政黨解散審判에 관한 小考
A study on the compulsory dissolution of political party
김문현
초록
The Korean Constitutional Law has introduced the institution of compulsory dissolution of political party since 1960. According to Article 8 Section 4 of the Constiutional Law, a political party shall be dissolved only when its purposes or activities are contrary to the fundamental democratic order, and only in accordance with the decision of the Constitutional Court. Such institution of compulsory dissolution of a political party is on the one hand an expression of militant democracy, but on the other hand it is an expression of strong guarantee of existence of a political party. This study argues some important issues about sustantial conditions and procedual matters, especially the meaning of the fundamental democratic order. I insist that ‘the fundamental democratic order’ in Article 8 Section 4 is neither the liberal democratic order nor the social democratic order. I argue that it is the core of democratic order.