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2 Application of the joint responsibility system
Under the Public Offices Election Law,candidates shall be disqualified and prohibited from standing for a certain period due to election offense committed by a supporter.This joint responsibility system was introduced in1950when the law entered into force,and amended in1952,1954,1962,1975,1981,and1994successively in order to make it strict.
The amendments in1994expanded the scope of supporters jointly responsible by adding"secretaries"and" organized election campaigns managers,etc. "to general campaign managers,local campaign managers,and family members of candidates.It also prohibited candidates from standing in elections for the next five years."
The effects of annulment of election results and deprivation of candidature are basically brought in administrative proceedings filed by public prosecutors against candidates,etc.
From the amendment in1994to May31,2005,public prosecutors filed117cases. Table1-3-4-2 shows the breakdown.
Among the117cases,20cases were filed for both annulment of election results and prohibition of standing,and97only for prohibition of standing.In most cases,the plaintiff(public prosecutors)won(Source:The Criminal Affairs Bureau,Ministry of Justice).
Table1-3-4-2 shows the relationship with candidates who were subjected to the regulation exercised in the above-mentioned117lawsuits filed by public prosecutors.
Table1-3-4-2 Filed cases,by type of election and status of the person who committed election offense(As of May31,2005)
Organized election campaign managers,etc. :Organized election campaign managers refer to supporters who take charge of managing election campaigns,such as planning,coordinating,directing and supervising other supporters,with the consent of a candidate.