The Court Ruled the Election Law Requiring Local Heads to Resign 80 Days Before Election Day Unconstitutional

The constitutional court unanimously ruled Thursday that the provision 3 of article 53 on the law on election unconstitutional. The provision stipulated that a head of the local government should resign from his office 180 days before the election day of local lawmakers if he is to run for the National assembly representing the region he is governing. As a result, the provision in the law on election has lost its effectiveness. Changes in elections are also expected with more heads of local governments expected to be competing with lawmakers from local constituencies in the general election next April. If this provision is not amended, heads of other local governments who are to run for next year`s general election can resign from their post 60 days before the election day according to the provision 1 of article 42 of the law on election. If the election law is amended before the next year`s general election, the period of 180 days can be lowered.

“ The provision in question violates equality rights by reducing the chances of heads of local governments to run for the National assembly. Moreover, the period of 180days triggered huge vacuum in the administration of local governments.” said the Constitutional Court in its ruling. The ruling also said that the current election law too much restricts the rights of the heads of local governments to be eligible for election and participate in the local government`s administration when they become candidates for lawmakers in the constituencies they are dealing with even though the law intends to ensure fairness of election and provide good working environments for other local government officials.

“ Even without the current provision in question, the current election law forbids any kinds of election campaign before legally-designated campaign period. The law also forbids heads of local governments to publicize their achievements during the office for their election campaign. But some are raising concerns that the Constitutional Court`s decision would rather give free rein to illegal election campaigns done before the designated period.

The head of Dalseo-gu office in Daegu, Hwang Dae-hyeon and others brought the case to the Constitutional court. They argued their equality right and the right to participate in the local government administration were violated as they were required to resign from their post 180 days before the election day of lawmakers if they are to become candidates for local lawmakers in their own constituencies. They argued, however, that when a lawmaker runs for head of local government, he is required to resign from his office just before he register as a candidate, which is not fair.

Wi-Yong Jung viyonz@donga.com