정치영역에서의 차별에 관한 헌법적 고찰 - 재외국민 선거제도와 여성대표할당제를 중심으로 -

The election rules is a means to realize national sovereignty. There are the general and special relationship between the equal rights and election rules. The universal suffrage rule and the equal suffrage rule is a special equal rule. As a election rule is superior to other equal rule and rights, it is limited by some inevitable reasons that shall be constitutional. The Constitutional Court decided that the Public Official Election Act which does not give a nation abroad voting right is unconstitutional in 2007. Due to this decision legislators revised the Public Official Election Law. However. in terms of practical national sovereignty, the nation abroad voting right would be limited by the length of overseas resident`s visit. Therefore, the current Public Official Election Act which has a too broad nation abroad voting right may be unconstitutional. Ten years have passed since the introduction of the Gender Quota System in korean politics. But the women`s political under-representation is still intact. The number of the proportional representation seats is extremely low so that 50% quotas for women in proportional representation has a few effect. For this reason there are discussions about the Gender Quota system`s expanding. But the Gender Quota System has the problem of reverse discrimination. Whereupon the Gender Quota system`s expanding would be suspected of the unconstitutionality. Accordingly its constitutional basis is necessary. Simply the general equal rights and Constitution Article34 paragraph3 would not be constitutional grounds. In conclusion the plurality of Congress configuration and national reflection could be grounds of constitutionality for the Gender Quota System.