정당해산에 관한 베니스위원회 기준과 그 적용 ― 통합진보당 해산심판청구를 계기로 ―

Abstract

In this article, I aimed at making clear the implications of various guidelines and opinions regarding the prohibition and dissolution of political parties of the Venice Commission and clarifying the unreasonableness of the governmental request seeking dissolution of the Unified Progressive Party(UPP) in terms of the standards presented by the Commission. For this purpose, I analysed three documents of the Commission: ‘Guidelines on prohibition and dissolution of political parties and analogous measures’(2000), ‘Guidelines on Political Party Regulation by OSCE/ODIHR and Venice Commission’(2010), and ‘Opinion on the Constitutional and Legal Provisions relevant to the Prohibition of Political Parties in Turkey’(2009). Through the analysis, I summarized the standards of the Commission regarding dissolution of political parties into five principles: non-dissolution, exceptionality, legality, proportionality and judicial decision by sufficient evidence. And then I demonstrated how and why the complaint for dissolution of the UPP by the Korean government can not be compatible with any of those principles. In conclusion, governmental request for dissolution of the UPP must be not only an extremely anti-democratic measure suffocating the democratic political system based on diversity and pluralism, but also be a naked violence to eliminate every single opposition using every possible means.