[Korean Law Insights] Overseas Voting for South Korean National Assembly Elections
- K-Law Consulting_Administration
- Dec 20, 2023
- 3 min read
Updated: Mar 4
[Published on December 18, 2023 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]
Voter pre-registration is available online
Non-Korean Citizens are not allowed to engage in election campaigning
The schedule for South Korea’s National Assembly election, which also has a significant impact on Korean Americans, has begun. During the last presidential election, a polling station was established in Arizona for the first time, and the establishment of the Office of Overseas Koreans this year was also the result of voting outcomes that led to amendments or the creation of new laws. While the election day in Korea is set for April 10 next year, overseas voting for the election will take place from March 27 to April 1. As such, overseas elections have several differences compared to elections held in Korea.
First, unlike voting in Korea, overseas voters must submit a separate report as an overseas absentee or apply for registration on the overseas voter list (pre-registration for overseas voting) unless they are already registered. For the upcoming National Assembly election, overseas voter pre-registration must be completed by February 10 next year, and it can conveniently be done online at ova.nec.go.kr.
In Korea, polling stations are set up in numerous locations, making it relatively easy to visit one. However, in overseas elections, many Korean voters face difficulties casting their ballots due to polling stations being too far away, largely due to various restrictions. Overseas polling stations are established based on the criteria set by Korea’s Public Official Election Act, but concerns have been raised about accessibility issues affecting the actual exercise of voting rights. Fortunately, in January 2022, an amendment to the election law was passed to lower the requirements for establishing additional polling stations and to increase their number. As a result, additional polling stations were set up starting with the 20th presidential election under the revised law. Notably, the number of pre-registered overseas voters has been an important factor in determining the installation of additional polling stations.
In the National Assembly election, there are two types of voting: one for district representatives, where voters cast their ballots for candidates running in a specific region, and a proportional representation vote, where voters select a political party, and seats are allocated based on the party’s share of the vote. However, in overseas elections, individuals who are not registered as residents in Korea (overseas voters) or permanent residents who are registered as overseas Koreans can only participate in the proportional representation vote and cannot vote for district representatives.
Meanwhile, regarding overseas elections, there is one important point that Korean Americans should be particularly aware of: under the election law, non-Korean citizens (e.g., U.S. citizens) are not allowed to engage in election campaigning. It is crucial to note that both Koreans and foreigners who violate election laws may face criminal penalties as well as significant disadvantages related to passports, visas, and entry or exit from Korea.
The overseas voting system, which we have examined so far, was first introduced in Korea’s constitutional history during the 19th National Assembly election in 2012. Although its history is not long, the time and effort invested in its establishment were significant. In 1997, overseas Koreans residing in Japan and France filed a constitutional complaint with the Korean Constitutional Court, arguing that the election law at the time was unconstitutional. However, their claim was not accepted. In 2004, overseas Koreans living in the U.S. and Canada filed another constitutional complaint, and in 2007, the court finally ruled the law unconstitutional, leading to the introduction of overseas voting. Since overseas voting was hard-won through such efforts, active participation from overseas Koreans is essential in this election to ensure that more laws benefiting overseas Koreans can be enacted and amended.
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Jin Hee Lee/K-Law Consulting Korean Attorney
[Reference link in original Korean]
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