결선투표제의 도입의 필요성에 대한 헌법적 고찰 : 박근혜대통령은 진정으로 과반수득표 당선인인가?

Abstract

Park Geun-hye won the 18th presidential election, conducted on December 19th, 2012, by a majority of voters. This is the first time that the president-elect has won by a majority of voters at the Presidential Election since democratization of Korea in 1987.BR But we have to note that ‘a majority of voters’ doesn’t mean ‘a majority of electorate’. From this point, we need to define what ‘a majority’ really means. How to define ‘a majority’ influences directly on the final vote system, which is the main theme of this study.BR Though there is no explicit Constitutional provision about the final vote system, we can see that it has a significant importance if we consider the relation between the ballot system and the Presidential Election.BR First, this paper aims to study the real meaning of the final vote system and some countries that have adopted it.BR Secondly, this paper examines whether it is possible to adopt the final vote system in the Presidential Election in our country.BR Finally, it looks into what kind of problems will arise if the final vote system is adopted, and suggests a few solutions to deal with the problems.