Elections and National Assembly

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National Assembly Election Redistricting Plan Case
[13-2 KCCR 502, 2000Hun-Ma92, 2000Hun-Ma240(consolidated), October 25, 2001]

Contents of the Decision
1. Limits to legislative discretion in redistricting electoral districts. 2. Permissible limit on population disparity in electoral districts. 3. A case where the redistricting discriminating electors in a particular district from those in other electoral districts was not regarded as gerrymandering. 4. Whether to declare the entire Election Redistricting Plan unconstitutional when parts of the Plan has unconstitutional elements. 5. Reasons for giving temporary effects to provisions declared nonconforming to the Constitution.

Provisions on Review
Act on the Election of Public Officials and the Prevention of Election Malpractices (amended by Act No. 6265on February 16, 2000) Parts on "Kyonggi Anyang Dongan-Ku" Electoral District and "Incheon Seo-Ku and Kangwha-Kun B" Electoral District in the National Assembly Election Redistricting Plan, Table 1, Article 25(2): omitted

Related Provisions
The Constitution
Articles 11(1), 41(1), (2), (3)

Act on the Election of Public Officials and the Prevention of Election Malpractices (amended by Act No. 6265 on February 16, 2000) Article 21 (Full Number of National Assembly Members)

(1) The full number of National Assembly members, for local constituency members and proportional representatives combined, shall be 273. (2) The full number of National Assembly members to be elected in a single local constituency shall be one.

Article 25 (Demarcation of Local Election Districts for National Assembly) (1) The local constituency for National Assembly (hereinafter referred to as the "election district for National Assembly") shall be demarcated in the area under jurisdiction of the City/Province, in consideration of the population, administrative districts, geographical features, traffic, and other conditions, but a Ku (including an autonomous Ku), Shi (meaning a Shi where a Ku is not established), or Kun (hereinafter referred to as a "Ku/Shi/Kun"1)) shall not be partly divided and made to belong to another election district for National Assembly. (2) [omitted]

Article 3 of Addenda (Special Cases concerning Demarcation of Local Election Districts for National Assembly Members) Notwithstanding the provision of the latter part of Article 25(1), in the election of National Assembly members (including the special election, etc.), a divided part of the Haeundae Ku of the Pusan Metropolitan City may be made to belong to the local election district for the National Assembly member for Kijang Kun B, Haeundae Ku, and a divided part of the Puk Ku of Pusan Metropolitan City to the local election district for the National Assembly member for Kangso Ku B, Puk Ku, and a divided part of the Seo Ku of the Incheon Metropolitan City to the local election district for the National Assembly member for Kangwha Kun B, Seo Ku. 1). A city is called shi. A city is made up of Districts called Ku. Within a Ku are neighborhoods called Dong. Some cities are not separated into districts. A district with not enough population to become a city is called Kun.

Parties
Complainants
1. Jeong Jin-sup (2000Hun-Ma92)
Counsel
(1) Attorney Han Kyung-soo
(2) Legal Corporation Hanjoong
Attorney-in-charge: Lee Hee-suk

2. Yang Yong-suk and 11 others (2000Hun-Ma240)
Counsel: Ryu Kwon-hong

Holding
1. Table 1, "the National Assembly Election Redistricting Plan," pursuant to Article 25(2) of the Act on the Election of Public Officials and the Prevention of Election Malpractices (amended by Act No. 6265 on February 16, 2000) is nonconforming to the Constitution. 2. The above National Assembly Election...
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