• Title/Summary/Keyword: 선거법 개정

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A Study on Web Campaign Regulations in Korea and Political Interpretations of Election Law Reform (한국의 웹 캠페인 규제와 <선거법> 개정의 정치적 해석)

  • Song, Kyong Jae
    • Informatization Policy
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    • v.22 no.3
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    • pp.47-60
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    • 2015
  • This study observes the fact that there exist restrictions due to the election-law-based regulations on web campaigns in Korea although web campaigns are widely spreading around the globe, and aims to analyze this aspect from the political context. As a result of the research, first, this study found out that Article 93, Clause 1 of the makes it possible to do permanent web campaigns on the strength of the Constitutional Court's decision of limited unconstitutionality, whereas Article 59 and 254 of the same Law(Election Campaign Offence) differ from the above Article 93, Clause 1; thus, it is necessary to revise the relevant law. Second, as for the request for taking measures for the depletion of ISP, etc., it is necessary to reform the provisions of the and together. These provisions are excessive regulations of the on ISP, also having the possibility of dual punishment. Third, there is also the need to amend Clause 6 of Article 82 (Real Name Confirmation of the Message Board, and chat room of Internet Media) of the from a long term perspective. It is because this Clause also has much room for restrictions of the freedom of expression in the long term despite the Constitutional Court's decision of its constitutionality in July, 2015. Lastly, this study is to reinterpret why it is difficult to revise the from the two sorts of political contexts and to propose the ' Reform Multiple Governance' as the revision method for web campaign revitalization.

The Strategy of Russia's Political Elites to Maintain Dominance Through the Overhaul of Electoral System (선거제도 개편을 통한 러시아 정치 엘리트의 지배력 유지 전략)

  • Siheon Kim;Seho Jang
    • Analyses & Alternatives
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    • v.7 no.1
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    • pp.7-43
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    • 2023
  • This study examines and identified a series of strategies of Russia's political elites to maintain and strengthen their dominance by reviewing the case of revisions in the election laws of Russia in 2014. At that time, a mixed-member electoral system was newly introduced, and on the surface, it seemed that the new system was a step toward meeting the demands of the people for "enhanced democracy". However, in 2016 and 2021, the ruling party of Russia won the general elections by making the most of the factors that could distort the election results inherent in the mixed-member electoral system. Therefore, this study aimed to analyze whether the revision of election laws was a mere vehicle used by the ruling party, United Russia, to maintain its political power, or whether it was a leap forward to achieve democracy. The study result indicate that the revision of election laws in 2014 was part of the policy responses to the internal conflicts in the circle of Russia's political elites, which had been rising since 2008, as well as to the public resistance. In other words, it was confirmed that the revision of election laws was one of the measures taken to "minimize competition" and "reproduce political power on a stable basis".

A Comparative Study on the Regulation System of Public Sphere in the Social Media Space During the Election Campaign (소셜 미디어 관련 온라인 선거 공론장 규제체계 비교연구)

  • Lee, Dong-Hoon;Ryu, Jung-Ho;Jung, Soo-Young
    • Korean journal of communication and information
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    • v.55
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    • pp.74-99
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    • 2011
  • This article tries to find out some regulatory facts to improve and vitalize roles of social media such as facebook, twitter, etc in the election campaign. For this goal, a theoretical approach is based on the agnostic and open aspects of the regulation system of election. Case study and in-depth interview were used as research methods in this article. The results are as follows. First, some differences are in the election regulatory system regarding the roles of social media in UK, US, Japan and Korea. The election public sphere systems of these countries categorized to the types of legal factors to control political communications in election public sphere; free-speech oriented system(UK. US), limited free-speech oriented system(Korea), normative-oriented system(Japan). Second, most respondents answered they agreed with some improvement ideas to reflect needs of netizen and academic who suggest to minimize regulatory burdens on social media in the political communication during the election campaign.

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Political Dynamics of Introducing Quasi Mixed-Member Proportional Representation Electoral System: Veto Player and Partisanship (준연동형 비례대표제 도입의 정치 동학: 거부권행사자와 당파성)

  • Ju, Jin-Sook
    • Korean Journal of Legislative Studies
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    • v.26 no.1
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    • pp.5-32
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    • 2020
  • This study analyzes the political dynamics of the election law reform in December 2019, from a perspective of the veto player theory combined with the partisan theory. Three features are revealed in the reform process of the electoral system. First, the number of cooperative veto players was higher than that of competitive veto players, that provided a favorable condition for policy changes. Second, concerning the ideological distance between veto-players (congruence) the possibility of policy change was evaluated as quite small. Especially in the fourth to fifth periods, the congruence between the cooperative veto players and competitive veto players was extremely weak. Third, the internal coherence of cooperative veto players was relatively weak, while the internal coherence of competitive veto players was relatively strong. That acted as a limiting factor in policy changes. In other words, there was a high possibility of policy changes in the number of cooperative veto players, but the possibility of policy change was relatively restricted in the congruence between veto players and the cohesion of veto players. That explains the limited nature of the election law reform.

The 21st Korean National Assembly Election and Changes in the Party System: Intended Design and Unintended Consequences (제21대 국회의원 선거와 정당체제의 변화: 의도된 설계와 의도하지 않은 결과)

  • Yoon, Jisung
    • Korean Journal of Legislative Studies
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    • v.26 no.2
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    • pp.5-33
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    • 2020
  • Ahead of the 21st Korean National Assembly Election, the congressional election law was revised, and the semi-mixed member proportional system was introduced. The purpose of the revision of the election law was to increase the proportionality and representativeness of the election system through the institutional reform in the direction of promoting a multi-party system. This study shows that the effect of the introduction of the semi-mixed proportional system was compared with the election results when the previous proportional representative system was maintained. There was no significant difference from the results. This study reveals that contrary to the intention of institutional design to revitalize the multi-party system, the two large political parties took the most seats after democratization in 1987, resulting in an unintended consequences. In addition, with regard to the recent argument for party realignment, the Busan, Ulsan, and Gyeongnam regions have been dealigned in the Yeongnam regional cleavage, and are undergoing a process of party realignment. It has not yet entered the stage of realignment, but remains in the stage of fluid dealignment.

Electoral Redistricting Problems of Non-autonomous Gu ('자치구가 아닌 구'의 선거구획정 문제)

  • Lee, Chungsup
    • Journal of the Korean Geographical Society
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    • v.49 no.3
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    • pp.371-389
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    • 2014
  • This study aims to analyze the redistricting problems in non-autonomous Gu. Although non-autonomous Gu is a just local administrative district, it has been regarded as an important and basic spatial unit in electoral redistricting. By the reform of Public Official Election Act in 2012, however, non-autonomous Gu is distinguished from local governments like Si, Gun and autonomous Gu, in boundary delimitation for the 19th National Assembly election, and some are divided into a part of another constituency. About these background, this study points out the following problems. First, in national scale, the reform of Act made the malapportionment in constituencies of non-autonomous Gus, comparing with those of local governments. Second, there was the discriminative application of Act in each non-autonomous Gu and it will make the malapportionment worse in next election, considering the reorganization of local administrative system. Finally, this study propose that it is necessary to select one from a variety of redistricting principles, especially between the prevention of gerrymandering, the representativeness of local government and the apportionment, prior to another amendment of redistricting system and the debate about political reform.

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Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.