공직선거에서의 소수자 보호 -입후보와 관련한 문제를 중심으로-

The minority in the public election can be defined as minority parties(including their candidates) and independent candidates. Neither our Constitution nor Public Election Act does not provides specia protecion of the minority, but has general provisions in reference to equal protection principle. The delay of constituency demarcation place the minority into disadvantage position. It is because they cannot only determine how to let them know to the electorate but also do the election campaign. Our Public Election Actprovides that “The National Assembly shall confirm election districts for National Assembly members by one year before the election”, but this provision doesn’t have been observed by The National Assembly itself. Demanding of recommendations of independent candidates by too many Electors more than the number of the political party is also discrimination of the minority. Furthermore this recommendation is unneccessary because of the other demanding requisite, a deposit. The deposit condition does not have been empirically approved that it is effective means to the purpose of either screening bubble candidates or securing sincerity of candidates. Thus an amount of deposit more than the actual expense which is expected to disburse to electoral execution. The refunding condition of deposit is too severe, so it has been coming out to the blockade against the entry of new candidates. Public Official Election Act 150(3) that provides order on ballot papers shall be determined the number of political parties’ seats in the assembly is unconstitutional. Our Constitution does not provides privileges on the political parties. It merely provides special protection. The Minority cannot know their own ballot number until the closing of the candidate registration, they can’t also plan their election campaign nor do make their PR brochures.