The recall system enables citizens to remove elected local officials through electorate's signatures or residents' vote when an elected local official is considered to have done illegal or unfair acts or to have neglected his or her duty.
'Recall of Elected Officials Act' was enacted on May 24, 2006 in Korea, and the recall system went into effect on 25th May, 2007. During the past decade, there have been 94 cases calling for recall. However, only 8 among them have resulted in recall votes.
In a full-scale decentralization era, I have come to the realization that future recall should be more transparent and fairer in accordance with the political situation to ease requirements for recall This study aims to suggest methods of achieving fairness in recall votes and improving punishment for the violation of recall law.
To achieve fairness in the recall system, first, organizing a supporters' association and fund-raising activities should be allowed so that corruption related to recall costs can be prevented and the representative of recall petitioners or the official on a recall petition can obtain financing without difficulty. Second, the methods of collecting signatures for a recall petition should be expanded and include things such as posting on the Internet homepage and sending email. Third, National Election Commission should be exempt from the obligation of election promotions to encourage voter participation and regulations such as imposing a fine for not guaranteeing voting time for workers should be made. Fourth, to obtain the neutrality of the recall vote it should be expressly stipulated that public officials cannot specify any kind of behavior against signature-collecting drive or cannot do things that can have an effect on the recall vote. Fifth, supplementary rules for the recall law should introduce a statute of limitations and special provisions on those who surrender themselves to the justice and include measures to strengthen the investigation authority of National Election Commission. Sixth, when judging the signature list calling for a recall vote, measures are necessary to entrust it to a specialized organization or conduct a sample survey. Related statute should be prepared so that the list cannot be revealed after the reading period for a signature list except when it is required for the judicial process.
As a way to improve punishment related to the recall vote, first, limitations on the right to take a public office, the right to vote, and the right to be elected should be put for an official who is convicted and receives a sentence higher than standards. Second, regulations should be made so that aggravated punishment can be applied if a public official violate the recall law. Third, penal provisions should be amended so that false signatures calling for a recall vote, assaults on employees of National Election Commission, acts of hindering or interrupting the recall vote, putting recall petition forms in a certain place, and acts trying to transfer them to a certain person can be punished. In addition, the coverage for obstructing the freedom of recall should be extended to those who call for signatures.