공직선거법 위반사례에 대한 헌법재판소의 태도

Election system is necessary in current democratic nations. In current democratic system, people’s opinions cannot but be realized by the election. People can come true their rights to vote and be voted by the election system. Our Constitution also contains several articles of the election system. And to realize those articles of Constitution, there is the ‘Public Officials Election Act’. Even though there are many devices in Constitution and the Public Officials Election Act for the fair election, there are many cases to violate those regulations. And there are several cases our Constitutional Court judged their constitutionality. Judging the constitutionality of the statute, Constitutional Court gives emphasis on the ‘fair election’ and usually holds constitutional respecting the legislative power. But there are some cases Constitutional Court expressed opinions of unconstitutionality when the articles infringed on the rights to vote or to be voted unreasonably. Legislature need to consider revising those articles which contain unconstitutional opinions to strengthen the right to vote and to be voted of people. Administration must also try its best to guarantee the right to vote or to be voted of people as well as the fair election. The justice need to judge the criminal cases violating the Public Officials Election Act considering the right to vote and to be voted as well as the fairness of election according to the attitude of Constitutional Court.