Freedom and fairness in election are both the fundamental ideas and tasks of electoral law system. In order to promote the development of democracy by containing election related corruptions in a fundamental manner, individual electoral law such as "President Electoral Act" and "Congressman Electoral Act" was abolished and enacted "Public Official Election and Prevention Act Against Election Corruption" as an integrated electoral law in 1994, and thereafter the law changed its name into "Public Office Electoral Act" in August of 2005, making electoral campaigns improve and system of regulations repaired.
The results of these legislative efforts not only contributed to the freedom of election campaign and heightened fairness of election, but had an influence on the settlement of sound election culture. However, irrational aspect and inconsistency of law related with punishment of election criminals are not entirely abolished. Korean government have chosen nomination donation, illegal political funds, money and treat, slander and false propaganda, civil servants' systematic interference in election, and establishment and management of private organization as five crimes interrupting the fair election, and clamped them down. These election-related crimes are classified into Interest Inducement Act, Contribution Act, False Fact Publication Act, and Candidate Slander Act according to "Public Office Electoral Act," and severely punished for interrupting fair election.
As shown, however, in results of electoral crime analysis and prosecution data, the rate of slander and false propaganda is higher than that of other crimes. Furthermore, judging from the fact that 57. 8% of all respondents said that candidates should observe the electoral laws and voters should not cast their votes on those who violated the laws in order to make the election fair, the regulations for prohibition of election-related crimes are a requisite of the age.
This thesis tries to suggest improvements of system for prevention of slander and aftermath measures and emphasize the need for voters to actively participate in preventive activities and for regulatory institutions to strengthen their rights.
For measures to prevent slander and false propaganda, deregulation of electoral campaign and repair of related regulations are required. It means that in case the electoral regulations are too restrictive, fairness of electoral process can be impaired, and as a result, illegal slander and false propaganda can be prevalent. In order to prevent it in a fundamental way, deregulation of electoral campaign and repair of related regulations are highly needed.
As for aftermath measures for investigation of electoral crimes and effectiveness secure, first, it is necessary for those who violated electoral laws to be under the disadvantages in the election. Second, those who violated the slander act should be banned from the next election by sentencing them to invalidity of election. Third, it is necessary that in case the elected is accused of violating the electoral laws, the rights of the elected should be limited, even before he is convicted guilty. After all, the elected will stop thinking that once he is elected, everything is all right. Fourth, by enlarging the scope of invalidity of election caused by electoral crimes of campaign managers into slander and false propaganda, law-abiding spirit of campaign managers should be heightened. Fifth, in sentencing electoral criminals, the court should judge them rigidly so that their election will be invalid in principle.
Lastly, voters' participation and institutions' rights in monitoring campaign need to be enlarged and strengthened. As voters get more interested in campaign and more involved in regulative activities, programs for heightening voters' political awareness need to be established and correct information on candidates needs to be provided to voters. Moreover, information and report from candidates and parties should be actively encouraged, while non-government organization should support fair election campaign. As for strengthening rights of regulative organizations, justification of machinery of law and National Election Commission is urgently needed, and especially National Election Commission as an institution for direct management of election should be independent and fair. In order to do it, it is necessary for National Election Commission to be given quasi-jurisdiction.
Under the present electoral laws, as long as electoral criminals are not sentenced to the case in which the guilty are disqualified in election, they are eligible for the next candidacy and can retain elected office so that they disregard electoral laws. Thus, it is strongly required that we try to get election-related criminals uncovered and punished to the end, in order for election-related crimes to be evicted out of this country.