공직선거법 위반사례에 대한 헌법재판소의 태도

• 영문명: Attitude of the Constitutional Court about cases violating 'Public Officials Election Act'
• 발행기관: 한국부패학회
• 저자명: 정해영(Jung Hae Young)
• 간행물 정보: 『한국부패학회보』제15권 제3호, 183~200쪽, 전체 18쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.09.30

영문 초록

Election system is necessary in current democratic nations. In current democratic system, people’s opinions cannot but be realized by the election. People can come true their rights to vote and be voted by the election system. Our Constitution also contains several articles of the election system. And to realize those articles of Constitution, there is the ‘Public Officials Election Act’. Even though there are many devices in Constitution and the Public Officials Election Act for the fair election, there are many cases to violate those regulations. And there are several cases our Constitutional Court judged their constitutionality. Judging the constitutionality of the statute, Constitutional Court gives emphasis on the ‘fair election’ and usually holds constitutional respecting the legislative power. But there are some cases Constitutional Court expressed opinions of unconstitutionality when the articles infringed on the rights to vote or to be voted unreasonably. Legislature need to consider revising those articles which contain unconstitutional opinions to strengthen the right to vote and to be voted of people. Administration must also try its best to guarantee the right to vote or to be voted of people as well as the fair election. The justice need to judge the criminal cases violating the Public Officials Election Act considering the right to vote and to be voted as well as the fairness of election according to the attitude of Constitutional Court.

목차

Ⅰ. 머리말

Ⅱ.조문별 검토

Ⅲ.맺음말

<참고문헌>

키워드

공직선거법(Public Officials Election Act) 헌법재판소(Constitutional Court) 선거제도(Election System) 위헌법률심판청구(Request for Constitutional Review of the Statute) 헌법소원(Constitutional Complaint)