"Resigning as Mayor if Presidential Election is Held"…Background Making Hong Jun-pyo, Oh Se-hoon Eligible to Run [News Explanation]

Running While in Office... How Does the Election Commission Interpret It?
Local Government Heads Stir Ahead of Possible Early Presidential Election
Hong Joonpyo and Kim Youngrok Announce Bids... Oh Sehoon and Kim Dongyeon Likely Candidates
Criticism Grows Over Administrative Gaps and By-election Costs

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As some local government heads begin warming up amid the possibility of an early presidential election, concerns are rising about administrative gaps caused by their mid-term resignations. The mid-term resignation of incumbent local government heads to run for elections is a recurring issue every election season. Both running for election while maintaining the current position and resigning before running are criticized for causing administrative gaps.

If a presidential election is held in May due to the acceptance of President Yoon Seok-yeol's impeachment trial, it would not be difficult for incumbent local government heads to run for president. In the case of a presidential election due to a vacancy, candidates can run if they resign within 30 days. The party primary period is also short, around three weeks, allowing local government heads to participate in party primaries while maintaining their current positions.

The 2012 interpretation by the Central Election Commission became the reason why local government heads could participate in party primaries while maintaining their positions. In the 18th presidential election, when Kim Moon-soo, then Governor of Gyeonggi Province, challenged the Saenuri Party presidential primary, criticism arose that it violated the Public Official Election Act. Article 57, Paragraph 6 of the Public Official Election Act states that 'persons who are not allowed to campaign' under Article 60, Paragraph 1 cannot campaign in party primaries. According to Article 60, Paragraph 1, national and local public officials are included in 'persons who are not allowed to campaign,' which includes incumbent governors.

However, the Election Commission judged that "there is no problem." At that time, the Central Election Commission explained, "Article 57 of the Public Official Election Act, which prohibits public officials from campaigning in party primaries, prohibits assisting a third party's election campaign, not the candidate's own campaign," and added, "When a head of an organization belonging to a political party directly runs in a primary, it is permissible to campaign while maintaining the position."

Currently, prominent incumbent local government heads likely to challenge the presidency include Oh Se-hoon, Mayor of Seoul; Hong Joon-pyo, Mayor of Daegu; Park Hyung-joon, Mayor of Busan; Kim Dong-yeon, Governor of Gyeonggi Province; and Kim Young-rok, Governor of Jeollanam-do. They have not disclosed whether they will maintain or resign from their mayoral or gubernatorial positions if they run, but Mayor Hong has already stated, "If a presidential election occurs, I will resign from the mayoral position."

Mayor Hong has experience running for president without stepping down. He was selected as the Liberty Korea Party candidate in the 2017 presidential election held after the impeachment of former President Park Geun-hye but was criticized for deliberately delaying his resignation from the Governor of Gyeongsangnam-do, which caused the by-election to be canceled. To hold a by-election, resignation must be reported by midnight on April 9, 2017, but he submitted his resignation letter at 11:57 a.m. on the 9th, just three minutes before the deadline. As the by-election was canceled, the Deputy Governor acted as the Governor.

The controversy over whether incumbent local government heads who want to run for election should resign continues. Those who argue for resignation before the primary emphasize that administrative gaps inevitably occur during the election process, including media interviews, debates, and meetings with voters. On the other hand, some argue that maintaining the position and managing the primary schedule through weekends and taking annual leave is fulfilling responsibility to voters.

The cost of by-elections that the state and local governments must bear to fill vacancies in local government heads is considerable. However, if an early presidential election materializes this year, by-elections are unlikely to be held. The terms of incumbent local government heads last until June 30 next year, and under current law, if the remaining period from the election date to the end of the term is less than one year, by-elections are not held.

In the 2022 presidential election, there was also controversy over the mid-term resignation of incumbent local government heads during the primary process. At that time, Won Hee-ryong, Governor of Jeju Province, said, "Running the primary while maintaining the governor's position is unacceptable in terms of public office ethics," and resigned before participating in the People Power Party presidential primary. In contrast, Lee Jae-myung, then Governor of Gyeonggi Province, stated, "As an elected official, I must fulfill my responsibility to the residents," and participated in the party primary while maintaining his position. He resigned as governor in October 2021, five months before the presidential election, after being selected as the presidential candidate.

In the 2017 presidential election, more incumbent local government heads ran. Among the 15 primary candidates from each party, six were incumbents. In the Liberty Korea Party, Governors Hong, Nam Kyung-pil of Gyeonggi Province, and Kim Kwan-yong of Gyeongsangbuk-do registered as candidates, while in the Democratic Party, Governors Ahn Hee-jung of Chungnam Province, Lee Jae-myung, Mayor of Seongnam, and Choi Sung, Mayor of Goyang, declared their candidacies. Among them, only Governor Hong passed the party primary and was selected as the Liberty Korea Party presidential candidate.