• Title/Summary/Keyword: Election Law

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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.

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.

Theoretical Foundations Of Election Campaign Research: Problems, Approaches And Methods

  • Dreshpak, Valerii;Pavlenko, Evgen;Babachenko, Nataliia;Prokopenko, liudmyla;Senkevych, Hennadii;Marchuk, Mykola
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.113-117
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    • 2021
  • The article defines the basic concepts: "election campaign", "social capital", "conversion of social capital"; the principles and methods of research of social capital conversion in election campaigns are studied; the process of using social capital in politics is defined; ways of converting social capital into politics are considered; the possibilities of converting social capital in election campaigns are described. Election campaigns have been found to be a successful form of social capital conversion. The ability to use social capital in the election campaign speaks of its high potential. Election campaigns are not an effective use of social capital.

A Study on the Possibility of Introducing Electoral Eligibility for Permanent Alien Residents (정주외국인의 피선거권 도입 가능성에 관한 연구)

  • Lee, Youn-Hwan
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.13-22
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    • 2013
  • With increase of Korean economy scale and globalization, permanent alien residents in Korea are increasing day by day. Living in Korea, they maintain their original nationalities, but their life in Korea is greatly affected by political decision made by Korea. It has been taken for granted that foreigners's suffrage were not recognized due to national sovereignty. The claim that foreigners should not be allowed to participate in government has constantly been met with counterargument on the basis of instability of sovereignty principle, trends of advanced countries, intrinsic differences between federal and regional governments, or actual state of foreigners. It is unreasonable to deal with foreigners' suffrage and eligibility for election differently in that the current public offices election law does not allow foreigners to be eligible for election without any special reason while allowing foreigners to vote in the local election. It is discrimination against foreigners not to allow foreigners to be eligible for election when there is no rationale to differently deal with foreigners' suffrage and eligibility for election. This paper deals with constitutional argument regarding foreigners' electoral eligibility, takes a look at legislative cases of Japanese and European countries, and examines possibilities of including foreigners' eligibility for election in our public offices election law.

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.

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".

The Proposal of Problems in Private Security Law (경비업법령의 문제와 개정방향)

  • Ahn, Hwang Kwon;Choi, Kyung Chul
    • Convergence Security Journal
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    • v.16 no.1
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    • pp.39-48
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    • 2016
  • In 1976, privative security law in Korea was enacted. Through the law has been revised 23 times, and it reflected changing security environment. Since the private security is now in charge of the daily safety as well as the police, private security law should be revised in overall dimension. First, the name of private security service and terms should be reorganized with applying the current environment of security. For instance, there should be an appropriate range of security service which could contain security consulting, planner, private investigator, and convergence security. Second, the errors of private security law should be corrected and applied to the revised law. Third, some inappropriate contents in the private security law should be revised. Forth, revising the private security law should consider to solve problems in selection, education, and election of security instructor.

A Problem on the Election of Remedies for the Aggrieved Party under the CISG (CISG에서의 피해당사자(被害當事者)의 구제방안(救濟方案) 선택문제(選擇問題) - 대금감액(代金減額)과 손해배상제도(損害賠償制度)를 중심(中心)으로 -)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.201-225
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    • 1999
  • This article is focused on the review of price reduction and measuring damages under the CISG together with the law relating to sale of goods in main countries when the goods delivered did not conform with the contract. And also reviewed on the election of remedies for the aggrieved party, that is, which one between the two remedies would provide more compensation for the non-conformity. This article can be summarized as below. 1. Price reduction has its principal significance when the buyer accepts non-conforming goods and plays important role only when the seller is not liable for the non-conformity because the same price reduction formula applies for all circumstances. Of course, the buyer must bear any further damages, such as shutdown expenses and other consequential damages. 2. If the seller is liable for the damages and the price level rises, the buyer normally will claim damages since this approach is much more favorable result than price reduction. 3. In case the seller is liable for the damages and the buyer suffers no consequential damages, if the price level falls, price reduction would provide more compensation for the non-conformity than would damages and if there is no change in the market level, the allowance for defects in the goods will be normally the same under the price reduction and damages. By the way, In case the seller is liable for the damages and the buyer suffers consequential damages, it is desired that the buyer firstly elect the price reduction and later seeks to claim for consequential losses when the price level falls and unchanged.

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A Study on the Improvement of Local Education Autonomy System

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.2
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    • pp.141-150
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    • 2021
  • Article 117, Paragraph 1 of the 「Constitution」 states that "Local governments may enact provisions relating to local autonomy, within the limit of Acts and subordinate statutes". It restricts the enactment of effective self-government laws. The fundamental problem-solving is securing the right to self-governing legislation through constitutional amendment. Therefore, it must be revised to "Local governments can make regulations on self-government to the extent that they handle resident welfare affairs in accordance with the subsidiarity and do not violate the law." In the long-term perspective, the current education council problem, which is contrary to the constitution, has to be revived as a constitutional independent education committee system, and the voting agency and the executive agency must go together and education councilors must have about 10 years of experience in education and education administration. The current superintendent's election system is of great significance in establishing democratic legitimacy by ensuring residents' right to vote and securing a superintendent's representation of residents. It hasn't been long since the system was implemented, but there are some side effects and it is argued that the election system should be replaced by the appointment by the head of the local government, the running mate system or the joint registration system. However it is thought that it is necessary to minimize and supplement the side effects rather than fixing the system as it violates the Constitution of the local education autonomy system.

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.