Article 108 (Prohibition of Publication of Results of Public Opinion Poll)
(1) No one shall publish or report, by quoting, the details or results of a public opinion poll (including a
straw vote or popularity vote; hereafter in this Article, the same shall apply) that makes it possible to
predict the approval rating of each political party or the successful candidate in an election, during a
period between six days before the election day and the closing time of balloting on the election day.
<Amended on Nov. 14, 1997; Aug. 4, 2005; Feb. 8, 2017; Mar. 9, 2017>
(2) No one shall conduct a public opinion poll on an election using the means based upon models similar
to the ballot paper or under the name of the candidate (including any person who intends to be a candidate;
hereafter in this Article the same shall also apply) or political party (including the preparatory committee
for formation of a political party; hereafter in this Article the same shall also apply) within 60 days prior to
the election day (when the reason for holding the election becomes definite in cases of a special election
for which the reason for holding the election has become definite after 60 days prior to the election day) to
the election day: Provided, That the same shall not apply to a public opinion poll under Article 57-2 (2).
<Amended on Nov. 14, 1997; Feb. 29, 2008; Jan. 25, 2010>
(3) If any person, other than the following persons, intends to conduct a public opinion poll relating to
election, he or she shall report to the competent deliberative committee on public opinion polls relating to
election on matters prescribed by the National Election Commission Regulations, such as the purposes of
a public opinion poll, the size of each sample, the area subject to a public opinion poll, the date, time, and
method of a public opinion poll, and questions in full detail, by not later than two days before the
commencement date of the public opinion poll: <Newly Inserted on Jan. 25, 2010; Feb. 13, 2014; Dec. 24,
2015; Feb. 8, 2017>
1. An institution or organization specializing in public opinion polls, which is requested by a third party
to conduct a public opinion poll (excluding where such an institution or organization conducts a public
opinion poll on its own, without any request from a third party);
2. A political party (including a preparatory committee for the formation of a new political party and a
policy research institute under Article 38 of the Political Parties Act);
3. A broadcasting business operator defined under Article 2 of the Broadcasting Act;
4. The business operator of a newspaper defined under Article 2 of the Act on the Promotion of
Newspapers, Etc. or the business operator of a periodical defined under Article 2 of the Act on
Promotion of Periodicals, Including Magazines, which is distributed nationwide or throughout a
City/Do;
5. The business operator of a news agency defined under Article 2 of the Act on Promotion of News
Communications;
6. An Internet press agency managed and operated by a business operator specified in any provision of
subparagraphs 3 through 5;
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