opinion leaders such as journalists and NGO members in order for them to take a desirable role in democratic civic society. In addition, the institute has a Democratic Governance Academy to enhance democratic leadership programme for female leaders, college student leaders, youth leaders, and future leaders.
Source:
Korean Civic Education Institute: https://aerc.anfrel.org/country/south-korea/civic-and-voter-education/
Public Official Election Act, Article 153: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns
b . Media advertisement
d . Music and theater
f . Mail-outs
g . Internet
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns
b . Media advertisement
f . Mail-outs
g . Internet
h . Handouts (printed material)
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
b . Young people/ first time voters
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
A national of 18 years of age or older shall have the right to vote in elections of the President and
members of the National Assembly.
Source:
Public Official Election Act, Article 15(1): https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments:
A national of 18 years of age or older shall have the right to vote in elections of the President and
members of the National Assembly.
Source:
Public Official Election Act, Article 15(1): https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
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.
Verified:
2007/01/03
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments:
The Electoral Management Body supervises the preparation of the voters' lists by each local government authority.
Source:
Public Official Election Act, Article 37: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VR005
Question: What is the registration method for national elections?
Answer:
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.
Verified:
2002/12/20
VR006
Question: How frequently is the voters register updated?
Answer:
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.
Verified:
2002/12/20
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
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.
Verified:
2003/01/15
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
An official list of eligible voters shall be finalized 12 days before the election day.
Where the head of a Gu/Si/Gun makes an error so that a rightful eligible voter is found to be omitted in the official list of eligible voters from the day following the date when the objection period expires as provided in Article 41 (1) to the day preceding the date when the official list of eligible voters becomes final as provided in Article 44 (1), the eligible voter in question or the head of the Gu/Si/Gun concerned may request the competent Gu/Si/Gun election commission in writing to enter the omitted person in the official list of eligible voters, by appending explanatory materials, such as a certified copy of such person's resident registration card
Source:
Public Official Election Act, Article 39-44: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement)
c . Regional distribution requirement
f . Other
Comments:
A political party shall come into existence when its central party is registered with the National Election Commission.
Political parties shall have five or more City/Do parties: City/Do parties shall have at least 1,000 party members.
Source:
Political Parties Act, Article 4,12,17,18: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age
b . Citizenship
f . Registration
Comments:
A national of 25 years of age or older shall be eligible for election as a member of the National Assembly.
A national who is aged 25 years or older and registered as a resident in a district under the jurisdiction
of the relevant local government for at least 60 consecutive days (from the record date of the official list of
eligible voters up to the election day consecutively, in cases of any person who had been sent to a foreign
country in public services and has returned to the Republic of Korea after 60 days before the election day)
as of the election day, shall be eligible for election for the relevant local council member and the head of
the local government
Source:
Public Official Election Act, Article 16, 18, 19: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
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.
Verified:
2003/02/05
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
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
Verified:
2007/01/03
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
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
Verified:
2007/01/03
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections
c . In legislative elections (Chamber 1)
Comments:
Electors registered as residents in any constituency may recommend anyone who is not a member of any political party as a candidate (hereinafter referred to as an independent candidate) to run in the election for that constituency, excluding proportional representation elections for National Assembly members and local council members.
Source:
Public Official Election Act, Article 46-49 https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
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.
Verified:
2007/01/03
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2003/01/10
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
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.
Verified:
2007/01/03
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
c . Indirect
Comments:
Not all registered parties are eligible for direct public funding. Only parties that have seats in the National Assembly or have received a certain level of support (2% or more) in a nationwide election are eligible for subsidies.
All registered parties, regardless of their eligibility for direct funding, may benefit from indirect public funding, such as tax exemptions for contributions to the party.
Source:
Political Fund Act, Article 27, 59: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
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.
Verified:
2007/01/03
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
b . Tax credits
Comments:
Source:
APF, article 59.
