Dissolution of the Unified Progressive Party Case in Korea: A Critical Review with Reference to the European Court of Human Rights Case Law

• Author: Jongcheol Kim
• Pages: 139-140

UPP Case 139

X JEAIL 1 (2017)

Jongcheol Kim

∗

This article aims to introduce and critically analyze the jurisprudence and its

application in the UPP case in South Korea with reference to the ECtHR case law.

In this controversial case, the CCK decided to dissolve the UPP and, without any

  

is argued that when the CCK attempted to articulate the principle of proportionality

that the ECtHR case law has firmly developed in this field and to apply it to this

case, standards governing the dissolution of political parties were distorted at least

in two ways. First, it substituted ‘social need’ for “pressing social need.” Second,

it deliberately omitted the requirement of ‘sufficient imminence.’ In addition, the

reasoning of the majority of eight justices based upon the rule of evidence in civil

        

controversial case of constitutional importance.



Progressive Party Case in

Korea: A Critical Review

with Reference to the

European Court of Human

Rights Case Law

∗ Professor at Yonsei University School of Law, Seoul, Korea. LL.B./LL.M. (Seoul Nat’l Univ.), Ph.D. in Law (LSE).

ORCID: http://orcid.org/0000-0001-9731-5751. This article is a fully revised and updated version of the paper

presented at the International Conference held at the University of Hong Kong Centre for Comparative and Public Law

under the title of “Democratization and Constitutional Adjudication in Hong Kong and South Korea: Comparative

Perspectives” on February 12, 2015. Some of main arguments raised in this paper were published in a peper written in

Korean under the title of Is the Constitutional Court the Sovereign Institution? - Dissolution of the Unified Progressive

Party and Constitutional Identity of the Republic of Korea [

헌법재판소는 주권적 수임기관인가?: 대한민국의 헌법적

정체성과 통합진보당 해산결정

] 151 Justice 29-71(2015). This research was supported by

the Ministry of Education and the National Research Foundation of Korea (NRF-2015S1A3A2046920). The author

may be contacted at: jkim386@yonsei.ac.kr / Address: Yonsei University School of Law, 50 Yonseiro, Seodaemungu,

Seoul 03722 Korea.

DOI: http://dx.doi.org/10.14330/jeail.2017.10.1.07