선관위의 공정성과 독립성을 보장하기 위한 대법관이나 법관이 선거관리위원장과 위원의 겸직금지 방안에 대한 헌법적 연구

Fairness of National Election Commission is based on impartiality of National Election Commission. impartiality of National Election Commission comes from independence of National Election Commission. finally the reason National Election Commission is regarded as independent constituitional institute is that impartiality of National Election Commission are guaranteed. so national Election Commission must be guaranteed like court The doctrine checks and valances is based on natural justice, natural justice has two principles. the first principle is that the problem must be judged by impartial third party. the first principle is that chance of excuse must be given. so Board of Audit’ inspection on National Election Commission is justified. Because of is impartial third party on National Election Commission, it seems reasonable to make the Board of Audit can inspect National Election Commission as an independent institution in order to optimize the function of the Auditor’s Office as a financial information provider that performs the function of providing fair financial information to the people and the parliament by making fair financial control. However, an independent constitutional institution including the court, must have high ethical standards. so National Election Commission as independent constitutional institution, must be checked by impartial third party. Of course, National assembly can check National Election Commission as impartial third party, but considering the reality of korean National assembly, the check of National assembly is not effective because National assembly’ election is closely related to National Election Commission. eventually to make the Board of Audit and Inspection to inspect National Election Commission as an independent impartial third party is best effective way. judge’s prohibition of concurrent offices on National Election Commission be adopted in the point of the principle of the separation of the powers and duty to concentrate on their judicial duties, the principle of independence of the judiciary judge’s prohibition of concurrent offices on National Election Commission must be adopted to guarantee the fairness and independence of National Election Commission and National Election Commission because National Election Commission and court are separated independent constituitional organizations.