Verified:
2007/01/03
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
c . Based on current legislative representation
e . Other
Comments:
Political parties that nominate female candidates for proportional representation seats in the National Assembly and regional councils are eligible for additional public subsidies.
Source:
Political Fund Act, Article 26, 29: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration
b . Election campaign activities
Comments:
Source:
APF, articles 2 and 19.
Verified:
2002/12/20
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Every political party may collect party membership fees from its members.
Source:
Political Fund Act, Article 4: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source:
APF, article 4.
Verified:
2007/01/03
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
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
Comments:
Source:
APF, articles 2, 12, and 40; AEP, article 121.
Verified:
2007/01/03
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
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
Comments:
Source:
APF, articles 2, 12 and 40; AEP, article 121.
Verified:
2007/01/03
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body
Comments:
Source:
Constitution, article 114; APF, article 22
Verified:
2007/01/03
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
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.
Verified:
2009/11/04
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
s . Not applicable
Comments:
The national legislature consists of only one chamber.
Source:
Constitution, article 40.
Verified:
2009/11/04
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
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.
Verified:
2009/11/04
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
c . Special counting centres
Comments:
Counting is carried out by the election commission at designated counting places
Source:
Public Official Election Act Article 170, 171, 173: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VC005
Question: What procedures are used in the initial count?
Answer(s):
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
Comments:
Source:
AEP, articles 177, 178, 181 and 184-186.
Verified:
2009/11/04
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
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.
Verified:
2009/11/04
VC007
Question: At what levels are seats allocated?
Answer(s):
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.
Verified:
2009/11/04
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
b . By telephone
c . By fax
g . Internet
Comments:
Source:
AEP, articles 170, 185 and 186.
Verified:
2009/11/04
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
i . Not applicable
Comments:
Source:
AEP, articles 170, 185 and 186.
Verified:
2009/11/04
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
k . Not applicable
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2009/11/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
f . Other
Comments:
Election Management Bodies (EMBs) are responsible for keeping the ballots, while the City/Do election commission maintains the totalization records, election records, and all other related documents. The National Election Commission retains the election records and all other relevant documents. However, if there are no disputes under Articles 219, 222, and 223, the recordkeeping period may be shortened as prescribed by the National Election Commission Regulations.
Source:
Public Official Election Act, Article 186: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VC012
Question: If automatically recounted, what is the trigger?
Answer:
e . Not applicable
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2009/11/04
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
g . Not applicable
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2009/11/04
VC014
Question: If recounted, who conducts the recount?
Answer(s):
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
Verified:
2009/11/04
VC015
Question: Are preliminary results announced?
Answer:
b . No
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2009/11/04
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments:
Source:
AEP, articles 178 and 185.
Verified:
2009/11/04
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
a . hours:
Comments:
a. 6 hours
Source:
National Election Commission.
Verified:
2009/11/04
Media and Elections
ME001
Please provide information about the person completing the questionnaire.
Name and Title: Hye-seung Yi
Job Title: Manager, Organization and Administration Division
Organisation: National Election Commission,
Contact Address: 2-3, Jung Ang-Dong, Kwa Cheon-Shi, Kyung Gi-Do, 427-727, Republic of Korea
Telephone: 00 82-2-503-1114
Facsimile: 00 82-2-507-2204
Email: [email protected]
Source
No Source
Verified
2011/08/16
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
f . Based on size of legislative caucus
Comments:
Political parties can have their policies broadcast in the form of a representative's speech twice a month during the 90 days before the election period begins, and the cost of broadcasting is generally borne by the political parties. However, if a political party that holds a negotiating group in the National Assembly uses public broadcasters during this period, the public broadcaster covers the cost for one of the two broadcasts per month.
Political parties are reimbursed for campaign expenses, including the cost of broadcast and print advertisements, based on their candidates' performance in the presidential election: they receive 100% reimbursement if they obtain 15% or more of the valid votes, and 50% reimbursement if they obtain more than 10% but less than 15% of the valid votes.
