시설거주 장애인의 선거권과 선거의 원칙 = The voting right for disabled people reside at facilities and the principles of election

다국어 초록 (Multilingual Abstract)

In Korea, according to the Public Official Election Act Article 149, the head of residential facilities for disabled persons shall report the information of the persons to the competent election commission to install the balloting booth in facilities. From the point of universal suffrage, the provision of balloting booth in disabled persons facilities is designed to guarantee the universal suffrage of the disabled person, this provision which franchise some disabled person could be evaluated positively. However, this provision also cause voting irregularities in reality. The ballot at abode is frequently cause the infringe the voting right for the disabled persons who reside facilities. So from the point of free and secret ballot this system could evaluated negatively. Some scholar says that there is a trade-off between an effort to enhance enfranchisement and assuring the integrity of the electoral process. It means that there is only two solutions, abolish or maintain the ballot system at abode. This paper however, explores the 3rd way to overcome this contradictory problems. When election law can not match some constitutional principle of election, this paper argues that the National Assembly should pay attention to the ``reasonable accommodations``. subject is often talked in Social Welfare Studies. A ballot paper printed the faces of the candidates can help the mentally disabled persons solving the problems of disfranchisement. More active election management by the National Election Commission can solve the problems of voting irregularities without abolishing the balloting booth system in disabled persons facilities currently in place.