Constitutional Court of Korea

Apolitical party exercises great influences on people to form political will and intention. If its objectives and activities run counter to the basic order of democracy specified in the Constitution, the political party should be dissolved. This jurisdiction is assigned to the Constitutional Court to protect the Constitution as well as protect political parties from arbitrary decisions of the Executive.

Request of Adjudication

The Executive may file for adjudication on dissolution of a political party upon deliberation of the State Council, when it believes the objectives or activities of a political party run against the basic order of a democratic society. The written request for adjudication on dissolution of a political party including the political party requested to be dissolved and grounds of the request, should be sent to the Constitutional Court.
When such request is made, the Court shall notify the National Assembly and the National Election Commission of the request and deliver the copy of the request to the respondent.

Effect of Decision

When such request is found to have grounds and is upheld, the Constitutional Court renders a decision ordering the party concerned be dissolved. The decision is not only meant for confirmation, but has formative force. The Constitutional Court shall serve an authentic copy of the written decision to the claimant and respondent and a duplicate to the National Assembly and National Election Commission. The decision to dissolve the party is executed by the National Election Commission according to the political party Act.
The Commission must eliminate registration of the Political Party and announce it to the public immediately. The assets of the dissolved political party are reverted to the National Treasury. It is prohibited to make a party that has similar principles of the dissolved party, or a substitute party, and no political party is permitted to use the name of the dissolved political party.