공직선거법상 기탁금 제도에 대한 헌법적 고찰

• 영문명: A Constitutional Study on the Trust Money System In View of the Public Office Election Act
• 발행기관: 유럽헌법학회
• 저자명: 이희훈(Lee Hie Houn)
• 간행물 정보: 『유럽헌법연구』제1호, 353~381쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

The trust money system in view of the Public Office Election Act, a system based on the Article 116, the Clause 2 of the Constitution, enables establishment of fairness, efficiency and reliability of election, and provides political stability by checking random candidacy. Because it preclude overheating or corruption of election, thus reducing election cost. Therefore, the purpose of legislation of trust money system in view of the Public Office Election Act is duly justifiable. And the trust money system in view of the Public Office Election Act enables contribution to secure fairness and efficiency of election and political stability, and so on. Accordingly, the means of trust money shall be deemed appropriate. Besides, there is a opinion that nomination should be done only by above certain number of voters in order to secure fairness, efficiency of election and political stability, and minimize detriments to the candidates. However, this method has the pitfall that the election can grow overheated or corrupt as there is no financial responsibility upon the candidate him/herself, and they can do election campaign beforehand. For such reason, it is necessary that to be nominated, the candidates should pay certain amount of trust money as well as receive votes by above certain number of voters, complying with the minimum infringement doctrine. In addition, it also complies with the legal interest balance doctrine, since the public interest of fairness, efficiency, and reliability of election created through the trust money system in view of the Public Office Election Act is greater than interest from election candidates` right to participate in public service. Considering the points above, the trust money system in view of the Public Office Election Act shall be deemed constitutional. And in order for the trust money in view of the Public Office Election Act to realize true fairness in granting the candidates the right to participate in public service, under no discrimination on the amount of property they own, harmonizing with free election doctrine, the amount of money the candidates pay should be only as symbolic amount as not to shrink the practice of their right to participate in public service. Also, trust money should be attributed to the national treasury under certain requirement of the Public Office Election Act so as to check random candidacy. However, the condition range of trust money refund in view of the Public Office Election

목차

Ⅰ. 서론

Ⅱ. 선거법상 기탁금규정과 그 반환규정의 연혁

Ⅲ. 선거법상 기탁금제도의 헌법적 정당성 여부

Ⅳ. 선거법상 기탁금액수의 적정성 여부

Ⅴ. 선거법상 기탁금의 국고귀속과 반환조건의 적정성 여부

Ⅵ. 결론

참고문헌

Abstract

키워드

공직선거법 기탁금 보통선거원칙 공무담임권 평등권 과잉금지의 원칙 Public Office Election Law Trust Money Popular Suffrage doctrine Right to Participate in Public Service Right to Equality Ü bermaßverbot