재외국민 선거의 편의성과 공정성 확보방안에 관한 연구

Abstract

The Constitutional Court changed the decision that resident registration is precondition of the right to vote or only domestic residents can cast an absentee vote. This is unconstitutional, because it is strongly denying the right to vote of korean residents abroad, and it is against the principle of popular election, right to equality. So, the election system of korean residents abroad is imposed through revision of public offices election law in 2.12.2009. Almost korean residents abroad welcomed improvement of political status and right to ensure a chance through guarantee the franchise. But there are dissatisfaction that revision of public offices election law restrict the right to vote in local election of members for the National Assembly, and a method of voting is limited in a diplomatic offices in the foreign country. Some say korean residents abroad are difficulties into the mainstream society in the country, because of participating in domestic politics. And factional strife ideology, illegal electioneering will bring out the division of overseas korean society. This paper, first, consider the matters of convenience in the voting of korean residents abroad. Secondly, the plan of procedural fairness in the election of korean residents abroad, and the plan of regulation illegal election activities. The third time, the problem and controlling system of election illegalities. Finally, the alternative of de legal ferenda associated with investigation and trial. Next year, Korean Residents abroad can through a vote for the 19th National Assembly and the 18th President election. It shows a spring of democracy to us and means historical turning point of democracy. But it causes controversy about fairness in the Election of Korean Residents abroad, because this election is beyond our sovereignty and judicial power. For a preliminary prevention this problem, National Election Commission dispatched 55 members of the staff who have a expert knowledge and experience of election administration to major foreign official residence in January this year. 55 members of the staff dispatched will play the role of locomotive for secure a fairness in the Election of Korean Residents abroad. If the staffs dispatched are stationed at major foreign official residence, election crimes overseas which could happen are prevented from taking advantage of loop holes in the law. With reference to the election of overseas, research and education is very important for vote practician. The constitution ensure the right to vote with a human right. If infringe on the rights, it is meaningless. So education of vote practician is very important. Publicity activities are very different from every region in the election of overseas. Media is limited in terms of both quality and quantity. It is effective that KBS World, the Korean race broadcasting and civil broadcasting inform this through Arirang TV. Also the plan on the utilization of overseas Korean network is more than necessary, for example overseas Korean association, overseas Korean media and The Chamber of Commerce and Industry.