디지털 게리맨더링의 편향성 유도가 기본권에 미치는 영향과 입법적 대응방안 연구

Abstract

Digital gerrymandering refers to the phenomenon of using information technology to artificially manipulate electoral district boundaries to favor a particular party or group. It involves the use of data analysis and information technology to redraw electoral boundaries in a way that results in advantageous outcomes for specific parties or groups. Through digital gerrymandering, it's possible to artificially design the distribution of voters to benefit certain parties or candidates. As a result, this undermines the fairness of elections and induces bias, allowing the votes of certain groups to have disproportionately greater influence compared to others. This process poses several critical threats to the principles and fundamental rights of democracy. First, it violates the principle that every voter's vote should be treated equally. Digital gerrymandering can artificially adjust the value of votes in certain areas, diminishing the influence of some voters while overestimating that of others. Second, it leads to the distortion of political representation. When electoral district boundaries are manipulated, the outcome can differ from the actual will of the voters, resulting in a political representation system that fails to accurately reflect the opinions of some voters. Third, it infringes upon freedom of expression and political diversity. Voters' rights to freely express their political preferences and choose from a variety of political options can be restricted. This study aims to analyze the impact of digital gerrymandering on fundamental rights, especially the right to vote and freedom of expression, and to propose legislative measures to counteract it. It examines how digital technologies can distort the electoral process and specifically how they can infringe upon voters' rights to freely express their will and vote. Additionally, the study explores necessary legislative responses to address these issues, aiming to protect the core values of democracy and ensure the fairness of elections. To achieve this, the study seeks to clarify the concept of digital gerrymandering, illustrate how it can infringe upon fundamental rights through specific examples, and identify concrete legislative measures to ensure transparency and fairness.