정당의 자유 제한에 관한 연구*- 헌법 제8조 제1항과 정당설립의 자유를 중심으로 -

This study aims to find a way to normalize party democracy by analyzing the freedom to establish a political party guaranteed by Article 8, Paragraph 1 of the Constitution of the Republic of Korea and the restrictions imposed by the current party law. As a result of the study, it was confirmed that regulations such as the strict requirements for establishing a political party, restrictions on party membership, abolition of the district party, and prohibition of establishing a local political party seriously hindered the freedom of party activities. The current party registration system and cancellation system hinder the growth of alternative parties, thereby strengthening the vested rights of existing parties. The abolition of the district party is a factor that weakens internal democracy by shrinking grassroots democracy and leading to centralized power concentration. The ban on establishing local political parties also deprives local residents of opportunities to reflect their political will, resulting in the problem of further solidifying the structure of both parties with vested interests. For the healthy development of party politics, it is proposed to ease the requirements for party establishment, expand the qualifications of party members, revive the district party, and allow local parties to break down the democratization of the decision-making process within the party and the structure of both parties with vested interests. It is the request of Article 8, Paragraph 1 of the Constitution that political parties collect various political opinions of the people and enable democratic party politics to be realized.