대통령 선거제도에 관한 헌법적 요청과 순위선택투표제

This study provides suggestions for improving the constitutional presidential election system. To this end, we summarize the constitution's normative requests for the formation of the presidential election system, analyze the problems of the plurality voting system as a rule for determining the winner of the presidential election under the current constitution, and examine the applicability of the ranked-choice voting system as an alternative. In this research, we first identified that the specific formation of presidential elections should aim at and comply with the maximum guarantee of electoral rights, the guarantee of democratic legitimacy and representativeness in line with the constitutional status and function of the presidency as an elected body, and the constitutionally specified requests for elections. Based on these constitutional requirements, we analyzed the current system of plurality voting, which is the core of presidential elections, and found that it suffers from a wide range of problems, including instability in securing democratic legitimacy, constraints on the exercise of the right to vote due to the burden of strategic voting and candidate unification, and concerns about undermining community cohesion due to political polarization. We examined how ranked-choice voting could be structured and applied as an alternative to these problems, whether it is consistent with constitutional demands, and why ranked-choice voting is a more appropriate solution to many of the problems of plurality voting than the run-off voting system that has been proposed as an alternative. In conclusion, ranked-choice voting is an institutional alternative that deserves to be part of the debate on improving the electoral system because it is better suited to realizing the constitutional requests for presidential elections and can mitigate community conflicts and rifts.