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A Review of the research on the restriction of voting right for the mentally disabled people

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.619-638
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kee Hyun Suk 1

1명지대학교

Accredited

ABSTRACT

In Korea, the Public Official Election Act Article 18 section 1 provides a person who is declared incompetent as a disfranchised person. Because this provision disfranchises some disabled person, it also could be evaluated negatively when we consider the principle of universal suffrage. Of course, this provision also could contribute to the fairness of election in some way. For this reason some scholar says that “there is a trade-off between an effort to enhance enfranchisement and assuring the integrity of the electoral process”. Is there are only trade-off relations? This paper explores the 3rd way to overcome this contradictory problems. As a conclusion, this paper argues that the National Assembly should pay more attention to the ‘reasonable accommodations’ in election process for mentally disabled person. The concept of reasonable accommodations is often talked in Social Welfare Studies but it is very useful in this constitutional discussion. For a example, a ballot paper printed the faces of the candidates can help the mentally disabled persons without facing the problems of disfranchisement. The reasonable accomodations in election process for the mentally disabled people also improve the fairness of election? Considering the election malpractice related to the mentally disabled people, this concept also need more active election management by the National Election Commission in Korea.

Citation status

* References for papers published after 2022 are currently being built.