Source:
Public Official Election Act, Article 122 (2), 137 (2): https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections
b . Yes, in legislative elections
Comments:
Source:
Public Official Election Act, Article 82, 82 (2), 82(3): https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
d . 6-7 days
Comments:
No one shall publish or report by quoting the details or result of a public opinion poll (including a mock voting or popularity poll; hereafter the same shall also apply in this Article) that may result in a presumption of presume in connection with an election within 6 days before the election day to the close of balloting on election day.
Source:
Public Official Election Act, Article 108: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified:
2024/08/28
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
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.
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.
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, Article 72, 89 (3), 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
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, Article 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
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, Article 72: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source:
https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified:
2024/08/28
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source:
https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified:
2024/08/28
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments:
Article 92: Any voter, who has an objection to the validity of the national referendum, may bring an action to the Supreme Court against the chairman of the Central Election Management Commission with the support of one hundred thousand or more voters within twenty days from voting day.
Source:
National Referendum Act Article 92: http://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=15810&type=part&key=3
Verified:
2024/08/28
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Local Referendum Act
Verified:
2007/01/03
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source:
Local Referendum Act
Verified:
2007/01/03
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source:
Local Referendum Act
Verified:
2007/01/04
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
a . Yes, in all municipalities/districts/communes
Comments:
Source:
Local Referendum Act
Verified:
2007/01/04
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
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
Verified:
2006/12/25
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
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
Verified:
2006/12/25
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
k . None
Comments:
Source:
Verified:
2006/12/25
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
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
Verified:
2007/01/04
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
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
Verified:
2006/12/25
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
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
Verified:
2006/12/25
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified:
2006/12/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments:
Any voter, who has an objection to the validity of the national referendum, may bring an action to the Supreme Court against the chairman of the Central Election Management Commission with the support of one hundred thousand or more voters within twenty days from the voting day.
Source:
Constitution of the Republic of Korea, Article 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
National Referendum Act Article 92-93: http://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=15810&type=part&key=3 (2017)
Verified:
2024/08/28
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
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:
Constitution of the Republic of Korea, Article 72, 89, 130: https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1
Verified:
2024/08/28
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source:
https://www.idea.int/data-tools/data/country?country=119&database_theme=309
Verified:
2024/08/28
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
a . 91-100%
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
VO002
Question: Is there a code of conduct for election officials?
Answer:
b . No
Comments:
Source:
Chairperson, National Election Commission, m_nec(a)nec.go.kr
Verified:
2003/02/11
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
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:
Source:
Public Official Election Act, Art. 147-149, 158: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
c . Citizens outside the country (including those on vacation)
Comments:
Any person staying or living in a foreign country shall make a report via a mission:
1. Any person who leaves Korea before the commencement date of the period for early voting and is
scheduled to return home after the election day;
2. Any person who will not return home until the election day because he/she stays or lives in a foreign
country
Source:
Public Official Election Act, Article 218: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies
b . Consulates
Comments:
Source:
Public Official Election Act, Article 218(1-9): https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
b . Yes
Comments:
Source:
AEP, articles 155 and 158.
Verified:
2003/01/07
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
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.
Verified:
2003/01/07
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
f . Other
Comments:
f. Absentee voters.
Source:
AEP, article 158.
Verified:
2003/01/07
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments:
Source:
SOP, p. 21
Verified:
2003/01/07
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
An elector, after receiving the ballot paper, shall enter a balloting booth, select one candidate (referring to one political party in the election of the proportional representative National Assembly members and the
election of the proportional representative local council members), from among those entered in the ballot paper, make a mark in the corresponding column of the ballot paper, fold the ballot paper on the spot so that other persons can not see the contents, and then put it in the ballot box in the presence of the voting witnesses.
Source:
Public Official Election Act, Article 157-159: https://www.nec.go.kr/site/eng/ex/bbs/List.do?cbIdx=1280
Verified:
2024/08/28