Representative democracy is defined as a political system where representatives of people are elected so that they can execute policies. So the election of such representatives carries core value in that it is a means of people exercising right of sov...
Representative democracy is defined as a political system where representatives of people are elected so that they can execute policies. So the election of such representatives carries core value in that it is a means of people exercising right of sovereignty. Given this importance of an election, an election system should be established in a way to ensure freedom and justice of election. In particular, election contest system should be able to enable the result of election to be nullified due to unfairness in the process of election and thus to realize free and fair election. However, election contest has the possibility of potentially violating sovereignty of people because people’s choice can be denied by a specific organization that control election contest. This dual nature of election contest adds to the importance of a rational foundation and operation of election contest system. In this sense, the jurisdiction issue ? which organization should administer and manage the election contest ? needs to be treated carefully in setting the foundation of election contest system. This paper looks into the basics of election contest system and the determination of jurisdiction.
First, we will define the fundamental aspect of election contest prior to discussing jurisdiction issue. The search for a proper organization that will handle election contest should be based on the complete understanding and analysis of the basic objectives of election contest. To do that, “political nature” associated with election contest needs to be identified and the type of judgment of constitutional trial should be analyzed to specify what is meant by “political nature”.
Second, to study a competent organization which will handle the political nature of election contest, we studied election contest organizations in each country by dividing them into different types -- legal court, constitutional court, parliament, independent judgment institution, and then strength and weakness of each system were derived.
Based on these reviews and consideration, the limitation of Korea’s current election contest system in terms of jurisdiction is discussed and several alternatives are sought.