The National Election Commission (NEC) of the Republic of Korea, with the two major upcoming elections in 2022, announced that it will inform political parties and prospective candidates of limited or prohibited acts that are effective from September 10, 180 days before the 20th Presidential election day, and of the major violation cases that could occur during Chuseok holidays and reinforce preventive measures and crackdown on the activities of violation.

The Public Official Election Act limits or prohibits the specific acts that influence the election from September 10, 2021, 180 days before the election day, to March 9, 2022, the election day in order to ensure equality of opportunity for election campaigns among the candidates and prevent violation of fairness of the election caused by any illegal acts.

The acts are as follows:

□ Acts limited or prohibited from September 10, 180 days before the election day

Any agencies, institutions, organizations, or facilities that are established and operated by political parties or candidates shall not:

- Engage in acts that can affect the election targeting the constituents

- Promote in ways that the name of a political party or a candidate can be inferred so as to publicize the establishment or activities of his/her agency or institution to the constituents

In addition, no one shall engage in any of the following acts to influence the election:

- Installing or posting the advertising materials including signboards or banners, etc.

- Wearing or distributing marks such as labels, etc.

- Manufacturing or selling any symbolic materials indicating a candidate including dolls and mascots

- Distributing, affixing, playing, or posting advertisements, letters of greeting, posters, photographs, documents, drawings, printed matters, audio and video recorded materials, which reveal the contents of supporting, recommending or opposing a political party or a candidate, or showing the name of a political party or a candidate

Accordingly, any facilities such as street banners, etc. containing the name or photograph of a prospective presidential candidate should be voluntarily removed by Thursday, September 9, a day prior to the 180 days before the election day.

□ Acts of violation during the Chuseok holidays

- Offering fruits or gifts, etc. to the constituents in the name of courtesy greetings on holidays

- Participating in various assemblies held outdoor and engaging in an election campaign with spoken words targeting a number of participants

- Engaging in an election campaign using telephones installed with an automatic sending device connected to a computer

However, the acts specified below are allowable:

- Acts for those eligible for an election campaign to do so by using text messages, internet homepage websites, and e-mails

- Engaging in an election campaign with spoken words by giving greetings individually to the participants in various events

- Engaging in an election campaign by communicating directly as a caller and a receiver on the phone

While the NEC will actively give guidelines of the relevant statutes and major examples of violation to each political party and prospective candidate, local council members and heads of the local governments, and any relevant institutes and organizations, so that there are no cases of violation due to their ignorance, it plans to deal with the acts of violation in a strict manner including filing complaints just in case they take place despite of the guidance in advance.

Particularly, since the two big elections are near, the NEC will focus on enforcing the regulations against the acts of donation of a prospective candidate, etc. such as giving gifts by using parcel service; also in case that any acts of violation take place, a metropolitan investigation task force will be put in immediately, and the scientific investigative methods such as mobile phone forensic and Digital Authentication System (DAS) will be utilized in a positive manner.

In addition, those who receive money, goods, or foods will be imposed with penalty not more than 50 times of the value within the maximum of 30 million Korean won (approximately $25,500 USD). However, the penalty will be reduced for those who turn themselves in according to each circumstance. Also those reporting the acts of violation will be rewarded with up to 500 million Korean won (approx. $427,000 USD), said the NEC.

The NEC urges people to report by calling 1390 nationwide in case any acts of violation are found as the reporting and registration system violation of the election law will be available during Chuseok holidays.