(1) Persons falling under any of the following cannot be a Commissioner:

1. Non-Korean national;
2. A person falling under any of the subparagraphs under Article 33 of the State Public Officials Act;
3. A party member set forth in Article 22 of the Political Parties Act.

(2) A Commissioner falling under any of the above subparagraphs 1 through 3 shall be automatically discharged from his or her position: Provided, That, in the case of subparagraph 2 of Article 33 of the State Public Officials Act, this only applies to a person who was declared bankrupt and did not apply for immunity within the application deadline, or received a confirmed decision of immunity disapproval or cancellation, according to the Debtor Rehabilitation and Bankruptcy Act; in the case of subparagraph 5 of Article 33 of the Same Act, this only applies to Articles 129 through 132 of the Criminal Act, Article 2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses and a person who committed a crime prescribed in Articles 355 or 356 of the Criminal Act with regard to his or her duties and received a suspended sentence of imprisonment without labor or a heavier punishment.