|Previous Next Index   Image Index Year Selection|
2. Application of the regulation holding a candidate jointly responsible
The regulation holding a candidate jointly responsible refers to the system under which candidates shall be subject to the annulment of election results or to being prohibited from standing in the next election due to election law violations committed by people associated with the candidate.The regulation was included in the Public Offices Election Law since the law entered into force in1950,and legal amendments were made to reinforce the system in1952,1954,1962,1975,1981,and1994successively.
The amendments in1994were intended to reinforce the regulation by(i)including"secretaries"and "organized election campaigns managers,etc." of candidates in the scope of persons who are subject to the regulation holding a candidate jointly responsible,in addition to general campaign managers,local campaign managers,and family members of candidates,thereby expanding the scope and relaxing the requirements for applying the regulation,and(ii)introducing a regulation to"prohibit candidates who have been found guilty under the regulation from standing in elections for next five years."
The effects of annulment of election results and prohibition of candidature are brought in administrative proceedings filed by public prosecutors against candidates,etc.as defendants,except under certain conditions.
Public prosecutors filed proceedings in a total of112cases from the amendment in1994to May31,2004.More specifically,19cases were filed for both annulment of election results and prohibition of candidature,and93cases were filed only for prohibition of candidature.Of these,as of May31,2004,the plaintiff won the suit in105cases(including14cases in which actions were withdrawn by public prosecutors due to the lack of benefit of suit),and the plaintiff lost the suit in one case on the grounds that the defendant candidate had already been judged to be subject to the regulation for a different reason(Source:Data by Criminal Affairs Bureau,Ministry of Justice).
Table 1-1-6-2 shows the relationship with candidates of the163persons(total figures in status categories)who were subjected to the regulation exercised in112lawsuits filed by public prosecutors.Among the163persons,96persons(about60%)were organized election campaign managers,etc.
Table 1-1-6-2 Filed cases of the regulation holding a candidate jointly responsible,by type of election and status of the person who violated the Public Offices Election Law(As of May31,2004)
Organized election campaign managers,etc.: Organized election campaign managers refer to persons who,in election campaigns implemented by an organization under consent of candidates for public service positions,take charge of preparing and coordinating election campaign plans,directing and supervising those who are engaged in election campaigns,and managing other matters concerning election campaigns.