‘안전한(?) 극단주의’ 정당의 해산은 필요한가?

The problem of anti-democratic ideas and behavior of the far-right (Rechtsextremismus) was thought to be a Western European or American problem. However, in South Korea, the severe anti-democratic and anti-rule-of-law behaviors of the rihgt-wing extremist have been exposed in the process of restoring democracy after December 3 martial law declared by Yoon Suk-yeol and his cronies. Extremism and ultra-rightism are undoubtedly a global phenomenon and the most potent threat to the democratic constitutional order adopted by most countries. A universal problem exhibited by far-rightists in the West as well as in South Korea is anti-pluralism. This is because the way these far-right and extremist groups are gaining support is through appeals to inequality-based (anti)sentiment. They continue to incite and reinforce hatred toward certain groups and minorities. In Western Europe, this has manifested itself as anti-migrant, anti-Muslim, and anti-feminism; in South Korea, it has manifested itself as anti-china, anti-feminism, and the promotion of distrust of democratic systems, particularly the electoral and judicial systems, which are fundamental elements of democracy. This anti-sentiment is easily combined with violence. Of course, there are polarizing forces in any society. The question is whether they are becoming more mainstream, rather than remaining in the minority. Or the minority distorts and sways the will of the majority. South Korea is no different. The far-right behavior of mainstream politicians and leaders of the People Power Party with which Yoon Suk-yeol ran the country until just recently, is a testament to this. In Germany, there have been serious discussions in recent years about banning the far-right ‘Alternative für Deutschland Partei (AfD)’ which is reminiscent of the Nazi party of the past. In South Korea, the ruling party has colluded with the far-right, supporting December 3 Martial law committed by Yun Suk-yeol. There are also growing calls for the dissolution of the Liberty Unification Party, which is closely tied to the People Power Party. The Liberty Unification Party has consistently expressed anti-democratic, anti-pluralistic, and anti-rule-of-law goals and activities. The German Basic Law prohibits unconstitutional political parties, and the Korean Constitution has adopted a party dissolution system. In South Korea, the party dissolution system has a history of being used as a purpose to protect the opposition, so discussions about party dissolution are often cautious. However, if we make it taboo to even discuss whether it is right to tolerate a party that directly tries to abolish the democratic constitutional order and destroy the community, we cannot help but doubt whether the community has the will to uphold democratic constitutionalism. Therefore, this paper considers why ultra-rightism is a problem, whether it is possible to dissolve the party, whether it is beneficial, and what are the better alternatives to defend the democratic constitution.