= Urgent need to revise clauses that have become ineffectual after becoming in violation of or not conforming to the constitution =

= According to the lowering of the voting age, it is necessary to discuss supplementing legislation such as setting up a parliamentary briefing session and banning the distribution of name cards in schools =

The National Election Commission (NEC) of the Republic of Korea announced that it sent an official letter on January 10 to the Speaker of the National Assembly (as well as he is the Chairperson of the Legislation and Judiciary Committee, Chairperson of Public Administration and Security Committee) and leaders of political parties with a negotiation group in the National Assembly to call for the revision of the Public Official Election Act, which has become ineffectual after becoming in violation of or not conforming with the constitution, while asking for discussions on supplementing legislation to resolve the issues caused by the lowered the voting age. 

The NEC urged the revisions to be made because, with the election process fully underway about 90 days ahead of the 21st National Assembly elections, there are concerns that a legislative vacuum could disrupt potential candidates and voters, as well as causing an issue for the stable management of elections by the election commission.  

Urgent need to revise clauses that have become ineffectual after becoming in violation of or not conforming to the constitution

The Constitutional Court ruled a provision in Article 56 (Deposit Money) of the Public Official Election Act that requires a deposit of 15 million won for candidates for proportional representation members of the National Assembly unconstitutional on the grounds it is excessive and thus infringes on a person’s right to hold public office in proportional representation seats.  

In addition, the Constitutional Court ruled a provision in Article 57 (Return, etc. of Deposit Money) of the same Act that states deposit money is not returned if a preliminary candidate fails to register as a candidate because they are excluded from the party''s nomination process did not conform with the Constitution on the grounds that not returning deposit money is an excessive restriction on property rights that should be outside the scope of the legislation. 

The NEC said that since these clauses have already lost their effect beyond the constitutional amendment deadline, it is urgent to revise the law so that potential candidates can prepare for elections in a stable environment. 

According to the lowering of the voting age, it is necessary to discuss supplementing legislation such as setting up a parliamentary briefing session and banning the distribution of name cards in schools

In addition the NEC said that discussions are needed on supplementing legislation on provisions related to lowering of the voting age as there are concerns that it will create confusion within the education system, including the potential politicization of high schools and violation of the right to study and teach.

Supplementary legislation needs to be considered, including:

• If preliminary candidates should be prohibited from distributing name cards at primary and secondary schools

• If speeches should be banned in primary and secondary schools;

• If it is prohibited to hold parliamentary briefing sessions at primary and secondary schools

• If teachers at private schools will be included in the provision banning the use of public officials’ status in election campaigns.

Outside of these issues, the suggested revisions also included measures to improve the voting convenience and fair election management system for voters, including the revision and supplementation of the permanent overseas voter’s list system to guarantee voting rights for overseas voters and ease the inconvenience of applying for registration.

The NEC said it deeply regrets that the uncertain election environment continues despite the fact that elections are the most important process in realizing people''s sovereignty, and asks the National Assembly to push ahead with the revision of the Public Official Election Act as soon as possible so that voters can fully exercise their rights and candidates can compete under fair rules.​