공직선거법 체계정비를 위한 법제 개선 검토

Abstract

Our country's election law has undergone formal changes over the course of constitutional history, and revisions to the specific content of the law have gone through a process of change that reflects the changes of the times or institutional improvements by election period. There has also been a history of intentional reorganization to conveniently strengthen the regime's governance structure or secure the legitimacy of its power base. However, it can be said that the rough history of election law revision has been focused on efforts to secure freedom and fairness in elections. However, despite this, the current Public Official Election Act is evaluated as a regulation-oriented legislation that prioritizes election fairness over election freedom, and is therefore evaluated as failing to properly reflect the changed election environment. In addition, the current Public Official Election Act shows confusion in the content of election procedural regulations and election campaign regulations. In addition, the complex structure of prohibition and penalty regulations creates a realistic problem in that it cannot function as a code of conduct for criminals. Therefore, improvement work to reorganize the system of the current Public Official Election Act is a legislative task that must be implemented.
 With this awareness in mind, this article examines ways to dualize the current single legal system. In other words, it is a plan to dualize the provisions of the current Public Official Election Act into the Election Procedure Act and the Election Campaign Act. Therefore, among the provisions of the current Public Official Election Act, I would like to classify the provisions related to election management and election procedures as the Election Procedure Act, and the provisions related to election participants under the Election Campaign Act. Next, we considered reorganizing the regulations related to political parties' activities by transferring them to the Political Parties Act and the regulations related to election expenses to the Political Funds Act. At the same time, we proposed a plan to reorganize the components of each prohibition provision to ensure predictability and legal stability by becoming a legal system that functions as a standard for election-related behavior even for the general public, not legal experts.