Chapter 3 Election and Recall
Section 9 Recall
Paragraph 3 Voting and Ballot Counting for Recall
The voting for recall shall be held within 20-60 days commencing from the day when the establishment of the proposal of recall is announced. Other elections may be held at the same time during the period of recall. If the person being recalled is also a candidate, the voting for recall shall be held within 60 days commencing from the day when the establishment of the proposal of recall is announced.
If the person being recalled dies, leaves the post or resigns before the polling day, the election commission shall announce the termination of such recall.
In the ballots for recall shall be printed two columns, "Agree to Recall" and "Not Agree to Recall”, and the voter shall use the tool prepared by the election commission to mark and select one column.
After marking one column, the voter may not show the contents of the marked ballot to others.
The provisions set forth in this Act regarding electors, the list of electors, voting and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for recall.
Among the valid ballots for recall, where the number of consenters is more than that of dissenters and achieves 1/4 of the total electors in the original electoral district, the proposal of recall shall be adopted.
Among the valid ballots for recall, where the number of dissenters is more than that of consenters or the number of consenters does not meet the quota prescribed in the preceding Paragraph, the proposal of recall shall be vetoed.
After the process of voting, the election commission shall, within 7 days after the voting is finished, issue a public notice to announce the result of the voting for recall. If the proposal of recall is adopted, the person recalled shall be removed from the position on the day when the public notice is issued.
After a proposal of recall referred to in the preceding Paragraph is adopted, if a by-election shall be held according to relevant provisions, the voting for by-election shall be completed within 3 months commencing from the day when the result of the voting for recall is announced. However, if a recall lawsuit is raised, no by-election shall be held before the judicial proceeding ends.
Where a proposal of recall is adopted, the person recalled may not be the candidate for the same kind of civil servants within 4 years commencing from the day when he / she is removed from the position; this provision shall also apply if he / she resigns during the proceeding of a proposal of recall.
If a proposal of recall is vetoed, no other proposal of recall may be raised against the identical person within the tenure of the aforesaid person.