정당의 공직선거후보자 추천에 관한 법정책적 고찰

Political parties function as intermediaries that mediate political decision-making between the state and the people, form political decisions of the people to make national decisions, and participate in state agencies through elections. In addition, political parties function as associations that conform to the democratic fundamental order. Article 8 (1) of the Korean Constitution stipulates that “The establishment of political parties shall be free, and the plural party system shall be guaranteed.” In principle, the people are guaranteed the fundamental rights to ‘freedom to establish a political party’ without interference from the state. At the same time, Article 8 (1) of the Korean Constitution guarantees the plural party system, which is a prerequisite for freedom of political parties. The recommendation of candidates by political parties an important part of public official election, so legal discipline is necessary. This is because the recommendation of candidates by political parties for public official election is subject to the rules of the 「Public Official Election Act」. In addition, the election principle must be applied to the recommendation of candidates by political parties under the Constitution. Article 47 (2) of the 「Public Official Election Act」 stipulates that recommendation of candidates by political parties be made in accordance with the ‘democratic process’, but does not specify which democratic procedures should be followed. Only if the democratic process is clearly defined in the 「Public Official Election Act」, the political parties will also define the democratic process in the candidate’s recommendation process. In the recommendation of candidates by political parties for public official election by major political parties in Korea, the ‘top-down nomination decision’ of the party leadership, such as the party leader, should be excluded. This is because the ‘top-down nomination decision’ of the party leaders, such as the party leader, is against democracy in party activity. Also, in the recommendation process of candidates by political parties, it is necessary to have a procedure to go through a decision at the ‘general assembly of the party’ before the political party representative or supreme committee decides to reflect the wishes of the party’s member.