Global Initiative to Enfranchise People with Disabilities: Korea (South) - www.electionaccess.org
Back to Asia  
  Best Practices: IFES and other groups have implemented innovative practices around the world.
Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.     Publications  
   
   

Korea (South)

General Right to Vote
Constitution
(1947, last amended 1987)

  • Article 24 states, "All citizens have the right to vote under the conditions prescribed by law."

Exclusion Based on Intellectual Disability
Electoral Law
Public Official Election Act
(1994, last amended 2010)

  • Article 18, paragraph (1) states, “A person falling under any of the following subparagraphs, as of election day, shall be disenfranchised...1. A person who is declared incompetent.”
  • Article 19, paragraph (1) states, “A person falling under any of the following subparagraphs, as of the election day, shall be ineligible for election...1. A person who falls under Article 18 (1) 1, 3, or 4.”

Voter Assistance
Electoral Law
Public Official Election Act
(1994, last amended 2010)

  • Article 151, paragraph (7) states, “If necessary for the elector who is unable to record his vote in person due to a visual impairment, the Gu/Si/Gun election commission may make and use a special ballot paper or voting aid as prescribed by the National Election Commission Regulations.”
  • Article 157, paragraph (6) states, “...one who is unable to record his vote for himself due to a visual or physical impairment may be accompanied by his family or two persons nominated by him to assist in his voting.”

Candidate Assistance
Electoral Law
Public Official Election Act
(1994, last amended 2010)

  • Article 62, paragraph (4) states, “Any handicapped preliminary candidate or handicapped candidate determined by the National Election Commission Regulations may have an assistant (hereinafter referred to as ‘assistant’), from among persons who may conduct an election campaign to assist such candidate. In such cases, no assistant shall be included in the number of election workers under paragraphs (2) and (3).”

Off-Site Voting
Electoral Law
Public Official Election Act
(1994, last amended 2010)

  • Article 38, paragraph (3) states, “A person falling under any of the following subparagraphs shall be allowed to cast a vote at a residence...

2. A person who stays for a long time in a hospital or sanatorium and is
unable to move freely
3. A person who is unable to move freely on the ground of his serious
physical disability.”

  • Article 149, paragraph (1) states, “The heads of any hospital or sanatorium, any asylum and any prison (including any detention center) to which reported absentees belong may establish an absentee polling station in their organization or facilities during the absentee voting period with the permission of the competent Gu/Si/Gun election commission.”

 


 
  Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.
  Rights and Standards:  IFES and other groups have drafted global standards on the electoral rights of citizens with disabilities.
  Best Practices: IFES and other groups have implemented innovative practices around the world.
  Publications
  Contacts and Links