위성정당의 헌법적 문제와 해결 방안

This article aims to analyze the phenomenon of satellite parties that repeatedly emerged in the 21st and 22nd National Assembly elections in 2020 and 2024 from a constitutional perspective, and to explore the grounds for their unconstitutionality as well as directions for institutional reform. First, the concept and process of satellite parties were reviewed, and then the unconstitutionality of satellite parties was analyzed in light of the constitutional function and legislative purpose of the party system stipulated in Article 8 (1) and (2) of the Constitution. As a result, satellite parties were evaluated to have violated the nature of the multi-party system with mutual competition and mutual checks at the core of the horizontal relationship between political parties and failed to meet the requirements of political parties as a democratic organization participating in the formation of political opinions of the people. It was also revealed that satellite parties had a significant negative impact on the overall constitutional order by distorting the principle of free delegation and violating the principle of a democratic republic. Accordingly, this article proposes institutional reforms aimed at the prior prohibition of satellite parties, while also suggesting improvements to the party registration system that could prevent excessive restrictions on the freedom to establish political parties, and at the same time safeguard political minorities and smaller parties. This discussion seeks to contribute academically and practically to the sound development of party democracy and pluralistic representative democracy.