사법적 공동결정의 결정 과정 분석 : 헌법재판소의 통합진보당 해산 결정(2013헌다1)을 중심으로

We the Korean people are living in the political community that the judicial co-decision making, such as Korean Constitutional Court has been doing for the past 3 decades, governs everything. But the studies of judicial co-decision making are still adhering at the analysis of each justice’s position without paying attention to the need of surveying the concrete process in which each judicial co-decision is made. This article aims to try a very close look and a reorganization of the judicial co-decision making process in the famous case of Dissolution of the Unified Progressive Party(2013Hun-Da1), that the Korean Constitutional Court has sentenced on Dec 19, 2014. Methodologically speaking, the clue of research is to analyse the literal text of this case from the viewpoint of constitutional politics rather than constitutional jurisprudence. Especially, the most important point is that the 9 justices of the Korean Constitutional Court were under the normative condition that they had to reconstruct their original positions into the format of legal syllogism. This article attempts to analyse how each justice and the group of justices had interacted with each other and carried out the strategical choices and negotiations among them. The analysis proceeds in three consecutive steps; before the case filed, the decisions in the process, the final decision-the BLACK BOX.