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초록· 키워드
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The Korean Constitutional Court decided on July 19, 2001 that the Law Concerning Public Elections and Prevention of Irregularities in Elections, which gives each voter only one vote whereas it combines voting in single-member districts with proportional representation system according to party lists, does not conform with the principle of equal opportunity before law.
For trade unions which endeavor for long years to send their representatives to the local governments and every level of parliaments the court ruling is a great breakthrough to enhance their chance in the public elections.
Previously the Constitutional Court ruled out in 1999 also the Political Fund Act unconstitutional because it prohibited the contribution of labour organizations while there was no barrier for the entrepreneur to the political fund.
In the discussion to revise the Election Law the trade unions express great interests in the proportional electoral systems which would like to give more chances to the minorities compared to the majority systems with small electoral districts.
Because among the varieties of the electoral systems the German electoral system is preferred as an alternative in Korea, it is necessary to deeply examine the personalized proportional representation of Germany.
As widely known, in the elections to the German Bundestag, each voter has two votes. The first vote (Erststimme) is given to candidates of parties in the districts; the second vote (Zweitstimme) to the party list (Landesliste). Naturally, the candidate who gets the majority of votes in the electoral district wins. The second votes determine how many representatives will be sent from each party to the Bundestag. The number of representatives for each party is determined according to Hare/Niemeyer formula.
In the first procedure for distributing the seats, the number of seats for each party is determined. In this procedure, the second votes at the national level of the parties' lists are added. The Hare/Niemeyer method is applied to all of these votes, thereby determining the total seats for each party. In the distribution of the seats, only those parties participate which, at the national level (until 1956, at the federal state level), reached the 5 percent threshold or were able to get three direct seats.
The second procedure for the assignment of seats uses, once again, the Hare/Niemeyer formula for determining how many seats correspond to each party at the list level, given the total number of representatives won at the national level. Only after having defined how many seats correspond to each party in each Land or federal state, then the direct seats that correspond to each party are figured out. If one party has won more direct seats with the first votes than those that correspond to it according to the second votes, the party may retain those seats, such that the total number of seats temporarily increases (these are the so-called excess seats or Uberhangmandate).
If Korea applies the proportional representation system the pivotal point will be how Korea can overcome the regionalism which appears in every public election carried out mostly by majority system with small districts.
It is doubtful that trade unions enjoy equal opportunity with the employers with amendment to the Political Fund Act, which enabled the labour organizations to contribute to the political parties. It must be considered that in the United States not only the contribution of trade unions, but that of corporations is prohibited, in principle.
“It is unlawful for any ····· any corporation whatever, or any labor organization to make a contribution or expenditure in connection with any election at which Presidential and Vice Presidential electors or a Senator or Representative in, ····· or in connection with any primary election or politiacl convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section.”(Sec. 304. Labor Management Relations Act)
Later, the Federal Election Campaign Act of 1971 allowed the indirect contribution via political action committee. However, the corporations and labor organizations are far from direct contribution to the candidates.
The prohibition of direct contributions of corporations is recommended rather than the allowance of contribution of trade unions in order to pave the way to equal opportunity of the social partners.
For trade unions which endeavor for long years to send their representatives to the local governments and every level of parliaments the court ruling is a great breakthrough to enhance their chance in the public elections.
Previously the Constitutional Court ruled out in 1999 also the Political Fund Act unconstitutional because it prohibited the contribution of labour organizations while there was no barrier for the entrepreneur to the political fund.
In the discussion to revise the Election Law the trade unions express great interests in the proportional electoral systems which would like to give more chances to the minorities compared to the majority systems with small electoral districts.
Because among the varieties of the electoral systems the German electoral system is preferred as an alternative in Korea, it is necessary to deeply examine the personalized proportional representation of Germany.
As widely known, in the elections to the German Bundestag, each voter has two votes. The first vote (Erststimme) is given to candidates of parties in the districts; the second vote (Zweitstimme) to the party list (Landesliste). Naturally, the candidate who gets the majority of votes in the electoral district wins. The second votes determine how many representatives will be sent from each party to the Bundestag. The number of representatives for each party is determined according to Hare/Niemeyer formula.
In the first procedure for distributing the seats, the number of seats for each party is determined. In this procedure, the second votes at the national level of the parties' lists are added. The Hare/Niemeyer method is applied to all of these votes, thereby determining the total seats for each party. In the distribution of the seats, only those parties participate which, at the national level (until 1956, at the federal state level), reached the 5 percent threshold or were able to get three direct seats.
The second procedure for the assignment of seats uses, once again, the Hare/Niemeyer formula for determining how many seats correspond to each party at the list level, given the total number of representatives won at the national level. Only after having defined how many seats correspond to each party in each Land or federal state, then the direct seats that correspond to each party are figured out. If one party has won more direct seats with the first votes than those that correspond to it according to the second votes, the party may retain those seats, such that the total number of seats temporarily increases (these are the so-called excess seats or Uberhangmandate).
If Korea applies the proportional representation system the pivotal point will be how Korea can overcome the regionalism which appears in every public election carried out mostly by majority system with small districts.
It is doubtful that trade unions enjoy equal opportunity with the employers with amendment to the Political Fund Act, which enabled the labour organizations to contribute to the political parties. It must be considered that in the United States not only the contribution of trade unions, but that of corporations is prohibited, in principle.
“It is unlawful for any ····· any corporation whatever, or any labor organization to make a contribution or expenditure in connection with any election at which Presidential and Vice Presidential electors or a Senator or Representative in, ····· or in connection with any primary election or politiacl convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section.”(Sec. 304. Labor Management Relations Act)
Later, the Federal Election Campaign Act of 1971 allowed the indirect contribution via political action committee. However, the corporations and labor organizations are far from direct contribution to the candidates.
The prohibition of direct contributions of corporations is recommended rather than the allowance of contribution of trade unions in order to pave the way to equal opportunity of the social partners.
#노동조합
#헌법재판소
#헌법소원
#공직선거및선거부정방지법
#평등선거의 원칙
#정치자금에관한법률
#정당명부식 비례대표제
#다수대표제
#혼합대표제
#독일 선거제도
#인물화된 비례대표제
#연방선거운동법
#정치활동위원회
#독일 정당법
#majority system
#proportional system
#mixed system
#plurality in single-member districts
#absolute majority in single-member districts
#alternative vote
#small sized multi-member districts
#majority manufacturer
#pure proportional representation
#Erststimme
#Zweitstimme
#Landesliste
#Bundestag
#Hare/Niemeyer formula
#ÜUberhangmandate
#Labor Management Relations Act
#Federal Election Campaign Act of 1971
#political action committee
#Parteiengesetz
#Spenden
목차
Ⅰ. 헌재결정과 노동조합
Ⅱ. 노동조합의 정치실험
Ⅲ. 노동조합정치활동 금지 규정의 연혁과 변화
Ⅳ. 선거제도의 유형과 대안
Ⅴ. 정치자금의 문제
[Abstract]
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