헌법상 선거관리위원회에 관한 연구 - 중립성 유지, 개선방안을 중심으로 -

Abstract

· Research topics: A Legal Improvement of Law for Strengthening the Neutrality of the National Election Commission · Research background: An acquisition of justifiable state power under the modern representative system state has to come from an electoral system that assures fair competition. In order to secure the fairness in election, the operation of reasonable election system and election management institution has to be fair and transparent. Therefore, this article is to articulate and propose the improvement plan to strengthen the neutrality through establishing the fairness and objectiveness in work affairs of the National Election Commission. · Differences from prior research: This article has presented the improvement plan on the controversy involving fairness based on the separation of power principle, rather than a regulation-oriented plan to strengthen the neutrality of the National Election Commission. · Research method: This article has focused on the theory of the Constitution with the method of bibliographic survey to review and analyze the bibliographies and data regarding the National Election Commission. · Research results: For realizing the fairness in the election system, the election management through fairness and neutrality of the election management organization is prerequisite for the representative system controlling organization as well as the factor to determine success and failure of the representative system. Therefore, the free and genuine intent without any other considerations as the flawless election management has to be reflected in the organization of such a representative body. · Contribution points and expected effects: The National Election Commission is separately regulated under the Constitution to take on the election affairs that the institution has to be realized as an institution with material constitutional implication based on the separation of power principle that the consensus should be made to the necessity for system improvement to realize the obligations innate to the neutrality and fairness of election management.