현행 공직선거법상 준연동형 비례대표제와 위성정당의 위헌성

The linked proportional representation system is an electoral system that combines the advantages of proportional representation and district elections. It corrects the shortfall to proportional representation seats if the number of district seats for a political party falls short of the party vote rate. Therefore, the linked proportional representation system is evaluated as an electoral system that increases the proportionality between the party vote vote rate and the total number of seats. This is a system that ensures regional representation by giving priority to seats for candidates elected in local district elections, while ensuring proportionality in seat distribution by distributing the total seats of political parties according to their party vote rate. The significance of the linked proportional representation system becomes more active as the proportionality between the party vote rate and the number of seats is strengthened. However, the linked proportional representation system stipulated in Article 189, Paragraph 2 of the current Public Official Election Act is called a semi-linked proportional representation system because the linkage rate between the district seats and the proportional representation seats is 50%. The semi-linked proportional representation system under the current Public Official Election Act is against the principle of equal elections because it reduces the linkage rate to 1/2, and has the potential to violate the principle of direct elections because it distorts the will of the people. In addition to the unconstitutionality of Article 189, Paragraph 2 of the Public Official Election Act, which is the basis for the semi-linked proportional representation system, there are also several unconstitutionality issues that may arise when the operation of the system is abused or misused as a means of creating power for political parties. The issue of the establishment and activities of satellite political parties is one of them. The emergence of satellite parties in our legal system was done thoroughly in terms of election strategy. A party that is guaranteed to secure more seats than its share of the votes in the local elections creates a satellite party that participates only in the proportional representation elections, in order to obtain additional proportional representation seats regardless of the number of local district seats. Therefore, satellite parties in our legal system cannot fulfill the constitutional function that general political parties perform, namely, the function of ‘a means of realizing a multi-party system that seeks to achieve democratic development of society through competition among political parties.’ Satellite parties inherently have a subordinate position to the main party that put forth the satellite party, which causes unconstitutional problems such as violation of the principle of equal elections and regression of pluralistic democracy in their establishment and activities. In addition, the unconstitutionality of satellite parties is also connected to the unconstitutionality of the activities of the main party that made the satellite party's establishment possible. In this case, the activities of the main party are criticized for being against the principle of free delegation and the realization of intra-party democracy, such as in relation to the issue of expulsion of members.