본문 바로가기
  • Home

Theoretical Approach to Dissolution of The United Progressive Party : Based on Militant Democracy

  • The Journal of Northeast Asia Research
  • Abbr : NEA
  • 2015, 30(2), pp.63-91
  • DOI : 10.18013/jnar.2015.30.2.003
  • Publisher : The Institute for Northeast Asia Research
  • Research Area : Social Science > Political Science > International Politics > International Relations / Cooperation

Han, Sangik 1 김진영 2

1국민대학교
2민주정책연구원, 가톨릭대학교

Accredited

ABSTRACT

On December 19, 2014, the Constitutional Court of South Korea, broke up the United Progressive Party based on militant democracy. Militant democracy suggest that principles and fundamental rights of democracy need to be withheld or constrained in order to protect democracy and the core means among these kinds of system is a institution of party dissolution. Some countries dissolve a parties to exercise a substantial violence or threaten democracy directly. In this case, it can be called as a ‘passive and ex post militant democracy.’ On the contrary, some countries include the goals and mission statement of party as dissolution criteria. In this case, such militant democracy is active and ex ante. The Constitutional Court of Korea had been relatively ex post and passive about party regulations. But in this case, it regarded the goals and mission statements of the party as a potential threat to Korean democracy although there are no obvious and urgent violence or behavior. The dissolution decree was very ex ante and active. This means that there had been a change in the position of the Constitutional Court of Korea, which had regarded a political party dissolution system as protecting means of them. The reasons of that change are Korean’s growing sense of crisis against North Korea. Since the 2008, North Korea–South Korea relations has changed from cooperative to conflict. As a result, Koreans regarded North Korea as the enemy has increased. But The United Progressive Party is friendly to North Korea, sometimes gave the impression that obedience to North Korea. Eventually, active and ex ante militant democracy against the North Korean was able to dissolve the United Progressive Party.

Citation status

* References for papers published after 2022 are currently being built.