The modern Korean electoral system began with the implementation of universal suffrage on May 10, 1948. So far, *** has experienced 16 parliamentary elections. Before 1994, South Korea’s electoral law system mainly included the Presidential Election Law, the National Assembly Member Election Law, the Local Assembly Member Election Law, and the Local Self-Government Heads Election Law. In order to ensure the fairness of elections and the free will of voters, eliminate electoral injustice and various corruption phenomena in the electoral process, and at the same time create a healthy, democratic and harmonious electoral culture, the 14th Congress in March 1994 On September 16, the unified "Public Office Elections and the Prevention of Improper Elections Law" (referred to as the Election Law) was formulated and promulgated. The current election system was established in accordance with this law.
1. Election method and number of members
The constituency system currently adopted in South Korea is a system that uses both the small constituency system and the proportional representation system. The small constituency system is the main one, and the proportional representation system is auxiliary. The proportional representation system is used in the election of district members of Congress across the country, that is, political parties submit candidate lists to the Central Election Management Committee, and the number of members is allocated according to the proportion of votes received by the political parties. Political parties that meet one of the following three conditions can obtain national district Congressional seats: (1) Obtain more than 5 seats in the regional Congressional election; (2) Obtain more than 5% of the valid votes; (3) Obtain 0. A seat is allocated when 3%-5% of the votes are received. Taking the current (16th) National Assembly election held on April 13, 2000 as an example, the Grand National Party *** received 38.96% of the valid votes, thus accounting for 133 of the 273 seats in the National Assembly; President Kim Dae-jung The New Millennium Democratic Party received 35.86% of the valid votes and held 115 seats in Congress; the Liberal Democratic Alliance received 9.8% of the votes and held 17 seats in Congress. Among the total 273 members of the National Assembly, 227 are regional members of Congress elected based on the small constituency system, and 46 are elected nationally based on the proportional representation system. The small constituency system is used to elect members of Congress in geographical constituencies. The election of members of the Seoul Special City, the six metropolitan cities and the provincial level is the same as the election of members of the National Assembly, which also uses a combination of the small constituency system and the proportional representation system. All members of the parliament below the province are elected by small constituencies.
The regulations on the number of city and provincial assembly members are that the base number of congressional members for geographical constituencies or autonomous regions, cities, and counties is three, and for areas with a population of more than 300,000, one additional member will be added for every 200,000. At the time of the 1991 election, the total number of city and provincial assembly members was 866. The number of autonomous region, city, and county assembly members was one for each eup, myeon, and dong. For eup, myeon, and dong with a population of more than 20,000, For every number exceeding 20,000, one additional person will be added.
2. Basic procedures for elections
(1) Voter registration
The election law stipulates that all citizens over the age of 20 have the right to elect the president and members of Congress. suffrage. Those who enjoy the right to vote and to be elected must participate in voter registration in accordance with the relevant provisions of the election law to obtain voter qualifications. The voter list is a legally binding document. If a citizen in the constituency is included in the voter list, it means that he enjoys the right to vote conferred by the law; if he is not included in the list, it means that he does not enjoy or cannot exercise the right to vote. The specific time for preparing the voter list varies from election to election, but is generally within one month before election day.
(2) Division of constituencies
In local (autonomous region, city, county) council elections, there is no uniform regulation on the number of members selected in a constituency, which is determined by local self-government groups according to regulations . Generally speaking, 80% of places adopt the small-district electoral system in which one person is elected from one district. The specific regulations on the division of constituencies are: the president and national constituency members of Congress are based on the whole country; the geographical constituency members of Congress and local assembly members are based on the constituency where the member is located; the election of the head of a local self-government group is based on the jurisdiction of the local self-government area as unit. Each constituency must have a population of more than 5,000 people.
Take Jeju City in Jeju Province as an example: There are 19 holes in the city, two of which have a population of less than 5,000 people and can only be combined with other holes to form a constituency. Therefore, the city has 17 constituencies, and each constituency produces a constituency. 17 members of parliament.
(3) Candidate System
For a long time, in the development of South Korea’s electoral system, the issue of democratization of the candidate system has not been well solved. Some specific political parties and politicians Manipulate the nomination and recommendation of candidates, making the candidate nomination system a tool that only serves specific political interests. In recent years, during the reform of the political system, the ruling party and the opposition party have paid certain attention to the democratization of the candidate system. In particular, many provisions were added to the 1995 revision of the electoral law to further improve the candidate system. .
