정당 설립의 자유의 제한과 한계 - 「정당법」상의 ‘전국 정당 조항’에 대한 위헌 심판 결정을 중심으로 -

The Constitutional Court has previously ruled that this is constitutional, but it is difficult to accept the majority view of the Constitutional Court, and the above provisions do not recognize the legitimacy of the legislative purpose, appropriateness of the means, minimal infringement, and balance of legal interests, as seen above. Therefore, it violates the principle of prohibition of excess, which is the standard for reviewing unconstitutionality. In other words, the people's freedom to establish political parties is being violated. In terms of the freedom of establishment of political parties and the interpretation of the plural party system, there is no legislative reason to prohibit the establishment of local political parties. This is true even when examined comparatively. In order to form and reflect the people's political will in a variety of ways, a path must be opened for the free emergence of new political parties, and one way to do this is to legally allow regional political parties to be established and engage in political activities. It is done. In terms of legislation, the provisions on the location of the central party's capital in Article 3 of the Political Parties Act, the provision on five or more statutory city/provincial parties in Article 17, and the statutory number of city/provincial party members in Article 18 must be deleted or revised.