대표성‑정당성 연동(RLC) 이론에 기반한 대통령 선거범죄 자동직상실 모델: 헌법적 정당성과 입법·정책 로드맵

This work proposes the Representative–Legitimacy Coupling (RLC) framework for the instant forfeiture of presidential office upon final conviction of an electoral crime. RLC theory posits that electoral representation and constitutional legitimacy are functionally inseparable; once a Supreme Court judgment nullifies the authenticity of the vote, presidential legitimacy collapses simultaneously, creating a “representation‑zero” state. To operationalise this principle, the article designs a Dual‑Trigger mechanism that, first, declares vacancy at midnight on the day of final judgment and, second, obliges the National Assembly to vote on impeachment within thirty days, with the Constitutional Court deciding removal within sixty. The study integrates doctrinal analysis of Korean constitutional and statutory provisions with comparative evidence from Brazil’s Ficha Limpa law, Germany’s and Japan’s automatic seat‑loss regimes, and U.S. federal impeachment practice. A matrix of forty‑two Korean cases (1990–2024) and system‑dynamics simulations quantify governance and market risks under varied parliamentary configurations. The article concludes with a phased legislative roadmap—pilot deadline, sunset review, full automatic‑vacancy clause—supported by risk‑mitigation layers such as prosecutorial oversight, acting‑presidency safeguards, and ex‑ante constitutional review. The proposed model offers a balanced, globally informed blueprint for aligning popular‑sovereignty principles with executive accountability and governmental continuity.