정당설립의 자유와 정당법상 정당등록취소요건

Abstract

Since Protection Clause of Party on the 1960 Constitution was provided, Freedom of Establishment of Party and Plural-Party System has been guaranteed by the Constitution. But on Section 2, Article 7, the 1963 Constitution, after Provision, “the Parties must have the necessary organization”, was created, the new regulations on the Law of Party, Registration Conditions and Registration Cancellation Conditions of Party, has been to tendency of Party State Institution. However, Registration Cancellation Conditions of Party on the Law of Party, in the meantime, have continuously been made numerous amendments by Legislator, and, coming to modern times, the regulations has been strict, and Freedom of Establishment for Local Minority Party was appeared as a result of infringement. Even though Freedom of Establishment of Party and Multi-Party System is guaranteed by the Constitution, to block approach of Minority Party and to implement politics of Two-Party through the Law of Party are significant problems. Of course, although scrambling of independent candidates showed in the Constituent Assembly and the 2nd National Assembly was to the cause of action to tendency of State Institution for the political Parties after the 1963 Constitution, now, the problem of independent lawmakers in the initial National Assembly after liberation does not exist anymore, and consciousness of people's democracy is cultivating. Rather, national expansion for the range of Party is blocking the freedom of political activity for Local Parties. Meanwhile, due to the nationally oriented purpose of Party and Registration Cancellation Conditions of Party on the Law of Party, Local Minor Parties have not guaranteed the freedom of establishment. Freedom of Establishment of Party and Multi-Party System on the Constitution are established in mind to Grassroots Democracy, Minority Parties based on local must be protected. Even if Two-Party System in Presidency can have the ability to provide the effectiveness of politics, Freedom of Establishment of Party and Guarantee of Plural-Party System on Section 1, Article 8 of the Constitution are grounded in Democracy, to realize Bipartisan Politics, Legislator violates Freedom of Establishment of Party and Guarantee of Plural-Party System on Section 1, Article 8 of the Constitution and, rules Registration Cancellation Conditions of Party on the Law of Party, by which approaching of Minority is blocked, and then that is Unconstitutional. Now is on an important time for opinions of Local Minor Parties. The Local is becoming outdated by excessive interference of the Central. The expression coincides with huge Bipartisan politics of Two-Party System should be avoided, and it is considered to be urgent that the diversity of Local Parties for their own voices in their areas should be ensured. The more the voices of Local Parties can be diverse, the more the prudence of politics will be added, which can be made of the agreement by the Central and Local, as a result, it will be effective.