네트워크 정치와 헌법정치: SNS 선거규제 입법평가 모델의 시론적 구성

As using of SNS with purpose for election has increased recently, argument on restrictions to regulate SNS in election has become the main topic of discussion. The most trend of all on this issue tends to focus on political contention rather than concrete and definite argument. A way of reconstruction of this repeated pattern can be made through establishing Legislative Evaluation Model for electoral regulations which applies to SNS. The preliminary idea of this model will be provided in this article. The importance of SNS as communicative tool is able to be revealed by Bruce Ackermann’s theories on “constitutional politics” and “normal politics”. Constitutional politics is an exceptional circumstance in which new order is established. As in founding a country or revolution, all-round issues on governing would be under debate in constitutional politics. On the other hand, normal politics is politics based on an entrenched existing constitutional order. According to this division, During the period of constitutional politics, some values are excluded to integrate differences Therefore, the gulf between constitutional politics and normal politics should be reduced. Roberto Unger is one of scholars who insist reducing the gap. In this respect SNS can be regarded as phenomenalized technique to minimize the gap. It is said, however, that election law in Korea hinders the utility of SNS in the perspective above. Legislative Evaluation Model will investigate whether the law make the SNS shrunk in reality. Because there is no well formulated system for legislative evaluation in Korea, this paper tries to construct a legislation evaluation model for regulatory provisions related to SNS in the context of election. To heighten an awareness on limitation of Positivism should be premised in methodological aspect. Along with this, an introduction of constitutional and normative perspective will enlighten the discussion. Furthermore, features of SNS which consist of networks should be reflected in the model. In other words, the legislative evaluation model should include the regulative characteristics of network. In the latter half, a model to assess regulations related to SNS with electoral issues will be suggested. The model is composed of subject-setting for legislative evaluation, confirmation on constitutional and normal aspect, framing hypothesis, hypothesis evaluation, and suggestion for legislative argumentation. This flow of evaluation could instigate arguments on revision of the election law. Detailed example of results in accordance with legislative evaluation model in this article will be presented in other follow-up studies.