Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-26T05:53:08.264Z Has data issue: false hasContentIssue false
  • English
  • Français

LIBERAL TAIWAN VERSUS ILLIBERAL SOUTH KOREA: THE DIVERGENT PATHS OF ELECTION CAMPAIGN REGULATION

Published online by Cambridge University Press:  02 February 2021

Jong-sung You Open the ORCID record for Jong-sung You [Opens in a new window]  and
Jiun-Da Lin
Get access Rights & Permissions [Opens in a new window]

Abstract

South Korea and Taiwan have developed very different sets of election campaign regulations. While both countries had highly restrictive campaign rules during the authoritarian era, they have diverged since democratic transition. South Korea still imposes numerous restrictions on campaigning activities, but Taiwan has removed most of the restrictions. We explore the causes of these divergent trajectories through comparative historical process tracing, focusing on critical junctures and path dependence. We find that incumbency advantage and containment of new opposition parties were the primary objectives of introducing stringent regulations under the authoritarian regimes in both countries. The key difference was that, during the democratic transition, legislators affiliated with the opposition parties as well as the ruling party in South Korea enjoyed the incumbency advantage but that opposition forces in Taiwan did not. As a result, the opposition in Taiwan fought for liberalization of campaign regulations, but the South Korean opposition did not.

Keywords

election campaign regulationincumbency advantagepath dependenceSouth KoreaTaiwan
Type
Article
Information
Journal of East Asian Studies , Volume 20 , Issue 3 , November 2020 , pp. 437 - 462
Copyright
Copyright © East Asia Institute 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

