평등선거 구현을 위한 선거법 개정 방향 - 중앙선거관리위원회 제안에 대한 시뮬레이션을 바탕으로 -

The equality of voting means not only formal equality of one person one vote, but also real equaltiy of one vote one value. Constitutional Courts determine the real equality of voting by the concept of success value. The success value of a voter of a party is defined as the ratio of number of seats to number of votes of that party. The German Counstitutional Court determined the election law to be unconstitutional when the success value of one party deviated more than 10% from 1. In case of Korea, for the most of the past elections, the success values of some parties deviated more than 50% from 1. Korean election law should be unconstitutional. It especially underestimates the votes of poor people. Unlike previous studies on equal vote, this study relates equal election to proportional representation. In 2014, the Election Commission suggested a new election law which treats everyones vote equal. If we had applied the new law for the result of the 19th general election, no voter’s success value deviated more than 10% from 1. But the Election Commission’s suggestion is not enough. The number of seats is too small, and the problem of overhang seats happens too often. This paper suggets that total number of seats should be 500, the threshold should be 1%, and that the basis of allocation should be national share of votes.