선거소송에 관한 헌법적 고찰

Abstract

An election is a significant constitutional opportunity and process to constitute state institutions and confer democratic legitimacy through the intent of the people, who have sovereign power. If a problem arises in such an election process, it can pervert the intent of the people and impact the establishment of the intent of the nation; hence the need for a process to resolve this kind of situation. The evaluation of such an election has the characteristics of a constitutional trial, as it broadly affects both the political and constitutional realms, and there are many cases where, if there is a separate institution designated for constitutional trials, that institution oversees this. Nonetheless, as the formation of a specific system is a matter of policy, the way it is handled differs according to the unique situation of each country. Under the current system, election lawsuits are overseen by courts, but the adjustment plan of the institution in charge that takes into consideration the heavy workload of the Supreme Court may become an issue. Unlike local elections, presidential and legislative elections relate to the composition of constitutional institutions and the granting of legitimacy by the sovereign intent of the people. Furthermore, their significance and effect on the national level make the Supreme Court’s jurisdiction over them and the High Court’s jurisdiction over local elections reasonable. Considering the policy-forming role expected of the Supreme Court to ensure that jurisdiction is exercised consistently and that the constitutional state is specifically realized, the significance of the resolution of the Constitution to set up the National Election Commission as an independent institution, the need to resolve election-related disputes expeditiously, the maintenance of political neutrality, etc., it is judged that the basis for this is considerable.