현행 정당해산심판절차의 문제점과 개선방향

The Constitutional Court has the jurisdiction over matters of dissolution of political parties for the purpose of protecting fundamental democratic order and preventing arbitrary dissolution of political parties by the government. With respect to this, the following issues should be reviewed to aid the implementation thereof. Currently, the Constitution, the Constitutional Court Act and the Civil Procedures Act will be applied to adjudicate cases of dissolution of political parties. However, if considering the constitutional aspect involving in protection of political parties, the Criminal Procedures Act rather than the Civil Procedures Act should be applied. A decision on dissolution of political party should contemplate the future; the political party concerned should not be deemed to be an unconstitutional entity retroactively, but upon rendering such decision. The legal grounds to dissolve political parties should be strictly and narrowly interpreted in light of the Criminal Procedures Act. Lastly, despite the Article 60 of the Constitutional Court Act, the Constitutional Court, rather than the National Election Commission, should be the governmental body to enforce the decision on dissolution of political party, and the Constitutional Court should also decide on wether a new political party is a subsitute political party of a dissolved political party. However, its members elected to the National Assembly should not be removed from their offices in accordance with the interpretation of the relevant laws.