Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Opinions on the Bill on the Amendment to Laws on Politics [2004] KRNHRC 7 (1 January 2004)

The civic and political rights of citizens, including the right to vote and right to hold
public office, are basic human rights. They are important rights by which citizens can
further the universal practice of human rights and practical improvement by establishing
democracy.

Upon receiving complaints from candidates for the general elections in 2004 and requests
from NGOs for the expression of opinions by the Commission, the Commission examined
the bill on the amendment to political-related laws, including the Act on the Election of
Public Officials and the Prevention of Election Malpractices, Political Parties Act, and
Political Funds Act. After examining the bill, the Commission delivered its opinions to the
National Assembly for improvement so that the freedom of expression, right to vote, and
right to hold public office could be practically guaranteed.

The Act on the Election of Public Officials and the Prevention of Election Malpractices
provides for the introduction of the Real Name Authentication System for the election
bulletin board of internet mass media companies. The Commission decided that it
potentially would restrict the freedom of expression on the internet and the right to
formation of pubic opinion. The Commission decided that the legal voting age should be
lowered from 20 to 18 in consideration of the level of development of Korean society and
the social awareness of the citizenry. As for political-related laws, the Commission
suggested that related provisions, such as those of election campaigns and election of
candidates, be supplemented in order to guarantee opportunities for new politicians to enter
politics and ensure adequate representation of all levels of society.

The opinions of the Commission were reflected in part as some provisions, such as those
for the establishment of an association of supporters and increase in the number of seats for
proportional representation, were revised. Nonetheless, in order to increase political freedom
and the rights of citizens in the future, politics-related laws need to be further revised.