인터넷 選擧運動(E-Campaigning)에 대한 憲法的 考察

• 영문명: A Constitutional Study of Election Law and E-Campaign
• 발행기관: 한국헌법학회
• 저자명: 조소영(Cho So-young)
• 간행물 정보: 『헌법학연구』憲法學硏究 第11卷 第2號, 417~456쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

By the 16th general election and continuing into the 17th general election, most legitimate political candidates had a Web site. Political parties and voters relied on the internet to provide and receive everything from election information to campaign. In some part, governments used the Internet for direct voting. voters used the Internet to make their positions on elections and political issues known, in some cases for the issues, to communicate directly with core constituents, to attract new supporters, to communicate via e-mail. New technology created questions regarding the applicability of recent election law to Internet activity. Our election law was revised recently. So this article reviews Internet regulations under that law, especially centering on the E-Campaign and discusses the constitutionality of the issued regulations in election law. The Internet will forever be a part of political activity and elections in our nation. The freedom of expression made possible by the Internet is a valuable tool for individuals to voice their opinions on issues and candidates. I think that governments should provide maximum protection for election-related speech on the Internet. The heavy regulations that make it more difficult to take part in this exchange of ideas and opinions violate the constitution. From this point of view, “One's real name system in a bulletin through the Internet(Art 6 of 82, Election Law)” is necessary to consider carefully for revision. Many scholars forecasts a dramatically improved post-Internet political landscape. First, possibility of cheaper elections due to the Internet's influence. Second, the move of the electoral franchise online will encourage greater voter participation. Third, the general movement of politics from television to the Internet will stimulate an evolution of our system of governance to a more direct form of democracy. But the Internet will upset the existing privacy preserves that our society has developed for personal information relating to political life. The danger is that the negative impact on information privacy and free expression will make individuals less willing to participate in politics. Therefore, the critical task will be to shape cyberspace and the political process on it to avoid negative results and gather positive results from any move to online politics.

목차

Ⅰ. 들어가는 말

Ⅱ. 선거운동의 의미와 법적 성질에 관한 논의

Ⅲ. 전자민주주의와 선거운동

Ⅳ. 現行 公職選擧法에서의 인터넷 選擧運動 關聯 規定의 檢討

Ⅴ. 外國의 인터넷 선거운동 -미국을 중심으로-

Ⅵ. 맺음말

국문초록

참고문헌

Abstract