헌법과 당내민주주의

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.