34
In 2013, the NHRCK expressed an opinion that, given that the age with political
judgment ability is becoming younger, and other legislations encourage people older
than 18 to participate in the development of state and society including military
service and public office and, as of 2011, more than 90% of the world has set the
voting age at lower than 18, it is desirable to review lowering voting age stipulated
under the current legislations including the Public Official Election Act.
Question
With many countries setting the voting age at under 18 and actively planning to
further lower the voting age does the Government plan to lower the voting age from
19?
31. Guarantee of Rights to Vote of Prisoners
In the Constitutional Court’s decision, it was ruled that the provision of the Public
Officials Election Act, which entirely and uniformly restricts the right to vote of
persons under probation, is unconstitutional as the provision violates the right to vote,
universal suffrage, and the principle of equality. Accordingly, the right to vote of
persons under probation was acknowledged.
In the same decision, the Constitutional Court ruled that restricting the right to
vote of prisoners who are sentenced to penal servitude or imprisonment without
labor for a limited term, of which execution has not ended, is unconstitutional as it
excessively, entirely and uniformly limits the right to vote. However, the
Constitutional Court decided that since legislators have discretion on sentencing, the
provision applies until it is amended by the legislative until December 31, 2015.