In the case of less than a quarter of the total vacancy under the Election Act, it may not be held.
Depending on the region, even if the reason for the vacancy is the same, whether or not it is implemented differ
Claims of “infringement of the right to vote, the right to be elected, and the right to serve in public service
On the afternoon of the afternoon of the 16th, 50 days before the Seoul mayor’s by-election, officials from the Seoul Election Commission are posting banners promoting the election at the plaza in front of the Seoul City Hall in Jung-gu, Seoul. yunhap news
The re-election, held on April 7th, will not only select the mayors of Seoul and Busan, but also two heads of national organizations, eight regional councilors, and eight basic councilors. However, there are constituencies that do not hold elections on this day even though there are vacancy in local councils. Why? Under the Public Official Election Act, even if the remaining term of office is less than one year, or a vacancy occurs due to loss of the right to vote, death, or resignation of a member of a local council (regional/basic), the by-election is not vacant for more than a quarter of the total number of seats. It stipulates that it may not be paid (Article 201, Paragraph 1). It is a provision based on the basis for not holding the by-election. Whether or not to hold the by-election of local council members is decided by the local election management committee. The reasons for not holding elections are usually’concerned about wasting election expenses’ and’there is another legislator who can represent the public’s opinion in a middle-election district’. However, the Paju City Council, where local councilors’lost the right to vote’ due to violations of the National Security Act, resigned due to scandals between constituencies (People’s Party Ahn So-hee, hereafter the party member at the time of election) or lawmakers, and the responsibility of parliamentary claudication. On Joo-hyun) will hold the by-election this time. On the other hand, Michuhol-gu, Incheon, where he “lost the right to be elected” by decorating social service documents to a drug offender and received money, or the Ma constituency in Bucheon-si, Gyeonggi, which “resigned” after being arrested on charges of theft and bribery promises of mediation. Democratic Party Lee Dong-hyun) does not hold elections. Even when a member of the lawmaker is expelled from the local council and loses his post, the by-election is not usually held. This is because if the lawmaker in question opposes the decision to expel the local council, wins a lawsuit, and returns, a quarrel with the elected member of the by-election will arise. The Central Election Commission also recommends not holding a by-election because of this possibility. In September of last year, the Gwanak-gu council expelled lawmakers Lee Gyeong-hwan and Seo Hong-seok (also known as the Democratic Party), each convicted in the first trial on charges of forced harassment and forgery of private documents, and the election committee in Gwanak-gu decided not to hold a by-election on October 12 last year. The two did not file a lawsuit for cancellation of expulsion within 90 days, which is the deadline for filing a lawsuit, but the decision to not take effect has not changed. As a result, those who were preparing for the by-election in the two congressional districts expelled by the local council requested a temporary injunction against the Gwanak-gu election committee, saying that’the right to be elected and the right to be in charge of public affairs were violated’ when the election was not held. It led to my court battle. However, the Seoul Administrative Court rejected the application for provisional injunction on the 17th, saying, “Even if the NEC’s decision is suspended, the NEC does not have an obligation to conduct a by-election.” Attorney Ryu Ha-gyeong, who represented the lawsuits, said, “The rule that by-election of members of the National Assembly and the heads of a group must be elected by-election and not to the local council is difficult to confirm even the purpose of the legislation even though it violates the sovereign’s right to vote “I am going to file a constitutional petition for this.” By Park Tae-woo, staff reporter [email protected]