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The Constitutional Study on the Permission of Duplicate Candidacy in Parliamentary Elections

  • DONG-A LAW REVIEW
  • 2015, (68), pp.209-244
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

박해영 1

1요코하마국립대

Accredited

ABSTRACT

National Election Commission has recently submitted comments of Political Relations Act amendment to the National Assembly. They allow duplicate candidature in the parliamentary elections and proposed the introduction of proportional representation divided the country into several zones. Both systems have never undertaken in heavy discussions on the pros and cons. Since the electoral system is the process to elect representatives of the people who faithfully perform the important decisions for the country, all the procedures must be objective and fair and must be able to accurately reflect the will of the people, yet it is difficult to decide which system will be the most beneficial for the country and its citizens. It shall be determined by considering the factors influencing a country's laws and institutions such as political, social, culture and tradition. The discussion of whether to allow the access of redundant candidacy is also preferred. Good systems in foreign countries also do not suit our country as the end results will be negative due to incompatibility. In particular, it is necessary be cautious introducing a new system. Especially a system that is not often used in many countries. The purpose of this paper is to research a constitutional point of view represented by the opinion that it is not reasonable to allow duplicate candidature in the parliamentary elections in the Republic of Korea. The paper will review the proposals of the National Election Commission about permission of allocation duplicates and then investigated other countries' case law and doctrine by adopting the system, such as Japan and Germany and examine the specific grounds of opinions of the pros and cons of the proposal in the Republic of Korea. The conclusions were presented in a way that complements the problems of the current system rather than introducing a new system.

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