인권으로서의 선거권과 수형자에 대한 제한― 국제 동향과 유럽인권재판소 판례를 중심으로 ―

Political participation as a human right, in particular the right to vote in this article, would be one of the fundamental rights to uphold the democracy in a society. While this right may be regarded as a fundamental and crucial right, it is not an absolute right which does not allow any exceptional measures for the purpose of public goods or national security. Therefore, there may be a kind of limits to the right to vote in practice. In this context, the issue of disenfranchisement of right to vote to prisoners or convicted persons has been one of the most controversial issues not only in Korea but also in Europe since early 2000. More precisely there have been being the problem of whether limits the right to vote of convicted persons or not, if does how limits with which standard. In this context this article dealt with several international materials including landmark cases at the European Court of Human Rights, General Comments of the UN Human Rights Commission and other conventions etc. By doing that this article tried to examine whether the current cases of Korean Constitutional Court would be met with international human rights standards and furthermore tried to show a rough direction for the future amendment of Korean Public Service Election Act in 2015.