원문정보
초록
영어
In Korea, the residents' voting system had been adopted as a law in 2004, and had lots of discussions regarding the several unclear legal issues. After three 2005 residents’ voting cases under article 8 and one 2011 case under article 7 had incurred more discussions how to resolve those issues. From this research, I would like to provide several suggestions as follows. First, the residents’ voting object needs to be interpreted as wider, while the prohibition of the voting should be clearly articulated. Second, the discretionary power of the local government’s head should be wider. Third, voting rights needs to be wider to the permanent residents as the changed legislations according to the Constitutional Court’s decision. Fourth, the voting results needs to be open if it binds the policy decisions. However, if it does not bind policy decisions, it needs to be leave the right to decision to the local authority.
목차
I. Introduction
II. Legal Framework of Residents Voting Act(“RVA”) of Korea
1. Overview
2. Nature of the residents voting system (“RVS”)
3. Types of the residents voting system
4. Residents’ voting cases of Korea
III. Legal issues of RVA of Korea
1. Objects of RVA under article 7(1)
2. Discretionary power of the local government’s head under Article 7(2)
3. Voting rights requirements under Article 5(1)
4. Validity of residents’ voting under Article 24(1)-(2)
IV. Conclusion
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