선거관리위원회의 헌법상 지위와 역할

Abstract

Election Commissions in Korea have started to play their proper roles since the authoritarian military regime ended. There were some adequate legislations and practices for the changes of the Commissions’roles. So far, the Commissions might have performed their roles relatively efficiently. Nowadays, the focus of the roles of the Commissions is changing according to the contemporary situation and needs, which requires the reinterpretation or/and the revision of the Constitution. Its orientation will be the development of democracy in Korea. So the Commissions shall serve as de facto ""democratic development commissions”. First, the Commissions shall be responsible for the fair management in the electoral process. The Commissions shall be independent of other state institutions and of political or partisan interests in any decisions as ""independent operators of electoral democracy”. For this are of more importance independent culture, prominent leadership, and commitment of the Commissions members than a ""structural"" independence in any form. In addition, the Commissions shall maintain a high level of the reliability of electoral management through enhancing professionalism, ethics, transparency and accountability. And they should pursue the quantitative reduction and the qualitative change of regulation in order to ensure the authority when exercising the more extended powers. Second, for the development of democracy in Korea, the Commissions shall strive for support of democratization of political parties, the civic education, and rearrangement of the election management system in preparation for the unification era. Especially, as a think tank, the National Election Commission(NEC) should be able to develop a national strategy for the development of democracy in Korea. In this regard, it will be necessary to try a regular assessment of the Korean democracy and to scheme out some institutional amendments. Third, it is necessary to theorize Korea's experience in achieving the industrialization and democratization after the World War II, and to use it for the education and training of officials in the emerging democracies and the transplantation of an election management system. The Association of World Election Bodies(A-WEB) established by the initiative of the NEC shall set its position among other international organizations, pursue cooperation with them, and set the priority in the business and finances for its sustainability. First of all, it is very important for A-WEB to find out a business that can be accomplished successfully over the short term.