According to the provisions of the electoral law, candidates must be recommended by political parties or voters. Among them, there is only one form of voter recommendation in local elections below the city level, while there are two forms of political party and voter recommendation in the above-level elections. Generally speaking, candidates can only run in their own constituency. However, if more than 200 voters from other constituencies jointly recommend, you can also run in that constituency.
In South Korea, which implements a multi-party system, political parties play a very important role in the selection process of congressional candidates. Judging from the political reality in South Korea, the decision-making power to recommend members of Congress is mainly controlled by the central party cadre meeting and the regional party conference. In the past few years, the Democratic Party, the largest opposition party in South Korea, has experienced internal divisions. The main reason is that sharp conflicts have occurred between different factions within the party on the issue of candidate recommendation, which ultimately led to splits within the party.
Candidates should pay a deposit to the electoral management committee of the jurisdiction in accordance with the rules of the Central Election Management Committee. The purpose is to prevent random nomination of candidates and ensure the honesty of candidates. The specific regulations for deposit payment are: 300 million yuan for the presidential election; 10 million yuan for the election of members of Congress and the election of autonomous region, city, and county governors; 4 million yuan for the election of municipal and provincial council members; 50 million yuan for the election of municipal and provincial governors; 2 million yuan for the election of members of autonomous region, city and county councils. The deposit can be refunded in the following situations: in the presidential and local self-governing group head elections, when the number of votes cast by a candidate is more than one-tenth of the total number of valid votes cast; in the regional parliamentary election and local assembly election for each constituency When the average number of votes received by the candidates exceeds 50%; when a candidate on the candidate list is elected in the national district congressional election; when the candidate dies. If the return conditions are met, the return procedures can be completed within 30 days after the election, but the necessary expenses incurred during the election should be deducted. If the conditions for return are not met, the deposit will be used by the state or local government.
(4) Election Activities
In the history of the development of South Korea’s electoral system, the restriction and protection of freedom of election activities has always been one of the core issues affecting the overall political life of the country.
Article 116 of the Constitution stipulates two basic principles for electoral activities, namely equal opportunity and public ownership of elections. The election law further concretizes the constitutional principles and stipulates the principles of freedom of campaigning, the principle of unpaid campaigning and the principle of free campaigning methods.
In the past, the election law stipulated that only campaigners recognized by the Electoral Management Committee could conduct election activities. However, the current election law has removed overly strict restrictions on the qualifications of campaigners, so that party members and voters can May participate in campaign activities as required by law. However, the current election law reduces the number of campaigners that a candidate can mobilize and stipulates that campaigners cannot accept remuneration, making campaigning a voluntary service activity. Compared with the previous election law, the current election law also expands the opportunities and forms for candidates to meet voters, stipulating that candidates can give personal speeches and seminars. This provides the majority of voters with the opportunity to fully understand the candidates and expands the democratic basis for elections.
The campaign runs from the day the candidate ends logging in to the day before the election day. The law prohibits prior campaigning.
The election law also has very detailed provisions on the different campaign methods used in election campaigns, which mainly include: posters, election bulletins, small prints and other promotional materials; the use of news advertisements to promote the political platform and policies of the candidate's party and candidates’ political opinions; use rallies such as political party speeches, speeches in public places, and discussions to conduct campaign activities.
The main restrictions on the subjects of election campaigns are: unaffiliated candidates are not allowed to receive support or recommendations from specific political parties; civil servants are not allowed to use their status to conduct campaign activities; civil servants are not allowed to influence elections; associations, consortiums, etc. Groups may not express support or opposition to a specific political party or candidate in the name of the group or group representative during election campaigns. Except for election offices and election liaison offices stipulated by law, election promotion committees, support clubs and other institutions and facilities that support specific political parties and specific candidates are not allowed to be established. During the campaign period, no one is allowed to write books, screen movies, perform, etc. for the campaign. Except as stipulated in the election law, advertising on radio, news, communications, magazines and other publications is not allowed, otherwise you will bear legal liability. In addition, the election law strictly prohibits door-to-door visits, signature campaigns, provision of food and drink, and defamation of others.
The electoral law also imposes some restrictions on political parties’ participation in electioneering activities. Activities such as political platform and policy propaganda carried out by political parties through regular periodicals within the party, as well as the gathering of party members and candidate volunteers, must be carried out in strict accordance with legal provisions. If advertisements are used, the number of advertisements is limited and shall not exceed 150 times during the presidential election, and specific regulations are made on the standards for advertisements. In addition, the specifications of promotional materials produced to promote candidates during election campaigns, and the specifications and frequency of distribution of promotional materials related to policies and political platforms distributed to party members must also comply with the relevant provisions of the election law.
