Electoral Dispute Resolution

Excerpt from ACEProject.org

The Election Commission of Korea and employees of an EC are given the authority to investigate any violation of the Public Official Election Act or Political Funds Act, to collect evidence of violations, and to ask the person in question to present him/herself at the EC office. When they suspect a violation, the election officials may request relevant institutions to submit financial transaction and communication records. Administrative fines may be imposed as a result of election law violations, and a halt or correction order or warning may be issued. When a halt or correction order or warning is not carried out, or when there are election law violations that are deemed to greatly harm the integrity of an election, the case will be brought to the prosecutor’s office.

The Korean Constitutional Court was established in 1988. The current Constitution of 1987 adopted an independently specialized court regarding the constitutional dispute in addition to the Supreme Court. The functions of the Constitutional Court include deciding on the constitutionality of laws, ruling on competence disputes between governmental entities, adjudicating constitutional complaints filed by individuals, giving final decisions on Impeachments, and making judgments on dissolution of political parties. There are nine Justices who serve a six-year renewable term.

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