새로운 국민소통 플랫폼으로서 청와대 국민청원 - 현황과 법제도적 개선방안을 중심으로 - = Online Petition System of the Blue House as a New Communication Platform - Focusing on the status and legal institutional improvements -

다국어 초록 (Multilingual Abstract)

The Blue House of the Republic of Korea launched an online petition system in August 2017. While some criticize the system of deepening political divisions, the online petition system has served as a new communication platform. The system has led to the rejuvenation of the constitutional right to petition. The contents of the online petition system can be constructed as an exercise of the right to petition protected by the Constitution and the Petition Act. However, the Blue House has argued that the online petition system is merely a participatory mechanism that should be interpreted differently from the Constitution and the Petition Act. Consequently, related provisions of the Constitution and the Petition Act does not apply to the online petition system.
As the Blue House online petition system is being managed under no concrete legislative basis, numerous legal institutional improvements have been suggested. Specifically, many have pointed to the arbitrary operations without any legal constraints, abuse of the system to concentrate power to the Blue House, possibility of distorting public opinion by a select minority, insufficient feedback as the system's shortcomings. As improvements, there is the need to legislate clear requirements and limits of the system, fix loopholes that allow repetitive petitioning, allow debate on the issues, form a system that makes sure proper authorities provide substantial responses, and adopt a temporary real-name system during elections.
The National Assembly started its own online petition system in January 2020. The Petition Act was amended entirely for the first time in 60 years in order to fully protect the constitutional right to petition. In light of such events, there is the need to reflect the history of the Blue House online petition system and seek legal institutional improvements. Ultimately, the improved Blue House online petition system can contribute in forming a public sphere where political and social agendas can be resolved.