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@article{ART002198219},
author={Moon-Hyun Koh},
title={Status and Issues in the Election Lawsuit},
journal={Public Land Law Review},
issn={1226-251X},
year={2017},
volume={77},
pages={419-435}

TY - JOUR
AU - Moon-Hyun Koh
TI - Status and Issues in the Election Lawsuit
JO - Public Land Law Review
PY - 2017
VL - 77
IS - null
PB - Korean Public Land Law Association
SP - 419
EP - 435
SN - 1226-251X
AB - As P. Badura emphasized importance of election that ‘democracy lives on election’, representatives shall be elected by citizens under the principle of modern representative democracy. Election is sacred gesture of a sovereign citizens. In this essay, the writer covered articles related to election lawsuit and its current situation, and finally came to conclusion. The election lawsuit has the character of a constitutional trial because it affects the composition of the National Assembly and the jurisdiction of election lawsuit is a key constituent of constitutional adjudication of independent Constitutional Court. Therefore, it is desirable that the election lawsuit be handled by the Constitutional Court rather than by the ordinary court. The Constitution does not provide election lawsuits under the jurisdiction of the Constitutional Court, but election lawsuits shall be provided under the jurisdiction of the Constitutional Court by the revision of the Constitution. Legislators may grant the Constitutional Court the right to file an election suit by law. The requirement for nullity of election specified in the Supreme Court precedent shall be prescribed by law. It is very important to establish fair criteria for judgment by preparing for realistic and rational criteria such as sentencing guideline in election lawsuit. It is also very important to for judges to proceed election lawsuit as fast as possible.
KW - Election;Election lawsuit;Constitutional adjudication;Constitutional Court;Jurisdiction over election cases;Jurisdiction of constitutional adjudication;Sentencing guideline
DO -
UR -
ER -

Moon-Hyun Koh. (2017). Status and Issues in the Election Lawsuit. Public Land Law Review, 77, 419-435.

Moon-Hyun Koh. 2017, "Status and Issues in the Election Lawsuit", Public Land Law Review, vol.77, pp.419-435.

Moon-Hyun Koh "Status and Issues in the Election Lawsuit" Public Land Law Review 77 pp.419-435 (2017) : 419.

Moon-Hyun Koh. Status and Issues in the Election Lawsuit. 2017; 77 419-435.

Moon-Hyun Koh. "Status and Issues in the Election Lawsuit" Public Land Law Review 77(2017) : 419-435.

Moon-Hyun Koh. Status and Issues in the Election Lawsuit. Public Land Law Review, 77, 419-435.

Moon-Hyun Koh. Status and Issues in the Election Lawsuit. Public Land Law Review. 2017; 77 419-435.

Moon-Hyun Koh. Status and Issues in the Election Lawsuit. 2017; 77 419-435.

Moon-Hyun Koh. "Status and Issues in the Election Lawsuit" Public Land Law Review 77(2017) : 419-435.