Constitutional Court Dismisses Justice Party's Constitutional Petition to Cancel Registration of Satellite Parties for General Election

The Justice Party filed a constitutional complaint requesting the cancellation of the party registration of the Future Korea Party, a satellite party of the United Future Party (now the People Power Party) during the 2020 general election, but the Constitutional Court did not accept it.

On April 15, 2020, Won Yu-cheol, leader of the Mirae Korea Party (from the left), Hwang Kyo-ahn, leader of the United Future Party, and Shim Jae-chul, floor leader of the United Future Party, are seen with serious expressions while watching the exit poll results of the 21st general election at the National Assembly Library auditorium. Photo by Yoon Dong-joo doso7@

According to the legal community on the 24th, the Constitutional Court unanimously dismissed the Justice Party's constitutional complaint to cancel the central party registration of the Future Korea Party the day before. The court held that since the Justice Party did not raise issues regarding the Public Official Election Act or the Political Funds Act, it could not be considered a party whose fundamental rights were infringed, which is a legal subject of the constitutional complaint.

The Constitutional Court explained, "The party registration system is intended to clearly define the legal relationship between political parties and other political organizations," and "When a preparatory committee for founding a party meets the requirements under the Political Parties Act and applies for party registration, the National Election Commission must accept it."

It added, "The 'unfair competition in elections' or 'disadvantages such as party subsidies' claimed by the Justice Party are determined by separate legal provisions, such as the Public Official Election Act provisions on the allocation of National Assembly seats or the Political Funds Act provisions on party subsidies," and "It is difficult to view these as direct legal effects arising from the acceptance of party registration."

The mixed-member proportional representation system applied to the proportional representation party vote in the general election is a system that determines the number of National Assembly seats according to the party's vote share. It was first implemented in the 2020 general election to eliminate the malpractice of major parties monopolizing far more National Assembly seats than their vote share.

However, criticism arose that the original purpose was distorted when the two major parties, the Democratic Party of Korea and the United Future Party, each created satellite parties, the Democratic Citizens Party and the Future Korea Party, respectively. They used a trick by sending some lawmakers to the satellite parties to transfer the major parties' support rates as they were. After the general election, the Democratic Party of Korea and the United Future Party merged with their respective satellite parties.

The Justice Party filed a constitutional complaint in February 2020, arguing that the Future Korea Party lacked substantial party status, yet the National Election Commission accepted its party registration, causing them disadvantages in election competition and subsidy reception.

On the day, Kim Heeseo, the Justice Party's chief spokesperson, expressed strong regret regarding the Constitutional Court's dismissal decision at a press conference in the National Assembly communication office, stating, "The Constitutional Court, which should be a stern judge upholding the constitution, dragged the matter on for three years and ultimately failed to punish the unconstitutional acts of the entrenched parties."

Spokesperson Kim added, "Proportional satellite parties have destroyed party politics themselves, mocked democracy, and deceived voters," and "In the 2024 general election, through political reforms including banning satellite parties that can faithfully reflect public opinion, we must definitely wash away the disgrace of the 21st general election."

On March 3, 2020, Sim Sang-jung, then leader of the Justice Party, and affiliated lawmakers made a statement condemning the Future Korea Party's speech in front of the National Assembly plenary hall.

This content was produced with the assistance of AI translation services.