[Fact Check] Must Members of Parliament Running for President Resign by December?

Lee Jae-myung, Won Hee-ryong, and Other Metropolitan Governors Must Resign by December 9 to Run in Presidential Election
Article 53 of Public Official Election Act, Exceptions for National Assembly Members... Incumbent Lawmakers Ran in Last Presidential Election

[Asia Economy Reporter Ryu Jeong-min] Must members of the National Assembly running in the 20th presidential election scheduled for March 9 next year resign by December? Article 53 of the Public Official Election Act contains regulations on the "candidacy of public officials, etc." Many professionals, including public officials, must resign from their positions by a certain date in order to run for president.

Most of the professionals subject to this rule hold positions that could influence the election or be involved in controversies over political neutrality. This means that to run for election, they must relinquish their status and authority.

According to Article 53 of the Public Official Election Act, those subject to the "candidacy of public officials, etc." regulation must resign from their positions at least 90 days before the election day. According to the National Election Commission, 90 days before the presidential election is December 9.

Representatives affected by Article 53 of the Public Official Election Act include governors of provinces and metropolitan cities nationwide. Those preparing or likely to prepare to run for president as candidates from ruling and opposition parties include Gyeonggi Province Governor Lee Jae-myung, Jeju Province Governor Won Hee-ryong, and Seoul Mayor Oh Se-hoon. If Mayor Oh also intends to run for president, he must resign from his position as Seoul mayor by December 9.

The 19th National Assembly member badge (left) and the current member badge changed to Hangul after 50 years.

Those who must resign by December 9 to run for president are not limited to metropolitan governors.

This includes national public officials as defined in Article 2 of the National Public Officials Act and local public officials as defined in Article 2 of the Local Public Officials Act. Members of the Election Commission and members of the Education Committee are also subject to Article 53 of the Public Official Election Act. Those holding public official status under other laws, as well as full-time executives of institutions with more than 50% government ownership, including the Bank of Korea, are likewise subject.

Additionally, full-time executives and central association heads of cooperatives established under the Agricultural Cooperative Act, Fisheries Cooperative Act, Forestry Cooperative Act, and Tobacco Leaf Production Cooperative Act must resign by December 9 to be eligible to run for president.

Full-time executives of local public corporations and local public enterprises as defined in Article 2 of the Local Public Enterprises Act, as well as private school teachers who cannot be members of political parties, are also included.

Journalists are also subject to election law standards equivalent to those for public officials. Publishers and managers of newspapers, internet newspapers, periodicals, and broadcasting companies under media-related laws, as well as journalists (as defined by the National Election Commission regulations), must resign by December 9 to be eligible to run for president.

Furthermore, representatives of city/provincial and district/county organizations of the Barun-salgi Movement Council, Saemaul Movement Council, and Korea Freedom Federation must also resign by December 9 to run for president.

What about members of the National Assembly, who can be considered a level above the aforementioned professions in terms of political influence? To conclude, members of the National Assembly are not subject to the resignation rule 90 days before the presidential election. This is based on the provisions of Article 53 of the Public Official Election Act.

While public officials must resign by 90 days before the presidential election (December 9), the rule does not apply when a member of the National Assembly runs for president while holding their position.

In fact, in the 19th presidential election on May 9, 2017, incumbent National Assembly members such as Yoo Seung-min, Sim Sang-jung, and Cho Won-jin ran for president while maintaining their positions. They continued to participate in legislative activities as members of the National Assembly even after the election.

Some choose to resign from their National Assembly seats to emphasize their political will when running for president. During the 2017 presidential election, National Assembly member Ahn Cheol-soo of the People's Party was such a case. While members can voluntarily resign, unlike other public officials, resignation is not mandatory.

The claim that "members of the National Assembly running for president must resign by December" is judged to be "completely untrue" because Article 53 of the Public Official Election Act contains exceptions and there have been cases in past presidential elections where members ran while retaining their seats.