Electoral system for the president

Korean National Election Commission, 공직선거법 (Public Official Election Act) last amended 8 March 2024, accessed 1 August 2024

Chapter 12, Article 187: (1) In the case of a presidential election, the Central Election Commission shall determine the winner of the election and notify the President of the National Assembly of the same. However, if there is only one candidate, the number of votes must reach more than one-third of the eligible voters to determine the winner. (2) If there are two or more candidates with the highest number of votes, the National Assembly, upon notification of the Central Election Commission, shall determine the winner of the election at a public meeting attended by a majority of the members present. (3) When the winner is determined per the provisions of Paragraph 1, the Chairman of the Central Election Commission shall, and when the winner is determined per the provisions of Paragraph 2, the Speaker of the National Assembly shall announce the announcement and issue the certificate of election to the elected person without delay. (4) Even if the counting of votes has not been completed due to natural disasters or other unavoidable reasons, the Central Election Commission may determine the winner of the election if it is deemed that the votes cast in the area where the counting of votes has not been completed are not likely to affect the outcome of the election.

Chapter 12, Article 188: (1) In the case of an election for the National Assembly of a regional district, the Election Commission of a constituency shall determine as the winner the person who receives a majority of valid votes in the district of the National Assembly. However, if there are two or more candidates with the highest number of votes, the elder shall be determined as the winner. (2) If there is only one candidate for the National Assembly of a constituency at the time of the deadline for candidate registration, or if the candidate for the National Assembly of a constituency resigns or dies or the registration is invalidated before the start of voting on the day of the election after the deadline for candidate registration, the candidate for the National Assembly of the constituency shall not be voted for, and the candidate shall be declared the winner on the day of the election. (3) If, from the opening of voting on the election day to the close of voting, a candidate for the National Assembly of a constituency resigns or dies or his registration becomes invalid and the number of candidates for the National Assembly of a constituency becomes one, the remaining votes shall not be held and the candidate shall be declared the winner. (4) If a candidate for the National Assembly of a constituency resigns, dies, or has his or her registration invalidated after the close of voting on the election day, the person who receives a majority of valid votes as a result of counting the votes shall be determined as the winner, but if a person who resigns, dies, or whose registration is invalid obtains a majority of valid votes, the congressional district shall not have a winner. (5) In the event that no poll is held per the provisions of subsections (2) and (3), the electoral commission shall promptly announce and report it to the higher election commission, and notify the lower election commission. (6) When the winner of a National Assembly constituency is determined per the provisions of paragraphs (1) to (4), the chairman of the election commission of the relevant constituency shall announce the same, issue the certificate of election to the elected person without delay, and report to the higher election commission. (7) The provisions of paragraph 4 of Article 187 (Decisions, Announcements, and Notifications of the President-elect) shall apply to the decisions of the President-elect of the National Assembly.

Chapter 12, Article 189: (1) The Central Election Commission shall allocate seats in the National Assembly of Proportional Representation to any of the following political parties (hereinafter referred to as the "parties allocating seats" in this Article):  1. A political party that receives at least three-hundredths of the total number of valid votes cast nationwide in the proportional representation National Assembly elections following the expiration of the term of office. 2. A political party that won 5 or more seats in the election of the National Assembly of the constituency following the expiration of the term of office. (2) Proportional representation National Assembly seats shall be allocated to each party allocating seats per the following: 1. The number of seats to be allocated to each seat allocation party (hereinafter referred to as the "number of seats in this Article") shall be calculated by rounding the value according to the following calculation formula to the first decimal place. In this case, if the number of seats in the linkage distribution is less than 1, the number of seats in the linkage allocation shall be 0. (2) If the sum of the number of seats allocated to each party per paragraph 1 falls short of the number of seats in the National Assembly of Proportional Representation, the remaining number of seats to be allocated to each party allocated seats (hereinafter referred to as the "number of seats distributed in this Article") shall be calculated according to the following calculation formula: In this case, the whole number of seats shall be allocated first, and the remaining seats shall be allocated one seat to each party in the order of the largest decimal point, but if the number is the same, it shall be by lottery between the parties. 3. If the sum of the number of seats for each party per paragraph 1 exceeds the number of seats for the proportional representation National Assembly, notwithstanding paragraphs 1 and 2, the number calculated according to the following calculation formula (hereinafter referred to as the "number of seats in this Article") shall be counted as the seats of each party allocated to the linked allotment. In this case, the second paragraph shall be applied concerning the calculation method. (3) The proportion of votes in the proportional representation National Assembly election in paragraph 2 shall be calculated by dividing the number of votes of each seat-allocated party by the sum of the votes of all seat-allocating parties. (4) The Central Election Commission shall determine the winners of the proportional representation National Assembly allocated to political parties per the order of the winners in the list of candidates for the proportional representation National Assembly by political party submitted. (5) If the number of seats allocated to a political party exceeds the number of candidates for the proportional representation National Assembly nominated by that political party, the number of seats above that number shall be vacant. (6) In the case of a reason for re-voting per the provisions of Article 198 (Re-voting due to natural disasters, etc.) in the election of the National Assembly of Proportional Representation, the Central Election Commission shall subtract the number of electors from the number of electors in the voting district divided by the number of electors nationwide by the number of seats of the Proportional Representation National Assembly (the number of seats in the Proportional Representation National Assembly shall be deemed to be 1) from the number of seats in the Proportional Representation National Assembly, and then allocate the seats in the Proportional Representation National Assembly and determine the winner per the provisions of Paragraphs 1 to 4. However, if it is expected that a party will be added based on the results of the re-vote, each party that is expected to be added must separately subtract a whole number of seats equal to three-hundredths of the total number of seats in the proportional representation National Assembly (the number of seats less than 1 is considered to be 1).  (7) When the winners of the proportional representation National Assembly members are determined, the chairman of the Central Election Commission shall announce the list and notify each political party without delay, and issue a certificate of election to the elected members. (8) The provisions of paragraph 4 of Article 187 (Decisions, Announcements, and Notifications of the President-elect) shall apply to the decisions of the President-elect of the National Assembly of Proportional Representation.