The local self-government that started from the election of the head of a local government in 1995 has resulted in a number of changes in the local government administration and demands of welfare promotion from citizens over the past 10 years or more...
The local self-government that started from the election of the head of a local government in 1995 has resulted in a number of changes in the local government administration and demands of welfare promotion from citizens over the past 10 years or more. The demands of welfare promotion from citizens have enticed increase in acts of offering or promising to offer money, goods or interests other than those as prescribed by the Acts of the head of a local government. In response to such acts, restriction on acts of the head of a local government under Public Offical Election Act have became stricter. In relation to the restrictions on acts of the head of a local government, solutions should be developed because perspectives are diverse among interested parties and much confusion exists in terms of operation of such restrictions.This paper was designed to study the actual conditions of administration relevant to the election of the head of a local government and the ways to discern between function acts and contribution acts by the head of a local government to find solutions to problems drawed from the comparison and the analysis of judgement by the authorities on acts relevant to Violating Election Act of the head of a local government.In chapter 2, the actual conditions of administration related to the election of a local self-gvernment were discussed. An administration of offering or promising to offer money, goods or interests other than those as prescribed by the Acts and Showing off his or her achievements to give support to the head of a local government has been increased daily, and the acts of Violating Election Act by the head and the offical of a local government has been increasing rapidly.The reason is that the power of the head of a local government has been strengthened under administration of offering or promising to offer money, goods or interests other than those as prescribed by the Acts, while local councils, which should check the heads of a local government are far behind the head of a local government and the executives of a local self-government in terms of expertise and information. Therefore, for an effective operation of local self-government specialization of local council as well as autonomous inside control by local self-government and control by citizens should be activated. In case of the head of a local government that was chosen by election, control by citizens is not only more important but also more in line with the purpose of local self-government than the control by the government.In chapter 3, the ways to discern between function acts and contribution acts by the head of a local government were discussed. In chapter 4, the decisions made by the authorities on acts of violatiing Election Act were compared and anlayzed. Regarding the interpretation of related requirements on acts of violating Election Act by the head of a local government, the Election Commission interprets strictly the relevance to election for the purpose of ensuring impartiality of election, while the prosecution and the court take an excessively limited viewpoint. Generous decisions by the prosecution or the court may cause the waste and the confusion of administration and impair the purpose of legislation to strictly limit contribution acts.In chapter 5, solutions to problems with handling acts of violating Public Offical Election Act of the head of a local government or application of the same Act were presented so that the intention underlying Public Offical Election Act can be reflected.First of all, reasonable improvement of regulative period to restriction on acts of the head of a local government and prohibition period awards by local self-government were suggested, together with concretization and stipulation of regulations.Besides, as alternatives to the problems with application of Public Offical Election Act, strict decision and interpretation of application by the prosecution and the court based on the purpose of legislation were discussed.Finally, a standing committee for revision of Public Offical Election Act should be established in the National Assembly so that it will be able to help reach a national consensus on bills that may cause infringement of rights of citizens and restrict to enhancement of welfare, by positively reflecting opinions from interested parties including a people and civic groups.In conclusion, this study is expected to contribute to decision on whether the head of a local government violated Public Offical Election Act in relation with his or her function acts, and in-depth studies on specific issues should be further performed in the future.