57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

Korea, Republic of

Korea, Republic of

Answer
Carry out investigation Refer for investigation Request additional information from others Request additional information from potential violator
Source

"Article 43: (1) The members and employees of an election commission at various levels (excluding an Eup/Myeon/Dong election commission; hereafter in this Article the same shall apply) may, when it is deemed necessary to confirm the revenue and expenditure of the election expenses, check ac counting books and disbursement and receipt documents and investigate candidates and preliminary candidates to run in elections for public office, persons in charge of accounting of political parties, persons who are paid expenses from election funds or are entitled to receive them and other persons concerned and also ask for the making of reports and submission of materials.

(2)    Anyone who receives the request referred to in the provisions of paragraph (1) from the election commission shall comply with such request without delay.
(3)    If the entries of false facts, illegal or excessive expenditures and other facts that violate this Act are identified after examining the objection raised under Article 42 (6), the inspection and reports referred to in paragraph (1) of this Article and submitted materials from among the contents of accounting books, disbursement and receipt documents and accounting reports, the election commission shall file a complaint with the competent investigation agency and ask it to investigate such irregularities or take necessary measures against them.


Article 52: (1) Where it is recognized that any offense violating this Act is suspected or a report on any flagrant offender is received, the members and employees of an election commission at various levels (excluding Eup/Myeon/Dong election commissions; hereafter the same in this Article shall apply) may enter the place of any political party and any supporters' association to question and investigate any National Assembly member who has a supporters' association, any candidate for an intra-party competition in a presidential election, any candidate, etc. for a party representative competition, any candidate or preliminary candidate to run in elections for public office, any person in charge of accounting, anyone who has contributed or received political funds, anyone who has been paid expenses from political funds or is entitled to expenses from political funds and other persons concerned, or request them to submit related documents and materials needed to conduct their investigation.

Article 43, Political Funds Act, 2023; Article 52, Political Funds Act, 2023"

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