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2 Trends in the 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 m 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 in 1950, and legal amendments were made to reinforce the system in 1952, 1954, 1962, 1975, 1981, and 1994 successively.
In particular, the amendments made to the Public Offices Election Law in 1994 were intended to reinforce the regulation holding a candidate jointly responsible significantly 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 5 years."
The effects of the regulation holding a candidate jointly responsible, e.g. 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.
Since the amendment of the Public Offices Election Law in 1994, public prosecutors filed proceedings in 83 cases. More specifically, 14 cases were filed for the annulment of election results and prohibition of candidature, and 69 cases were filed only for prohibition of candidature. Of these, the plaintiff won the suit in 82 cases (including 10 cases in which actions were withdrawn by public prosecutors due to the lack of benefit of suit), and the plaintiff lost the suit in one case on the grounds that the defendant candidate had already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 (as of May 31, 2003).
Table 1-1-6-2 shows the relationship with candidates of the 125 persons who were subjected to the regulation exercised in 83 lawsuits filed by public prosecutors, by election. Among these 125 persons, 77 persons (about 60%) were organized election campaign managers, etc.
Table 1-1-6-2 State of filed cases of the regulation holding a candidate jointly responsible, by the type of election and the status of the person who violated the Public Offices Election Law (As of May 31, 2003)
Explanation of terms
Organized election campaign managers, etc.: Organized election campaign managers refer to persons who, in election campaigns implemented by an organization, take charge of preparing and coordinating campaign plans directing and supervising those who are engaged in election campaigns, and managing other matters concerning election campaigns.