헌법상 정당조항의 변천

Abstract

Recently, news are filled with issues of political parties. Since Party Clauses were introduced in the 1960 Constitution, opinions are divided into a variety of events, from the problems of Requirements to cancel political parties on the Party Law that increases the barriers to entry of minority parties, to the claims of Dissolution of political parties to request for trial. At this point, it is necessary that we should consider, as a whole, the fact that Party Clauses of Article 8 of the present Constitution is defined for what. The same Article is ruled as follow: on Section 1, the freedom of establishment of political parties and the guarantee of political pluralism; on Section 2, the democracy and the necessary organization of the party; on Section 3, the protection and subsidies of the state for political parties; and on Section 4, the dissolution clause of an anti-democratic political party. By the way, at the first time, when these Party Clauses are prescribed on the 1960 Constitution, it was not defined in the Introduction as the current Constitution but together regulated in Article 13 in the provisions on freedom of expression in Chapter of rights and duties of citizens, and it is principle for political parties to protect of the nation, just placed the exceptional Party Dissolution Clauses. These points present the question of whether there is a difference in the meaning of provisions of the party in the 1960 Constitution and the current Constitution. In addition, it is specified as “the ‘free’ democratic basic order” in the preamble and Article 4 of the current Constitution, but in the 1960 Constitution, the provisions of “the ‘free’ democratic basic order” is not seen anywhere, which it is to apply a question of interpretation of the meaning that Article 8, political parties clause of the current Constitution, stipulates in the same way as “the democratic basic order” in political parties clauses of the 1960 Constitution. And, in Party Clauses of the 1960 Constitution, it was defined as unary, there are questions why is defined separately from Section 1 to 4. More and more, Countries after World War II, as a reflection against Nazi Party earlier, Fascist Party, the Communist Party of the Soviet Union, was setting up to provisions of the Constitution on the political parties since the mid-1940 Constitution, there are questions why was not so defined as this Party Clauses at the Constituent Constitution, but was defined the 1960 Constitution. In addition, in the 1960 Constitution, it was not to enforce the political party law, but in the Constitution since 1963, has been establishing a political party law. Although it is overall looked to see Party Clauses due to the recent issue of dissolution of political party, but these points raise the need to study in more detail what is meaning in our constitutional history, and led to study the transition process of Party Clauses on the Constitution of South Korea.