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헌법과 당내민주주의 : The Constitution and In-Party Democracy
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- Authors
- Issue Date
- 2001
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.42 No.1, pp. 1-22
- Keywords
- 공천효력정지가처분 ; 국회의원 공천 ; 당헌․당규의 헌법적 효력 ; 정당조항(제8조)
- Abstract
- In-party democracy has long been one of the persisting albeit dormant
topics for political reforms in Korea. Political parties in Korea are usually a
boss-dominating entity with his followers as party members. For the first time
in Korea the validity of nomination granted by the party boss to a
parliamentary aspirant in a constituency, a prevailing party practice, was put to
test in a civil court trial, although it was in its form a temporary injunction
case. The district court awarded the plaintiff a temporary relief that was
sought after on the grounds that the nomination was firstly against the
Constitutional provision (Article 8 Section 2) and Political Parties Act
provision (Article 29) for in-party democracy and secondly against the regular
constituency parliamentary nomination process and rules which the party's own
charter and regulations provided (Seoul District Court's Nambu Branch Court
Decision of March 24, 2000, 2000 Kahap 489). In the case, the nominated
was not even a registered party member during the announced period of time
when aspirants running for constituency party nomination were required to file
their intention at the party.
What if a constituency party nomination was granted by the party boss to a
registered party member in disregard of recommendation made by the
constituency party according to the rules on nomination process provided by
the Party charter and regulations? The Party charter and regulations are so
provided as to endorse the kind of constituency nomination made on the top.
- ISSN
- 1598-222X
- Language
- Korean
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