[Korean Law Insights] Overseas Voting for the South Korean Presidential Election

[Published on April 15, 2025 edition of the "Korean Law Insights" column in the Korea Daily’s Economic Expert Section]

• Overseas Voting to Be Held May 20–25 at Diplomatic Missions

• Must Register by the April 24th to Vote

The 20th President of South Korea, elected by the people, was immediately removed from office on the 4th following the Constitutional Court’s decision to uphold the impeachment. According to the Korean Constitution, if a president is removed by impeachment, a successor must be elected within 60 days. The Korean government, through a Cabinet meeting, has set the date for the 21st presidential election as June 3.

To help citizens living abroad exercise their constitutional right to vote, the Korean government introduced the overseas voting system starting with the 2012 National Assembly election. Overseas voting must be conducted within a six-day period between 14 and 9 days before the domestic election day. For this presidential election, overseas voting will take place globally between May 20 and 25, 2025. Specific dates for each region will be announced soon.

The most important aspect of overseas voting is that only those who register for it can vote during the overseas voting period. There are two types of overseas voting registration: Korean citizens who still have resident registration in Korea must register as absentee voters, while those without resident registration must register as overseas voters. Because absentee voters are assumed to be eligible to vote in Korea, they must register as absentee voters for each election. However, overseas voters who have already registered do not need to re-register unless there are changes in their registration information. For this presidential election, the overseas voter registration deadline is April 24th—40 days before election day.

The procedures and details of overseas voting, including registration, are defined by the Public Official Election Act and related regulations. These laws are in place to ensure that the constitutional right to vote is also protected for Korean citizens abroad. However, some have raised concerns that requiring prior registration may actually restrict this right.

In fact, during my time serving on the Overseas Election Commission for the 20th presidential election and the 22nd National Assembly election, the most common frustration I encountered regarding overseas voting was exactly this point. Given the nature of overseas elections, polling stations are often far from where people live. It was heartbreaking to see the efforts of voters who traveled long distances to vote go to waste simply because they had not registered in advance. Especially in cases like this presidential election, where the vote must be held on short notice due to impeachment, early registration may be difficult for citizens who are busy with work overseas.

That said, even constitutionally guaranteed rights can be legally restricted, provided the restrictions do not infringe on the essence of the right. Due to the unique nature of overseas voting, adequate preparation is essential, which may justify such restrictions to some extent. In this regard, promoting and providing clear guidance on overseas voter registration is critical. Since this presidential election is being held on a very tight schedule, I believe institutional improvements are necessary. Just as the law was amended in January 2022 to allow additional polling stations, I hope further amendments will be made to improve the overseas voter registration process and better safeguard the voting rights of Koreans living abroad.

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Jin Hee Lee/K-Law Consulting Korean Attorney

[Reference link in original Korean] 

https://www.koreadaily.com/article/20250415204602050