인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Our Supreme Court ruled that the proxy-voting comes under Crime of Interference with Business of the Article 314(1) of the Criminal Act, finding its reasons in that the Basic Principles of Election shall be applied to the Intra-party Competition or primary.
But KSC"s above-said finding may valid in legislative theory, but has not ground in constructionism in Korean current legal system.
(ⅰ) There are on provisions that the Basic Principles of Election shall be applied to the Intra-party Competition or primary under the Constitution or Public Official Election Act.
(ⅱ) Regarding Recommendation of Candidates by Political Parties, Public Official Election Act merely provides "When any political party intends to recommend its members as candidates pursuant to paragraph (1), it shall do so according to democratic procedures". In contrast, Political Parties Act provides that entrust the procedures to the party"s internal rules(i.e. constitution).
(ⅲ) Some parties have the internal rules that do not endow certain members with right to vote on the basis of party fee, or career as party member. This is the reasoning that the Basic Principles of Election is not applied to the Intra-party Competition in current legal system.
(ⅳ) If the Basic Principles of Election shall be applied to the Intra-party Competition, open primary results in violating the direct-voting principle. Because this principle does not permit intermediate voter.
(ⅴ) Any party shall have autonomy to choose differential voting or proxy-voting under the condition that it is democratic.
In conclusion, the Basic Principles of Election shall be applied to the Intra-party Competition our current legal system.
But KSC"s above-said finding may valid in legislative theory, but has not ground in constructionism in Korean current legal system.
(ⅰ) There are on provisions that the Basic Principles of Election shall be applied to the Intra-party Competition or primary under the Constitution or Public Official Election Act.
(ⅱ) Regarding Recommendation of Candidates by Political Parties, Public Official Election Act merely provides "When any political party intends to recommend its members as candidates pursuant to paragraph (1), it shall do so according to democratic procedures". In contrast, Political Parties Act provides that entrust the procedures to the party"s internal rules(i.e. constitution).
(ⅲ) Some parties have the internal rules that do not endow certain members with right to vote on the basis of party fee, or career as party member. This is the reasoning that the Basic Principles of Election is not applied to the Intra-party Competition in current legal system.
(ⅳ) If the Basic Principles of Election shall be applied to the Intra-party Competition, open primary results in violating the direct-voting principle. Because this principle does not permit intermediate voter.
(ⅴ) Any party shall have autonomy to choose differential voting or proxy-voting under the condition that it is democratic.
In conclusion, the Basic Principles of Election shall be applied to the Intra-party Competition our current legal system.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2015-300-002739320