(5) Voting procedures and turnout rate
The election procedures stipulated in the Korean Election Law mainly include voting, counting, counting, election, and announcement of the election results.
The average voting rate for members of Congress from the first to the 15th term was 78.7%. The changes in voting rates over the past years are shown in the figure below.
In addition to the presidential and congressional elections, local elections at the provincial, municipal, county and other levels are conducted in accordance with the unified provisions of the election law. They are held every four years and have considerable authority in all aspects of the election. consistency.
Previous congressional elections
3. Election management
(1) Election management agency
In order to effectively organize and manage relevant elections affairs, South Korea established a top-down election management committee. The election management committee is divided into the following types:
1. Central Management Committee. It consists of nine members, three of whom are appointed by the president, three who are elected by the National Assembly, and three who are designated by the president of the Supreme Court. This committee governs and manages all matters related to elections, and has the power to cancel and change illegal and improper sanctions imposed by lower-level election management committees.
2. Special city, metropolitan city, and province election management committees. It is composed of 9 members, of which 3 are recommended by the political parties that form the negotiating group in the National Assembly, 3 are recommended by the president of the local court with jurisdiction over the area (which must include 2 judges), and highly respected individuals are appointed by the Central Election Management Commission. 3 people. Its responsibilities are to direct and supervise the lower-level election management committee, confirm the election fee limit, and handle election petitions filed after the election.
3. District, city and county election management committees.
4. Voting Area Electoral Management Committee.
According to the provisions of the "Election Management Committee Law", the higher-level election management committee has the power to cancel or change the illegal or improper election-related sanctions of the lower-level election management committee. When the district election management committee or the higher-level election management committee deems it necessary, it may adjust the scope of election affairs under the jurisdiction of the election management committee in the management area, or order the lower-level election management committee or committee members to perform the duties of the district election management committee. The funds of the Central Election Management Commission are independent and included in the national budget separately.
(2) Election dispute system
Political parties, candidates and voters who have objections to the election process and election results may file a dispute with higher authorities or courts in accordance with the procedures prescribed by law. Litigation to protect one's legitimate rights and interests. In South Korea, there are two ways to file a lawsuit, namely election petition and election litigation.
When there are objections to the validity of the election in the election of local assembly members, local self-government groups and chiefs, voters, political parties and candidates may file a complaint with the Central Election Commission or the city or province within 14 days from the date of the election. The Electoral Affairs Commission submits the appeal in writing. If there is any objection to the validity of the election, the political party or candidate can make the elected person or the chairman of the constituency management committee the defendant and file a lawsuit according to the above procedures. After accepting the petition, the Central Election Administration Commission (the same as the municipal and provincial election administration committees) shall promptly send a copy of the respondent's petition to the respondent. The respondent shall file a reply to the petition within the time limit specified by the Central Election Commission. After receiving the petition, the Central Election Commission will send a copy of the petition to the petitioner and make a decision on the petition within 60 days from the date of acceptance of the petition.
According to the provisions of the election law, election litigation includes the following two forms: First, in the presidential election and the election of members of Congress, political parties, candidates, and voters who have objections to the validity of the election or the validity of the election file a lawsuit in court Litigation to protect their rights and interests through judgment. Second, if you are dissatisfied with the decision on an election petition, you can file a lawsuit in court with the chairman of the election management committee as the defendant. Relevant election lawsuits should be given priority in making decisions or judgments, and the court being sued should make a decision within 180 days from the date of filing the lawsuit. After the lawsuit is initiated, discontinued, and the judgment is determined, the court with jurisdiction over election litigation shall report the results to the National Assembly, the Central Election Management Commission, and the jurisdictional constituency election management committee.
(3) Election funds
The election law places strict restrictions on the use of election expenses and stipulates the maximum limit for the use of election expenses in different types of elections, such as presidential elections. The cost is 5 billion yuan. The election cost for the election of regional congressmen is 35 million yuan, and the election cost for city and provincial assembly members is 18 million yuan. In order to strengthen the supervision of the use of election expenses, the Election Law stipulates that after a political party or candidate applies for candidate registration, it should promptly designate an accountant responsible for the income and expenditure of election expenses, and report the accountant's information to the election in writing. Report to the Management Committee. If the expenditure on election expenses exceeds 1/200 of the legal limit, the candidate will be sentenced to hard labor for not more than five years or a fine of not more than 20 million yuan. If a candidate is punished for violating election laws, the election result of the candidate will be invalid, and the continuous sitting system will apply to those who are related to the candidate. Strict management of election expenses is an important condition for maintaining electoral integrity.