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Chapter 3 Election and Recall
Section 9 Recall
Paragraph 1 To Raise a Proposal of Recall
Article 75
The electors in the original electoral district may file a proposal of recall with the election commission to recall civil servants. However, no proposal of recall may be filed against a civil servant who has not been in the position for one year.
The provisions of recall shall not apply to the electees of the national integrated election and the overseas election of central civil servants.
Article 76
To raise a proposal of recall, the electors in the original electoral district of the per son recalled shall act the proposers, and one leading proposer shall prepare a proposal of recall, an original and a duplicated copy of the statement of reasons for recall, and a copy of the list of proposers, and submit them to the election commission.
The number of proposers referred to in the preceding Paragraph shall be not less than 1% of the total electors in the original electoral district, and if the calculated number has a decimal mantissa, it shall be rounded by transfer method.
The list of proposers referred to in Paragraph One shall be filled in column by column in the specified format in detail with the ID card number and address of domicile of each proposer bound into books by village (boroughs). The statement of reasons for recall shall be limited to 5,000 words.
In a same proposal of recall, there may not be two or persons to be recalled. However, if there are two or more proposals of recall, the voting may be carried out at the same time.
If the documents of a proposal of recall do not meet the provisions of the preceding Paragraph 1, 3 and 4 or the list of proposers does not meet the number of proposers referred to in the preceding Paragraph 2, the election commission shall refuse to accept it.
Central Election Commission shall set up an electronic system for the leading proposer to request for a proposal and countersign; the applicable type of recall, methods of proposal and countersign, inspection procedures, and the date of implementation shall be formulated by Central Election Commission.
For an electronic proposal and countersign, the document shall be provided via electromagnetic record.
Article 77
Any of active soldiers, active male soldiers under replacement duty or in-service civil servants may not be the proposer of recall.
Civil servants as referred to in the preceding Paragraph refer to the civil servants specified in Article 24 of the Civil Servants Services Act.
Article 78
With the consent of not less than 2/3 of the total proposers, a written application may be submitted to the election commission to relinquish a proposal of recall before the joint signatures are collected.