정치영역에서의 양성평등문제 : 여성후보공천할당제의 헌법적 정당성여부

Gender quota system has been widely accepted as a means to eliminate structural barriers that women has faced in the electoral process. Quota system, however, is a controversial measure. Various arguments has been set forth for and against the introduction of quota system. Those who are against quota system argue that it does not along with the principle of equal opportunity for all, since women are given preference over men. On the contrary, those who are pro quota system assert that it does not discriminate against men, but compensates for disadvantages that prevent women from their fair share in political opportunities. There are two types of quota system, namely, legal gender quota system which is mandated by the electorial law and voluntary party quota system which is decided voluntarily by political parties. Korea has adopted these systems simultaneously since 2000. Legal gender quota system, however, is suspected of unconstitutionality because it may infringe on the competitor's equal right to be elected. Therefore, it should be changed into voluntary party quota system. For the women's participation in political lives, it would be more effective to take such measures as the reformation of electorial system, women's political education, electoral training and the financing of women's electoral campaigns than insisting on gender quota system.