評介“韓國公職選舉及選舉舞弊防止法”

韓國是三權分立的國家，總統中心制政府，但憲法另設，中央選舉管理委員會以管理選舉、國民投票及政黨事務，由總統、國會、大法院長各推薦委員三名共九名組成，委員長由委員互選之，故能擺脫行政的干預，客觀、公正、獨立行使職權。在其主導下，一九九四年十二月把原總統、國會議員、地方議會議員及地方自治團體首長等四種選舉法綜合成為全文二七八條，共分十七章之「公職選舉及選舉舞弊防止法」。本法對有關選舉活動作非常詳盡的規定，對選舉費用限制嚴格，對選舉與政黨活動亦作嚴厲規範，候選人及其家族與選舉有關人員觸犯本法相關規定而被判處有期徒刑或一百萬圓以上罰金時，其當選無效。選舉之訴訟，市、道以上向最高法院，地方性者向高等法院提出，並應於一八○天內處理，是其特色。

關鍵字

無資料

並列摘要

Korea has three branches of government, with the President as head of the state. Its National Election Commission (hereinafter referred to as ECs) is an independent constitutional agency established for the purpose of managing elections and referenda, and administering political parties affairs. The ECs is composed of nine members (three members appointed by the President, three members elected by the National Assembly, and three members nominated by the Chief Justice of the Supreme Court). The ECs' chairperson is elected among these nine members to maintain its neutrality, fairness, and independence. With the Ecs' efforts, an integrated law on the election of public offices and prevention of illicit electioneering was enacted in December 1994. This law incorporates the laws regulating elections of the President, congressmen, representatives of local councils, and heads of local autonomies into 17 chapters and 278 articles. It strictly regulates electioneering, election funds, and political parties activities. The election will be nullified when anyone related to the elected candidate violates this law and is thus sentenced to imprisonment or a fine over 1 million won. According to the law, any appeal involved at city or dao level should be made to the supreme court and that at local level should be made to a high court and shall be handled within 180 days.