[Fact Check] Is It Possible to 'Replace a Candidate' Without the Presidential Candidate's Withdrawal Intention?

Public Opinion Poll: 7 out of 10 People Power Party Supporters Favor 'Candidate Replacement'
Election Act Makes It Difficult to Remove Candidate Status Without Candidate's Resignation or Party Withdrawal

[Asia Economy Reporter Ryu Jeong-min] Is it possible to replace a party's presidential candidate without the candidate's own intention to withdraw? With less than 70 days remaining until the presidential election on March 9 next year, candidate replacement has become the focus of attention.

According to a nationwide survey of 1,000 adults aged 18 and over conducted by Hangil Research on behalf of Asia Economy from the 25th to the 27th, 70.4% of the People Power Party supporters expressed the need for candidate replacement. For detailed information, refer to the Central Election Poll Deliberation Commission website.

The survey result showing that 7 out of 10 People Power Party supporters believe the current presidential candidate Yoon Seok-yeol should be replaced is noteworthy. In intense intra-party primaries, it is common that some supporters of rival candidates do not accept the primary results.

However, it is unusual that 7 out of 10 supporters of the party express the perception that the candidate should be replaced when the presidential election is so close.

[Image source=Yonhap News]

A presidential candidate's political standing may fluctuate depending on the rise and fall of poll support. However, the issue of political standing shaking and candidate replacement are separate matters. A presidential candidate's status is legally guaranteed. Candidate replacement is not a political choice but is possible only according to legal provisions.

For the People Power Party to change its presidential candidate, Yoon Seok-yeol must lose that status.

According to Article 57-2 of the Public Official Election Act (Conduct of Intra-Party Primaries), if a party conducts an intra-party primary, a candidate who was not elected as the party's candidate cannot register as a candidate in the same electoral district for that election.

Simply put, candidates who competed against Yoon Seok-yeol, such as Hong Joon-pyo, Yoo Seung-min, and Won Hee-ryong, cannot run in this presidential election.

However, there is an exception clause stating that if the elected candidate loses eligibility due to withdrawal, death, loss of eligibility to run, or change or departure from party membership, this does not apply.

If the presidential candidate does not withdraw, there is room for candidate replacement only in cases of death, loss of eligibility to run, or change or departure from party membership.

[Image source=Yonhap News]

Loss of eligibility to run is stipulated in Article 19 of the Public Official Election Act. Loss of eligibility occurs when a court ruling strips the candidate of eligibility, or when a confirmed sentence of imprisonment or higher, or a confirmed fine of 1 million won or more related to election law violations is imposed.

The People Power Party's party constitution contains similar provisions. According to Article 71 (Candidate Qualifications) of the People Power Party Constitution, "A person eligible to be elected as a presidential candidate must have the eligibility to run for president and must hold party membership as of the candidate registration date."

If the presidential candidate does not die, leave the party, or lose eligibility to run, candidate replacement is practically difficult. Loss of eligibility under the Public Official Election Act requires a confirmed court ruling following prosecution by the prosecution.

Even if the presidential candidate is under investigation by the prosecution for specific charges, it inevitably takes considerable time from indictment to a confirmed court ruling. With less than 70 days remaining until the election, loss of eligibility due to a court ruling is realistically difficult.

Based on the Public Official Election Act and the People Power Party Constitution, it is nearly impossible to replace the candidate with a new person without the candidate's own intention (withdrawal or leaving the party).

Therefore, regarding the question "Can the candidate be replaced even if the presidential candidate does not withdraw?" the judgment is "generally not true."