Overseas Election System

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Overseas Election Campaigning

writer : 선거2과 Registration Date : 2013-09-05

Overseas election campaigns targeting overseas voters should be carried out as follows:

  • Posting comments or videos for campaigns on websites or its boards, chat rooms as well as e-mail or text messages : On election day, these activities are not allowed
  • Telephone(excluding robocall) campaign or campaign by speaking with voters during the election campaign period
  • Through broadcast advertising and/or TV/radio speeches by candidates or their political parties via domestic satellite during the election campaign period
    Domestic satellite: Domestic broadcasting facilities that have permission to broadcast overseas and are run and managed by broadcasters pursuant to the Broadcasting Act.
  • Via telephone or direct conversation during the election campaign period
    Campaign methods not listed above are strictly prohibited and groups or organizations (including their representatives, employees and members) are also prohibited from campaigning for overseas voters under their names or the names of their representatives.
    The election campaign period starts on the first day of the election period and continues to the day before election day. Campaigning outside this period is not allowed.

Measures to Secure Fairness of Overseas Election

  • Restriction on issuing, renewing a passport for overseas election criminals
    • Restrictions applied to:
      • A person suspected of committing election crimes overseas with sufficient proof which is subject to a term of more than 3-year sentence if convicted, who has failed to respond to NEC investigation or whose whereabouts are unknown, therefore cannot conclude the investigation.
      • A person who was ordered stay of prosecution after committing election crimes overseas subject to a term of more than 3-year sentence.
    • Means (Korean Nationals) : Upon the request of the NEC or prosecutor’s office, the Minister of Foreign Affairs and Trade will prohibit the issue or renewal of passport or order the return of passport.
    • Restriction Period : Within 5 years after the election day
  • Entry Prohibition of Overseas Election Criminals with Foreign Nationality
    • Prohibition applied to : Non-Koreans suspected of overseas election crimes with sufficient proof. (Entry permitted to those who are coming to Korea to cooperate with the investigation)
    • Means (Non-Koreans) : The Minister of Justice prohibits the entry into Korea.
      ※ The NEC may notify the Minister of Justice of the list of persona non grata.
  • Consular Investigation and Online video Investigation
    • At the request of the Court or the Prosecutor’s office, a consul at the Korean embassy or diplomatic missions may summon a suspect or relative persons to hear their statement.
    • Prosecutors or judicial police officers may hear their statement from suspects or relevant persons who appear in the Korean embassy or diplomatic missions through online video device.

To ensure a fair and transparent election, the Public Official Election Act stipulates that offerings of entertainment, money or goods by politicians are strictly prohibited at any and all times.

The statute of limitations on a violation of election laws committed overseas is five years after the relevant election day.