선거의 공개성 원칙에 비추어 본 선거관리 및 사전투표제의 문제점과 개선방안

It is reasonable to introduce new systems for election management or to encourage certain election systems for the purpose of holding elections in an unprecedented situation like the Covid-19 pandemic and enhancing convenience and efficiency in voting/counting mechanisms. However, electoral integrity should not be sacrificed for the sake of a more convenient election or efficient election management. In light of the principle of the public nature of elections which is an axis of electoral fairness, this article examines what problems the early voting system and voting/counting mechanisms have. In order to ensure electoral integrity, including electoral transparency, this study puts great emphasis on the need for South Korea to promote a strict application of the principle of the public nature of elections following the German Federal Constitutional Court’s interpretation. It also suggests some solutions to the problems examined, such as replacing the early voting system with the extension of voting days and voting time, the installation of transparent ballot boxes, the unities of polling places and ballot count locations, introducing risk-limiting audits, strengthening a list of evidence for post-election audits, and replacing the Supreme Court with the Constitutional Court as a competent electoral jurisdiction in case of the presidential and the legislative elections.