젊은 세대의 정치적 대표성의 관점에서 바라본 공직선거법과 정당법 개정의 한계와 개선방안

Abstract

Recently amended legislation related to political participation has a positive aspect in that it has legally and institutionally expanded the political participation of the young generation, including the youth. however, there is a limit to the fact that the political party law still stipulates the grounds for party membership and activities that can embody youth's political responsiveness. In other words, Article 22, Paragraph 1 of the Political Party Act sets an age limit of “16 years of age or older” as a condition for joining a political party. As mentioned above, this has a positive aspect in that the existing voting age was lowered to 16 through revision. however, there is a limitation in restricting party membership and activities by stipulating membership in political parties in the Political Party Act and preventing youth under the age of 16 from becoming party members. And in the case of deposits, the youth who have not achieved economic independence are actually restricted in exercising their right to hold public office, which has lowered the age of eligibility for election. Ultimately, follow-up legislative improvements are needed, such as setting the age for joining a political party by the party's voluntary choice, not a regulation in the Political Party Act, or abolishing the age for joining a party, and abolishing the deposit system that restricts the exercise of the right to hold public office by the younger generation. Therefore, from the perspective of democracy and generational equality, this paper emphasizes that improvement should be made in the direction of expanding 'representation' by analyzing not only the expansion of the electorate but also the legal and institutional factors that restrict the right to be elected. In order to achieve the purpose of the study, after analyzing the limitations of the recently revised public official election law, Article 56, Paragraph 1 of the deposit system and the political party membership age regulation of Article 22, Paragraph 1 of the Political Party Act, we propose ways to improve them.