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A Study of Deterrence Effect on Election Illegalities by the State with Focusing on Effectiveness of Certainty and Severity of Punishment

Kim, Hak-Ryang 1

1국민대학교

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ABSTRACT

This study is about how effective deterrence by the state on election illegalities is in Korea. Election illegalities are an obstacle against the indirect democracy. In spite of this fact, it is very difficult to find studies about deterrence effect by the state on election illegalities in other countries as well as in Korea, while many studies about deterrence effect on various criminals such as thieves and robbers have been done. Based on previous studies about deterrence effect on criminals, this study attempts to verify certainty of punishment, meaning that a violater of the election law must be indicted, and also severity of punishment, meaning that the violater must be severely sentenced. The object of this study is six elections including three general elections and three local elections during 11 years of 2000-2010. It verifies subject of research with data provided by the Election Commission. The method of analysis is analysis of frequency and ratio. The conclusion of this study is that deterrence effect by the state on election illegalities is not sufficient. Only around 11% out of total disclosure numbers of election illegalities is indicted, about 6% is subject to severe punishment such as fine of more than one million won. Considering the fact that number of detected election illegalities is very far less than that of undetected ones, deterrence effect by the state on election illegalities in Korea is certainly quite insufficient.

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