비례대표국회의원의 역할과 신분

This paper is to examine some topics on the role and status of Proportional Representative Members of the National Assembly(PRMs). First, it will review the role of PRMs. Do PRMs, as deputies of people and members of the National Assembly, play the roles given by the Constitution and accordant to the proportional representation? Unlike expectation, they have not played the role of 'proportional' representation properly because of the limitations due to undemocratic selection procedures, their little political experiences, and undemocratic structure of political parties. The second topic of this study is the legitimacy of denying seat succession in some cases. If an elected candidate dies, declines his seat or leaves the National Assembly for other reasons, the seat is filled from the list of the former member's party. The next unelected candidate on the list has a claim(the so-called 'contingent right') to the seat; nevertheless, in three cases, he can not take over the seat(Public Official Election Act §200 ②). But the constitutionality of this provision must be challenged, because it is vague and also infringe on the contingent right of the next unelected candidate. Finally, there is a question that a party has a right to make complaint against its elected candidate. Although the provisions related to this are not clarified, it is reasonable to allow a party to contest the election of its candidate. But it must be asked to make the provisions that prescribe the legal proceedings related to PRMs more precisely.