Birch, Sarah. 2012. Electoral Malpractice. Oxford University Press.Google Scholar
중앙선거관리위원회 [Central Election Management Commission]. 2009. 대한민국선거사 제 4 집-제 6 집 [The History of Elections in the Republic of Korea, vol. 4–6]. Gwachon, Gyeonggi-do: Central Election Management Commission.Google Scholar
중앙선거관리위원회 [Central Election Management Commission]. 2016. 제 20 대 국회의원선거 총람 [White Paper for the 19th National Assembly Elections]. http://www.nec.go.kr. Accessed December 21, 2019.Google Scholar
Central News Agency. 1964. 民廳解釋選舉法規 候選人可舉辦晚會 挨戶訪問不受限制 [Provincial Government Explains the Electoral Laws, Candidates Can Have Evening Assembly, Door-to-door Canvass is Not Prohibited]. United Daily News. January 23.Google Scholar
Chen, Ming-tong, and Lin, Jih-wen. 1998. 台灣地方選舉的起源與國家社會關係轉變 [The Origin of Taiwan's Local Election and the Transformation of State–Society Relations]. In 兩岸基層選舉與政治社會變遷 [Local Elections and Political-Social Changes Across the Strait], edited by Ming-tong, Chen and Zheng, Yong-nian, 23–69, Taipei: Yuedan.Google Scholar
Chen, Yun-cai, and Wang, Ye-li. 2002. 競選活動規制之研究 [A Study of Campaign Regulations]. Taipei: The Central Election Commission.Google ScholarPubMed
Choi, Jang Jip. 2009. “The Fragility of Liberalism and its Political Consequences in Democratized Korea.” The Journal of Asiatic Studies 52 (3): 252–272.Google Scholar
Chon, Jong-Ik. 2010. “위헌심판의 심사기준: 선거운동과 표현의 자유를 중심으로” [Standard of Judicial Review for Election Campaign law and Freedom of Expression], 서울 법학 [Seoul Legal Studies] 18 (1): 243–271.Google Scholar
Copper, John F. 1990. Taiwan's Recent Elections: Fulfilling the Democratic Promise. Baltimore: University of Maryland School of Law.Google Scholar
Copper, John F., and Chen, George P.. 1984. Taiwan's Elections: Political Development and Democratization in the Republic of China. Baltimore: University of Maryland School of Law.Google Scholar
Curtis, Gerald L. 1971. Election Campaigning Japanese Style. New York: Columbia University Press.Google Scholar
Day, T. R. 2009. “‘Nasty As They Wanna Be’ Politics: Clean Campaigning and the First Amendment.” Ohio Northern University Law Review 35 (2): 647–684.Google Scholar
Do, Hyung-rae. 2013. “Indiscriminate Indictments and Fines for Speaking Out on Park Chung-hee, Park Keun-hye, or Park Ji-man.” Media News, July 8.Google Scholar
Free China Magazine (自由中國). 1953. “競選活動應看作政治教育” [Campaign Activities Should Be Viewed as Political Education]. Free China Magazine 8 (2).Google Scholar
Free China Magazine (自由中國). 1954. “競選活動應有這樣不合理的限制嗎” [Should There Be Unreasonable Regulations of Campaign Activities?]. Free China Magazine 10 (9).Google Scholar
Freedom House. 2012. Freedom of the Press. www.freedomhouse.org. Accessed December 21, 2019.Google Scholar
Gandhi, J., and Lust-Okar, E.. 2009. “Elections under Authoritarianism.” Annual Review of Political Science 12: 403–422.CrossRefGoogle Scholar
Gao, Xiao-peng. 2009. “台灣省參議會推動地方自治之研究 1946–1951” [The Study for Taiwan Provincial Consultative Council's Promotion of Local Self-governance 1946–1951]. PhD diss., National Taiwan Normal University.Google Scholar
Haggard, Stephan, and You, Jong-sung. 2015. “Freedom of Expression in South Korea.” Journal of Contemporary Asia 45 (1): 167–179.CrossRefGoogle Scholar
Hanmer, Michael J. 2009. Discount Voting: Voter Registration Reforms and Their Effects. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Hrebenar, Ronald J. 2000. Japan's New Party System. Boulder: Westview Press.Google Scholar
Hsu, Jimmy Chiashin. 2009. “Free Speech and Democratic Consolidation in a Divided Polity: Taiwan's Politics of Rumors and Laws of Defamation, 2000–2008.” J.D. diss., University of Chicago.Google Scholar
Huang, Yandong. 2004. 新世紀台灣憲政體制與政黨政治發展趨勢 [The Developmental Trend of Taiwan's Constitutional System and Party Politics in Twenty-First Century]. Taipei county: Zheng zhong.Google ScholarPubMed
Huang, Jiashu, and Cheng, Rui. 2002. 台灣選舉研究 [Taiwan Electoral Study]. Beijing: Jiu zhou.Google Scholar
Katz, Richard S., and Mair, Peter 1995. “Changing Models of Party Organization and Party Democracy: The Emergence of the Cartel Party.” Party Politics 1 (1): 5–28.CrossRefGoogle Scholar
Kelley, Judith G. 2012. Monitoring Democracy: When International Election Observation Works, and Why It Often Fails. Princeton: Princeton University Press.Google Scholar
Kennedy, Sheila Suess. 2017. “Electoral Integrity: How Gerrymandering Matters.” Public Integrity 19 (3): 265–269.CrossRefGoogle Scholar
Kim, Hyun-Tae. 2007. 선거운동의 자유와 공정에 관한 연구 [A Study of Freedom and Fairness of Electoral Campaigning]. PhD diss., Gyeonggi University.Google Scholar
Kim, Ilhwan and Hong, Seokhan. 2014. “A Comparative Study on the Regulation of Election Campaign.” 미국헌법연구 [Study on The American Constitution] 25 (1): 31–63.Google Scholar
한국선거학회 [Korea Election Studies Association]. 2012. “공직선거법상 선거운동방법의 실효성 및 제도개선 방안 학술연구” [A Study of Practicality of the Electoral Campaign Tools Allowed by the Public Officials Election Act and Proposals for Improving the Rules]. Central Election Management Commission, Republic of Korea. http://www.nec.go.kr. Accessed December 21, 2019.Google Scholar
La Rue, Frank. 2011. “Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression: Addendum, Mission to the Republic of Korea (A/HRC/17/27/Add.2).” Geneva: Human Rights Council, United Nations. https://www.refworld.org/docid/50f3de182.html. Accessed March 21, 2015.Google Scholar
Lang, Yuxian. 1990. 選舉論文集 [Essays of Elections]. Taipei: Taiwan shang wu.Google Scholar
