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초록· 키워드
For the last 17 years since the establishment of the Korean Constitutional Court, the Court has actively engaged in adjudicating numerous cases involving crucial issues, and has been widely appraised to successfully promote fundamental human rights in South Korea. Among the various decisions rendered by the Court, this article particularly deals with those directly related to the election laws.
Since its inception, the Consitutional Court has rendered 123 rulings, as of December 2005, on election related matters. A critical analysis of those rulings clearly shows some patterns of the Court on the issues. The main focus of this article is to exhibit these patterns and to argue against the conservative position the Court has taken so far.
The principal argument in this article is premised on the assessment that the current legislation on election law contains many problems that might well clash with the letter and spirit of the Consitutional Law, which promote the principle of “free election.” The article argues that undue influence of the political parties has deformed the legislative process of elections law, thus making these laws to function as a strict restriction on the citizen's freedom to participating in free elections. Instead of fostering the environment for freer election, the current election laws unproportionately stress on clean and transparent campaign management.
The clear patterns of the Constitutional Court rulings are the polar opposites. In a leading case like the National Assembly Candidacy Deposit Case (88Hun-Ka6, Sept. 8, 1989), the Court found Article 33 and 34 of the Election of National Assembly Members Act violating the Constitution. The relevant provisions of the Act required the candidates to deposit substantial amounts of money in order to prevent too many candidates from running and ensure a clean election. The Court ruled that these provisions violate the equal protection of law(Art. 11), as well as the principle of equal election(Art. 41).
Contrary to the active position the Court has been taking to ensure the principle of equality among candidates, the Court has rendered a series of reserved or conservative decisions regarding the time, place and manner of election campaign. This article supports the dissenting opinions in these rulings, and requests the Consitutional Court to change its position for the promotion of free election campaign endorsed by the Constitutional Law.
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지Since its inception, the Consitutional Court has rendered 123 rulings, as of December 2005, on election related matters. A critical analysis of those rulings clearly shows some patterns of the Court on the issues. The main focus of this article is to exhibit these patterns and to argue against the conservative position the Court has taken so far.
The principal argument in this article is premised on the assessment that the current legislation on election law contains many problems that might well clash with the letter and spirit of the Consitutional Law, which promote the principle of “free election.” The article argues that undue influence of the political parties has deformed the legislative process of elections law, thus making these laws to function as a strict restriction on the citizen's freedom to participating in free elections. Instead of fostering the environment for freer election, the current election laws unproportionately stress on clean and transparent campaign management.
The clear patterns of the Constitutional Court rulings are the polar opposites. In a leading case like the National Assembly Candidacy Deposit Case (88Hun-Ka6, Sept. 8, 1989), the Court found Article 33 and 34 of the Election of National Assembly Members Act violating the Constitution. The relevant provisions of the Act required the candidates to deposit substantial amounts of money in order to prevent too many candidates from running and ensure a clean election. The Court ruled that these provisions violate the equal protection of law(Art. 11), as well as the principle of equal election(Art. 41).
Contrary to the active position the Court has been taking to ensure the principle of equality among candidates, the Court has rendered a series of reserved or conservative decisions regarding the time, place and manner of election campaign. This article supports the dissenting opinions in these rulings, and requests the Consitutional Court to change its position for the promotion of free election campaign endorsed by the Constitutional Law.
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목차
- Ⅰ. 머리말
- Ⅱ. 선거제도에 관한 헌법재판소 결정의 평가
- Ⅲ. 선거운동제한에 관한 판례평석
- Ⅳ. 헌재의 과잉금지원칙 적용의 문제점
- Ⅴ. 맺음말
- 〈Abstract〉
참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2009-362-016081829
