위성정당에 관한 헌법적 고찰

Abstract

With the emergence of satellite parties, the current electoral system named quasi mixed-member proportional representation is in effect performing the same function as a parallel electoral system. Satellite parties, which are considered a kind of "rational choice" by large parties, can be said to be an external force for existing parties in the election process and parliamentary activities. As a result, questions of illegality and unconstitutionality against them continue to be raised. In the current legal system related to political parties, satellite parties cause a conflict between the freedom to establish political parties and the constitutional obligation of political parties. Satellite parties are located on the border (periphery) of the protected area of ​​the freedom to establish political parties, but can be seen as being in a kind of normative blind spot. The judgment on the existence of satellite parties seems to be somewhat damaging to the freedom to establish political parties and the institutional guarantee of the plural party system. However, if we place importance on the essential elements of the party system and the proportional representation electoral system, it is considered that if a party clearly matches the concept of a satellite party, it can be refused registration. It is necessary to establish direct and indirect regulatory measures to suppress the emergence of satellite parties. One possible measure is to require political parties of a certain size to recommend district candidates and proportional representation candidates as well, and if they do not, not to give them a nationally unified party symbol or to limit the payment of election subsidies. Furthermore, for the development of party politics, it is necessary to strengthen the requirements for parties to submit lists of proportional representation candidates for the National Assembly. By making it a requirement that when a party recommends proportional representation candidates for the National Assembly, it must follow the democratic procedures set out in the party constitution or rules, which must be submitted to the Central Election Commission one year before the election, this will effectively require the party to continue its activities as a political party for more than one year. Instead of satellite parties, list alliances (apparentment) can be an alternative when an electoral alliance between parties is necessary. More fundamentally, the current electoral system for the National Assembly should be changed into a new system that does not require satellite parties. For the development of electoral democracy and party politics, it is necessary to move into such alternatives as mixed-member proportional representation system or a full (pure) proportional representation system or return to the previous parallel electoral system (mixed-member majoritarian system), assuming an increase in the number of seats of proportional representation and the total number of the Assembly seats.