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Chapter 6 Election and Recall Lawsuits
Article 118
If an election commission handles the election or recall affairs illegally so that the result of election or recall will be affected, the prosecutors, candidates, the persons recalled or the proposers of the proposal of recall may, within 15 days commencing from the day when the list of electees or the result of voting for recall is publicized, file a lawsuit of invalid election or recall in the governing court against the election commission.
If an election commission handles the national integrated election and the overseas election of central civil servants illegally so that the result of election will be affected, the political party applying for registration may file a lawsuit of invalid election in accordance with the provision set forth in the preceding Paragraph.
Article 119
For the lawsuit of invalid election or recall, if the invalidation is sentenced and determined by the court with jurisdiction, the election or recall shall be invalid, and the election or recall shall be held again at a specified time. If the election or recall is held illegally in part, the part of election or recall shall be invalid, and the voting shall be held again at a specified time in respect of the invalid part.
Article 120
Under any of the following circumstances, the election commission, the prosecutors or the candidates in the same electoral district may, within 30 days commencing from the day when the list of electees is announced, file a lawsuit in the governing court against an electee, claiming the electee's being elected is invalid:
1. Where the electee's vote is false so that the result of election is likely to be affected.
2. Where the electee prevents other candidates, the persons with the right to vote or the personnel handling election affairs from campaigning, exercising the right to vote or performing duty freely by assaults, intimidation or any other illegal method.
3. Where the electee performs the actions prescribed in Article 97, Paragraph One of Article 99, Paragraph One of Article 101, Subparagraph 1 of Paragraph One of Article 102 or the actions prescribed in Paragraphs One and Two of Article 146 of the Criminal Code.
If the vote gained by the political party is false so that the result of election will be affected or an electee of the national integrated election and the overseas election of central civil servants conforms to any of the circumstances set forth in Subparagraphs 2 and 3 of the preceding Paragraph, other political parties applying for registration may file a lawsuit claiming the electee's being elected is invalid in accordance with the provision set forth in the preceding Paragraph.
If the invalidation prescribed in the two preceding Paragraphs is sentenced and determined, it will not be affected by the criminal verdict of not guilty for the same cause.
Article 121
If an electee conforms to any of the circumstances prescribed in the Subparagraphs of Paragraph One and Paragraph Two of Article 29, the election commission, the prosecutors or the candidates in the same electoral district may, before the tenure of the electee or the specified period of time expires, file a lawsuit claiming the electee to be invalid in the governing court against the electee.
If an electee of the national integrated election and the overseas election of central civil servants conforms to any of the circumstances set forth in the preceding Paragraph, other political parties applying for registration may also file a lawsuit claiming an electee to be invalid in accordance with the provision set forth in the preceding Paragraph.
Article 122
For the lawsuit claiming an electee to be invalid, if the invalidation is sentenced and determined, the original electee shall be invalid. The invalid electee who has come into office shall be removed from the position on the day when the judgement is determined.
Article 123
The judgment of a lawsuit of invalid election or claiming an electee's being elected is invalid will not affect the actions taken by the electee on duty after accession.
Article 124
For the adoption or veto of a proposal of recall, if one of the following occurs, the election commission, the prosecutors, the person recalled or the leading proposers of the proposal of recall may, within 30 days commencing from the day when the result of voting for recall is announced, file a lawsuit of invalid adoption or veto of the proposal of recall in the governing court against the leading proposers or the person recalled:
1. Where the vote is false so that the result of voting will be affected.
2. Where the persons being recalled, the leading proposers of recall or representatives and the staff from the offices of recall prevent the persons with the right to vote or the personnel handling election affairs from exercising the right to vote or performing duty freely by assaults, intimidation or any other illegal method.
3. Where the persons being recalled, the leading proposers of recall or representatives and the staff from the offices of recall perform the actions prescribed in Paragraph One of Article 99 or the actions prescribed in Paragraphs One of Article 146 of the Criminal Code.
4. Where the persons being recalled perform the actions prescribed in Subparagraph 2, Paragraph 1 of Article 102.
For the lawsuit of invalid veto of a proposal of recall, if the invalidation is sentenced and determined by court, the veto of the proposal of recall shall be invalid, and it shall be voted again at a specified time.
If the adoption of a proposal of recall is judged as invalid, the person recalled shall be resumed to the original position, except for the person whose original position cannot be resumed.
Article 125
If an elector finds any factor that will construct any circumstance such as invalid election, invalid being elected, invalid recall, or invalid adoption or veto of a proposal of recall, he / she may, within 7 days commencing from the day when the public notice of the list of electees or the result of voting for recall is issued, submit the material evidence to the prosecutor or the election commission to for prosecution.
Article 126
The governing court of an election or recall lawsuit shall be determined pursuant to the following provisions:
1. The first instance of an election or recall lawsuit shall be governed by the governing local court at the place of the action of election or recall or its branch court; if the place of action spans or is distributed in the areas under the jurisdiction of several local courts or branch courts, all the local courts or branch courts have jurisdiction over the case.
2. The election and recall lawsuits appealed against the fist-instance judgement of the local court or branch court shall be governed by the governing high court or its branches.
Article 127
An Election Courtroom shall be established to hear an election or recall lawsuit in the collegiate system, and it shall be adjudged ahead of other lawsuits. An election or recall lawsuit shall be adjudicated conclusively in the second instance, and no lawsuit of rehearing may be filed. The court hearing the case shall have it adjudicated and concluded within 6 months.
The courts shall investigate the necessary material evidence according to powers as hearing election or recall lawsuits.
Article 128
The provisions of the Civil Procedure Code shall apply to the procedure of election and recall lawsuits mutatis mutandis unless otherwise prescribed in this Act. However, this shall not apply to the provisions regarding the validity of abandonment, commitment or the fact of self confession for or no dispute for lawsuit.
Article 129
The party involved or the pertinent agent in the election lawsuit proceeding may read or copy ballots or the list of electors.