Understanding the 120-Day Rule: Park Jeong-hyun's Failed Bid for the 6.3 By-Election Explained

Park Jeong-hyun, the former Buyeo County governor <photo>, was ruled ineligible to run in the June 3 National Assembly by-election.

On the 4th, the National Election Commission said its full commission decided that local executives who seek to run in a by-election for a National Assembly seat whose district coincides with or overlaps their jurisdiction must resign at least 120 days before the election.

The commission noted that the Constitutional Court upheld Article 53, Paragraph 5 of the Public Official Election Act as constitutional, and that, absent any statutory exception, the provision must be applied as written.

Accordingly, the NEC concluded that Park, who resigned as county governor on February 28, stepped down only 95 days before the election and is therefore ineligible to contest this by-election.

Earlier, the Democratic Party had asked the NEC for an interpretation of the provision in connection with a strategic nomination for the Chungnam Gongju·Buyeo·Cheongyang by-election, arguing that the vacancy’s cause was not confirmed more than 120 days before the vote and that the commission should take that into account.

Park originally resigned his county post as a Democratic Party member to run in the integrated Chungnam–Daejeon mayoral race. He later endorsed Park Soo-hyun, the Democratic candidate for Chungnam governor, and on March 10 withdrew from the mayoral contest.