The press, organizations, and politicians, and many others have expressed concern over the fairness of overseas voting since the revised Public Official Election Act (Dec. 12, 2009) granted voting rights to overseas Koreans, thereby introducing overse...
The press, organizations, and politicians, and many others have expressed concern over the fairness of overseas voting since the revised Public Official Election Act (Dec. 12, 2009) granted voting rights to overseas Koreans, thereby introducing overseas voting. The most important matter in terms of securing the fairness of overseas voting is whether there is a measure to eradicate illegal election campaign or participation of illegal dual citizenship holder, and if there is no such measure for complete eradication of those problems, whether there are ways to minimize them. These are the issues that this thesis focuses on.
The introduction of overseas voting is considered as a progress of Korea’s democracy since overseas Koreans are now allowed to exercise their voting rights in national elections in which they had not been able to participate due to their overseas resident status. However, it is the general consensus that while there are many factors that can jeopardize the fairness of overseas voting, it is difficult to provide actual measures against those factors since overseas voting takes place outside of the country.
The fairness of overseas voting can be divided into the procedural fairness and the fairness of election campaigns. The most difficult matter in securing the procedural fairness is regarding the issue of the participation in elections of dual citizenship holders, which is a commonly shared problem of all the countries that do not recognize dual citizenship. According to the laws relating to the citizenship and the Public Official Election Act, those who have acquired foreign citizenship, thereby becoming illegal dual citizenship holders, are not given voting rights. However, the problem is that there is no perfect measure to check the dual citizenship status. Researches on the procedures of citizenship acquirement in foreign countries revealed that about 94% of overseas Koreans reside in countries that require return of their passport, permanent resident card, or foreigner’s registration card.
Hence, this thesis proposes submission of original document proving the nationality of overseas Koreans when registering as overseas electors. All voters are allowed to check the voters list, and as long as the voters are identified as Korean nationals, they can vote in elections. It will be necessary for the government to provide legal and institutional measures to grant voting rights to legal and rightful voters.
The most difficult problem in securing the fairness of overseas voting is whether or not the Election Commission or investigative authorities can have strong and fair enforcement of election laws against the election crimes that occur outside of Korea. According to the recent survey conducted by the National Election Commission, anticipated election crimes outside of Korea include illegal campaign on the Internet (45%), offering gifts or food (20%), but it is nearly impossible to enforce domestic laws in foreign countries.
For fair management of election campaigns that take place outside of Korea, it will be necessary to guarantee equal opportunity for campaigns overseas, and to enhance the activities to prevent election law violations through PR and guidance, thereby creating an atmosphere for fair elections. As measures to penalize overseas violators of election laws, it can be suggested to restrict the issuing of passport, arrival or departure; to impose fines for negligence; and to award cash rewards.
Furthermore, considering the circumstances of overseas voting, an increase in illegal campaigns using the Internet is anticipated. It seems advisable to quickly block distorted election information and minimize its influence in elections.
It is hoped that more researches will be conducted by experts to provide measures against illegal activities and to secure the fairness of overseas voting, which could serve as a good opportunity to demonstrate Korea’s advanced election culture to the world.