Laws & Regulation Database of the Republic of China. 2017. “Civil Servants Election and Recall Act; Presidential and Vice-Presidential Election and Recall Act.” https://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0020010. Accessed December 21, 2019.Google Scholar
Levitsky, Steven and Way, Lucan A.. 2010. “Why Democracy Needs a Level Playing Field.” Journal of Democracy 21 (1): 57–68.CrossRefGoogle Scholar
Lin, Jia-long. 1998. “台灣地方選舉與國民黨政權的市場化” [The Local Elections in Taiwan and the Marketization of the KMT Regime]. In 兩岸基層選舉與政治社會變遷 [Local Elections and Political- Social Changes Across the Strait], edited by Ming-tong, Chen and Zheng, Yong-nian, 23–69, Taipei: Yuedan.Google Scholar
Lin, Zhi-ping. 1952. “由地方自治法規的修改談各縣市議員競選” [Discussion on Elections of County and City Councilors from the Viewpoints of the Revision of Local Self-governance Law]. United Daily News, November 25.Google Scholar
Lin, Tse-Min, Chu, Yun-Han, and Hinich, Melvin J.. 1996. “Conflict Displacement and Regime Transition in Taiwan: A Spatial Analysis.” World Politics 48 (4): 453–481.CrossRefGoogle Scholar
McElwain, Kenneth M. 2008. “Manipulating Electoral Rules to Manufacture Single-Party Dominance.” American Journal of Political Science 52 (1): 32–47.CrossRefGoogle Scholar
Mobrand, Erik. 2015. “The Politics of Regulating Elections in South Korea: The Persistence of Restrictive Campaign Laws.” Pacific Affairs 88 (4): 791–811.CrossRefGoogle Scholar
Mobrand, Erik. 2019. Top-Down Democracy in South Korea. Seattle: University of Washington Press.Google Scholar
Norris, Pippa. 2014. Why Electoral Integrity Matters. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
National Law Information Center, Ministry of Government Legislation, Republic of Korea. 2017. “Public Officials Election Act.” www.law.go.kr/eng/engMain.do. Accessed December 21, 2019.Google Scholar
Park, Chan-Pyo. 1996. “제헌국회 선거법과 한국의 국가형성” [Election Law for the Constitutional National Assembly and the State Formation of Republic of Korea]. 한국정치학회보 [Korean Political Science Review] 29 (3): 69–90.Google Scholar
Park, Kyung Sin, and You, Jong-sung. 2017. “Criminal Prosecutions for Defamation and Insult in South Korea with a Leflarian Study in Election Contexts.” University of Pennsylvania Asian Law Review 12 (3): 463–495.Google Scholar
Rigger, Shelley. 1999. Politics in Taiwan: Voting for Democracy. London: Routledge.Google Scholar
Rowbottom, Jacob. 2012. “Lies, Manipulation and Elections-Controlling False Campaign Statements.” Oxford Journal of Legal Studies 32 (3): 507–535.CrossRefGoogle Scholar
Seo, Bok-Kyung. 2013. “제한적 경쟁의 제도화: 1958년 선거법 체제” [Institutionalization of Limited Competition: The 1958 Election Law System]. In 논쟁으로서의 민주주의 [Democracy as Controversies] edited by Choi, Jang-jip et al. Seoul: Humanitas.Google ScholarPubMed
Shim, Ji-Yeon and Kim, Min-Jeon. 2006. 한국 정치제도의 진화경로: 선거, 정당, 정치자금제도 [Evolutionary Path of South Korea's Political Institutions: Elections, Political Parties, and Political Finances]. Seoul: Baeksanseodang.Google ScholarPubMed
Soma, Masao. 1986. 日本選挙制度史 [The History of Japan's Electoral Rules]. Fukuoka: Kyushu Daigaku Shuppankai.Google Scholar
Song, Seog-Yun. 2005. “선거운동 규제입법의 연원: 1925년 일본 보통선거법의 성립과 한국분단체제에의 유입” [The Origin of the Regulatory Election Campaign Law: Japanese 1925 Election Law and Its Importation into the Division System of Korea]. 서울대학교 법학 [SNU Legal Studies] 46 (4): 28–53.Google Scholar
Tien, Hung-Mao. 1989. The Great Transition: Political and Social Change in the Republic of China. Stanford: Hoover Institution Press.Google Scholar
United Daily News. 1952. “彰化嘉義新竹選市長 今舉行投票” [Changhua Chiayi Hsinchu Mayor Elections. Today Vote]. United Daily News, February 17.Google Scholar
United Daily News. 1954. “省選監會派定委員 即赴縣市監察選務” [The Provincial Electoral Commission Selected the Committee Members, and They Are Going to Supervise the Elections of Counties and Cities] United Daily News, December 10.Google Scholar
United Daily News. 1956a. “玉里選舉官司 判決當選無效” [The Yuli Election Was Convicted Invalid]. United Daily News, May 5.Google Scholar
United Daily News. 1956b. “三處新當選鄉鎮長 被控違法競選 經判當選無效” [Three New Elected Chiefs of Townships (City) Were Accused of Violating Electoral Laws. The Elections Were Convicted Invalid]. United Daily News, July 1.Google Scholar
United Daily News. 1988. “選罷法修正的風向雞” [The Wind Chicken of Revision of Civil Servants Election and Recall Act]. United Daily News, December 5.Google Scholar
United Daily News. 1989a. “政見會頻傳違規 怎可眼開眼閉 選監小組請拿出魄力取締” [There Are Many Violations of the Law in the Politics Presentations. How Can They Be Ignored? The Electoral Supervisors Should Actively Prohibit These Behaviors]. United Daily News, November 20.Google Scholar
United Daily News. 1989b. “新選罷法毛病百出” [The New Public Officials Election and Recall Law Has Many Problems]. United Daily News, December 14.Google Scholar
United Daily News. 1994. “工商三巨頭助選廣告挨批” [Three Big Businessmen's Advertisement Was Criticized]. United Daily News, November 29.Google Scholar
Warm Wave. 1983. 我們對選罷法的共同主張 [Our Common Proposal for Civil Servants Election and Recall Act]. 暖流 [Warm Wave] 2 (5): 38.Google Scholar
Wikipedia. 2018. “Legislative Elections in Taiwan.” https://en.wikipedia.org/wiki/Legislative_elections_in_Taiwan. Accessed December 21, 2019.Google Scholar
Yoo, Hyun Jong (유현종). 2011. “선거운동 규제의 제도적 변화와 지속성: 국회의원 선거운동관련 제도를 중심으로 [The Institutional Change and Continuity of Election Campaign Regulations: A Focus on the Institutions Concerned with the Election Campaign for the National Assembly]. Korean Political Science Review (한국정치학회보) 45 (1): 87–111.Google Scholar
You, Jong-sung. 2015. Democracy, Inequality and Corruption: Korea, Taiwan and the Philippines Compared. Cambridge: Cambridge University Press.CrossRefGoogle Scholar