정치관계법의 근본문제와 개정방향

Fundamental Problems of the Elections and Political Activities Laws - Suggestions for Reform

&nbsp;&nbsp;Approaching of two major political events, the presidential election in December 2007, and the National Assembly election in April 2008, it is quite natural that many sectors of Korean society, not alone legal scholars, are engaging in active debates on various laws concerning elections and political activities. In this regard, the National Election Commission made public its proposals for reforming relevant laws on elections and political campaigns in December 2006.<BR>&nbsp;&nbsp;This paper examines these laws especially in light of the principles and provisions of the Constitution. Since all these legal rules are subordinate to the Constitution, they must conform to not only the letter but also the spirit of the Constitution. The critical analysis of these laws reveals that they are very problematic with respect to the fundamental principle of people&quot;s sovereignty, the right of equality, and the right to hold public office, among others. The paper also scrutinizes the recent reform proposal of the National Election Commission, and evaluates the applicability and the constitutionality of the proposal in depth.<BR>&nbsp;&nbsp;Based on the critical assessment of the current laws and proposals, the paper suggests and proposes the followings. The relevant laws cannot justify their constitutionality because of the excessive restriction on free elections and political campaigns. The current Korean laws, which have been substantially influenced by Japanese laws, are paying too much attention to fair and clean elections without properly endorsing the system of free and democratic elections, the right to vote, and the right to hold public office. The paper also raises the problems on the financial support of political parties. The paper finally proposes to establish a non-partisan nationwide commission to study these shortcomings, and revise the unconstitutional or outdated laws to meet the changed circumstances of Korean society.