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(Procedure of Vote of Dissolution and Recall)

 

Article 85.

The provisions in the Public Election Law, which relate to the elections of an ordinary local public body, shall apply mutatis mutandis to the vote of dissolution under paragraph 3 of Article 76 and the vote of removal from office under paragraph 3 of Article 80 or paragraph 2 of Article 81, except otherwise provided in cabinet order.

 

2.

Such vote may be taken at the time of an election of the ordinary local public body in accordance with cabinet order.

 

(Recall)

 

Article 86.

One-third or more of the total electorate (or of the total electors within the area of the regional police headquarters under the regional public safety commission of Do, if the demand is directed at any one of the members of such commission) may, under joint signature and through representative, present a petition, in accordance with cabinet order, to the chief executive of the ordinary local public body, demanding the removal from office of any of his/her assistants, chief accountant or treasurer, or any member of the election administration commission, any audit commissioner, or any member of the public safety commission.

 

2.

If a petition is presented under the preceding paragraph, the chief executive shall forthwith make public the purport of the petition.

 

3.

The chief executive shall forthwith refer such petition to the assembly. He/She shall convey the result thereof to the representative of petitioners, and make it public.

 

4.

The provisions of paragraphs 4 and 5 of Article 74 and Articles 74-2 to 74-4 shall apply mutatis mutandis.

 

(Forfeiture of Office)

 

Article 87.

The official sought to be removed from office shall forfeit his/her office, if his/her removal is consented to by three quarters or more of the members present in the assembly, provided that two-thirds or more of the total members shall be present therein.

 

2.

The provisions of paragraph 5 of Article 118 shall apply mutatis mutandis to such resolution of the assembly.

 

(Limitation on Recall)

 

Article 88.

No petition for removal from office may be presented against an assistant to the chief executive or a chief accountant or treasurer under paragraph 1 of Article 86 within one year after he/she accepted office or after such petition was previously referred to the assembly in accordance with paragraph 3 of the same article.

 

2.

No petition for removal from office may be presented against a member of the election administration commission, an inspection commissioner or a member of the public safety commission under paragraph 1 of Article 86 within six months after he/she accepted office or such petition was previously referred to the assembly in accordance with paragraph 3 of the same article.

 

 

 

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