재·보궐선거제도의 합리화를 위한 제언 - 비교법적 고찰을 중심으로 -

Abstract

The number of reelection and by-election(hereafter, “by-election”) is determined by the following factors: electoral system (representative principle, electoral cycle etc.); election culture; law-abiding consciousness of the candidate, elected and public officials; the level of political parties that nominate the candidates for the elections. A holistic approach is, therefore, necessary from overall points of view in order to configure and operate the re-election scheme reasonably. It is desirable to hold a by-election at a minimal cost if unavoidable. For that purpose, it is desirable to minimize the necessity of by-election and explore other ways to fill the vacancies than holding a by-election. Our electoral systems and norms taken into account, it is claimed that the limitation of the numbers of by-election is an more easier measure to try: holding a by-election once a year, in July. And other ways, though arguable in legal theories but effective for the betterment of the political reality, may be worthy of consideration as follows: limiting the candidacy for the other elections, charging those for the election cost whose crimes were the causes of by-elections, imposing some sanctions against the political parties whose members’ crimes were the causes of by-elections. These restrictions or sanctions will be substantial the checkrein to the irresponsible by-elections. As the long-term strategies can be suggested deregulation of election law, relevant complement of political funding systems, coincidence of electoral cycles, the introduction of alternative candidate system and various electoral systems.