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한국형사법무정책연구원 형사정책연구원 연구총서 연구총서 06-06
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    초록·키워드

    Free and fair election was basic concept of the election system to harmonize freedom with justice of the election as final subject of the Law of Election. To allow the people to make political decision freely at the election, therefore, the information on political party and candidates should be guaranteed enough at free situation: And, proper control should guarantee justice of the election to prevent election from being corrupted by the power of money.
    Even revision of the Law of Election of Public Office still had unreasonableness and contradiction on punishment of illegal campaigning: In particular, existing law could invalidate winning depending upon fine punishment of 1 million Won or more, so that justice of illegal campaigning paid attention not to selection of proper punishment but to effectiveness of the winning. Therefore, the paper examined problems of invalidation of the election to compare legislation case of Korea with that of foreign countries to enact irregular campaigning and to invalidate winning at judgment of guilty and to suggest limitation on candidates for better election.
    Extended statute of limitations might finally reduce values of invalidation of the winning by half of which the Law of Election of Public Office admitted, and it could make light of compulsory regulations of judgment period on illegal campaigning.

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      UCI(KEPA) : I410-ECN-0101-2012-364-003834451