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NEC to Introduce the Application Standards of the Public Official Election Act in Regards to the Forums for Presidential Candidates

Date :06/28/2021Read : 134

- Establishment and activities of the forums allowed for the purpose of policy development

- It is a violation if a forum becomes a private entity for an election campaigning


The National Election Commission (NEC) of the Republic of Korea prepared the application standards on the establishment, operation and activities of the forums; it informed each forum of the standards, so that any violations against the Public Official Election Act (hereinafter it refers to as ‘the Act’) will not occur as the activities of the forums that are related to the aspirant candidates are prevailing in the impending 20th presidential election in 2022.

 

The establishment of a forum for the purpose of policy research and development is not legally prohibited except for the cases below:

If a forum is established as a private entity or a similar one for the purpose of ‘election campaigning’ for a particular candidate (it also includes a person who wants to become a candidate, and the same shall apply hereinafter) If a forum that has already been established and engaged in activities transfers into an organization and starts to work for supporting or opposing a particular candidate If a forum engages in an election campaigning after it joins an election campaigning organization of a political party as an affiliated body, it will be regarded as the violation of the Article 87 (Prohibition of an election campaigning of an organization) or 89 (Prohibition of the establishment of an similar organization) of the Act.

 

It is allowed for a forum to accept the expenses for management of the forum from its members according to its articles of association; however, in the event that the forum collects money for the political activities or for the expenses spent for the political activities of a candidate, it will be regarded as the violation of the Article 2 and 45 of the Political Fund Act.

The NEC urged the forums to be especially cautious so as not to violate the Act by saying that it will judge accordingly based on the Supreme Court precedents and the legal regulations of prohibition and limitation of election activities when it comes to judging whether the activities violate the Act.

 

The main application standards for the activities of the forums are as follows:

 

□ Actions Permitted

- Engaging in activities for the purpose of policy research and development of a particular candidate

- Soliciting through SNS and text messages to join a forum, and distributing membership applications

- Putting up street banners to inform the public of general information of membership recruitment under the title of a forum

- Holding an inaugural ceremony of a forum where a candidate and guests are invited or having a congratulatory message delivered by a guest

- Holding a lecture seminar with a candidate invited as a speaker

* If a forum involves any election campaigning such as an announcement of pledges or an appealing for support by using loudspeakers, it will be regarded as a violation.

- Posting the activities of a candidate through the forum’s SNS

- Receiving operation expenses of a forum from its members according to its articles of association

 

□ Actions that are not permitted

- Becoming a private entity or a similar one for an election campaigning

- Transferring into an organization If a forum has already existed and been in action from before, but transfers/switches into an organization for supporting or opposing a candidate

- Joining an election campaigning organization of a political party as an affiliated body and engages in an election campaigning

- Holding an assembly in order to assert victory in an election or to support a candidate for an election

- Recruiting the electoral college to support a particular candidate in preparation for a primary election in which the members and non-members participate

- Putting up street banners or wearing sashes, displaying a candidate’s name in order to recruit membership from September 10th, 180 days prior to the presidential election

- Collecting money for the political activities of a candidate or for the expenses spent for the political activities of a candidate

 


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