選擧犯罪의 實態와 對策에 관한 硏究

Abstract

In this paper, investigations of actual conditions of election crimes in nationwide elections since 2000 were conducted by reviewing various data including reports on investigation and prosecution of election crimes and status of measures taken by the election commission, status of actions taken by the prosecutor's office against election crimes, status of legal proceedings in the courts related to election offenders. Based on these fact-findings, preventive measure for election crimes and institutional improvement plan were presented. To prevent the occurrence of election crimes; First, institutional improvement must be achieved. It is necessary that those ambiguous provisions of election act shall be clarified, also that regulatory measures in relation to election campaigns shall be eased. It is required that penal regulations against violation of political neutrality of public officials shall be enacted, and also that address to and discussion with general populaces in public places shall be encouraged and activated. And, improvement should be made on such absurd penalty system that requires any one who receives money and/or entertainment from politician for paying a penalty of as much as 50 times the value of those that he or she has received, and also, it is necessary to encourage citizens so as to make them report election crimes actively having reinforced the system to protect informant who reports election crimes. It shall be necessary to reinforce the criteria for declaration to make candidate's winning the election void, and to extend persecution prescription. In addition, it is required to expand the range of crimes that are subject to motion to all election crimes; that is, an application is to be made to a high court by a litigant for decision on an issue relating to the case, but, in the mean time, the requests are regulated and filed partially. By reinforcing power of the election commission that takes charge in monitoring, regulating and prevention of election crimes, measures to prevent or protect occurrence of election crimes should be taken efficiently. In case that any individuals are punished for election crime, it is required to have them exempted from the subject to pardon so that there shall not occur any cases to make election act become invalid. And, there may occur certain cases that voters violate the provisions of election act not knowing the details of stipulations thereof due to frequent revisions, so that it shall be necessary to listen to citizens' opinion carefully and to exert intensive efforts for publicity activities holding public hearing, etc. prior to the election act revision. Second, by strengthening regulation and control of election crimes, it is necessary to have made the election commission as well as non-government organizations able to launch their activities to prevent, monitor and regulate election crimes over to whole nation. Even after candidate won an election, it is required to continue activities for monitoring, regulating election malpractices as well as for evaluation of campaign pledges during the office of the winning candidate. With affirmative investigation by the prosecutor's office and the police as well relating to election crimes together with speedy, strict and fair decision by the courts, it is necessary to strengthen general preventive measures against election crimes positively instilling a conviction in citizens that there are no exceptions for punishment of election crimes. Third, to prevent occurrence of election crimes, voters are required to raise their consciousness on election. Citizens are required to have a sense of the importance of human individuality insomuch as not to select a political party or candidate who commits election crime. Even if a political party or candidate for public office election practices illegal election campaign, if electorate does not vote for them, election crimes will surely be reduced. To win people to a right way of thinking and also to improve citizens' conception of election campaign, it is necessary to expand the program for democratic citizenship education conducted by Electoral Training Institute of National Election Commission so as to make citizens participate in the education program at any time other than publicity activities or enlightening program launched by the election commission before and after election. In consequence, to prevent occurrence of election crimes, people should shift their wrong perceptions of the election or sarcastic indifference thereof, which prevail in our society universally, along with efforts exerted by the regulatory body to rectify the situations and citizens' compliance with the regulatory objects. In short, electoral climate that harms fair election must be improved. To make electoral climate and practices better, institutional reform must be taken place. But, most important things are the strenuous efforts of political parties and candidates for public office election and voters who are the principal body of election to abide by the election act, and shift of their consciousness as well. Furthermore, strong willingness of the election commission who is the regulatory body governing election malpractices, judiciary authority and administration of justice to accomplish fair election, and their hard works, also attempts in order to put all these into practice must come along as well.