지방선거에서의 정당공천제도

Abstract

1. Local governments shall deal with administrative matters pertaining to the welfare of local residents, manage properties, and may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes. And the organization and powers of local councils, and the election of members; election procedures for heads of local governments; and other matters pertaining to the organization and operation of local governments shall be determined by Act. In this regard, Art. 47 (1) of Public Official Election Act stipulates Party Nomination System(“A political party may nominate its member as a candidate within the limits of the fixed number to be elected in each constituency in an election”). 2. The Constitutional Court did not decide that Art. 47 (1) of Public Official Election Act is unconstitutional. Although the Party Nomination System in Local Government Elections cannot be said to be unconstitutional, it is not a system conducive to the realization of constitutional values. 3. The Party Nomination System in Local Government Elections does not conform to the spirit of Local Autonomy under the Constitution, and it is also heterogeneous with the Party System under the Constitution. 4. Therefore, it is necessary to abolish the Party Nomination System in Local Government Elections. And in the area of Local Autonomy, it is necessary to activate Residents Autonomy Association that can replace the Party and introduce Residents Autonomy Association Nomination System in Local Government Elections. 5. It is not rational to introduce Local Political Party as a means to solve the problem of the Party Nomination System in a Local Government Elections. This is because a Party is an organization that participates in the formation of the national's political will, not the residents, and a Local Political Party is also a Party.