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영어

The trust money system in view of the Public Office Election Act, a system based on the Article 116, the Clause 2 of the Constitution, enables establishment of fairness, efficiency and reliability of election, and provides political stability by checking random candidacy. Because it preclude
overheating or corruption of election, thus reducing election cost. Therefore, the purpose of legislation of trust money system in view of the Public Office Election Act is duly justifiable. And the trust money system in view of the Public Office Election Act enables contribution to secure fairness and efficiency of election and political stability, and so on. Accordingly, the means of trust money shall be deemed appropriate. Besides, there is a opinion that nomination should be done only by above certain number of voters in order to secure fairness, efficiency of election and political stability, and minimize detriments to the candidates. However, this method has the pitfall that the election can grow overheated or corrupt as there is no financial responsibility upon the candidate him/herself, and they can do election campaign beforehand. For such reason, it is necessary that to be nominated, the candidates should pay certain amount of trust money as well as receive votes by above certain number of voters, complying with the minimum infringement doctrine. In addition, it also complies with the legal interest balance doctrine,
since the public interest of fairness, efficiency, and reliability of election created through the trust money system in view of the Public Office Election Act is greater than interest from election candidates' right to participate in public service. Considering the points above, the trust money system in view of the Public Office Election Act shall be deemed constitutional. And in order for the trust money in view of the Public Office Election Act to realize true fairness in granting the candidates the right to participate in public service, under no discrimination on the amount of property they own, harmonizing with free election doctrine, the amount of money the candidates
pay should be only as symbolic amount as not to shrink the practice of their right to participate in public service. Also, trust money should be attributed to the national treasury under certain
requirement of the Public Office Election Act so as to check random candidacy. However, the condition range of trust money refund in view of the Public Office Election