탈당방지법 도입의 배경과 효과: 인도, 남아프리카공화국, 뉴질랜드 사례를 중심으로

This study examines the introduction and effects of anti-defection laws in India, South Africa, and New Zealand-three nations with distinct political environments and electoral systems but a shared challenge: frequent defections by elected representatives destabilizing democratic governance. In response, each country implemented anti-defection laws to promote political stability and strengthen party cohesion. India’s anti-defection law, introduced in 1985, addressed widespread political instability caused by rampant party switching, which undermined governance. In South Africa, anti-defection measures were adopted in the post-apartheid era to stabilize its nascent democracy but allowed defections during designated periods between 2002 and 2008, ultimately weakening political proportionality. New Zealand’s anti-defection provisions were introduced to support its mixed-member proportional electoral system by preventing party-hopping and preserving proportional representation. Through a comparative analysis of these cases, this study explores the political contexts, legal frameworks, and impacts of anti-defection laws in each country. It identifies critical lessons applicable to South Korea, where frequent party defections and political instability persist. The findings highlight the potential of anti-defection laws to curb political opportunism, enhance party cohesion, and ensure democratic stability, offering practical insights for political reform in South Korea.