정당 내부 질서의 법적 규제 = The Legal Regulation of the Political Party's Internal Structure

다국어 초록 (Multilingual Abstract)

Democracy is built on the principle of competition. So meaningful elections can only take place when voters are given a choice between policies, programs, and candidates. Political parties provide this choice by aggregating interests, nominating candidates, mobilizing the electorate, managing campaigns, and organizing the government. Parties out of power play an equally important role. They keep the ruling party honest by scrutinizing its policies, auditing its behavior, demanding transparency, insisting on accountability, and advancing an alternative agenda, all in the interest of responsible party government.
To fulfill these functions, the political parties must have democratic internal structures as well as democratic goals and activities. Viewed in this light, we should regulate parties that have undemocratic internal structures. But considering the value of party’s autonomy and pluralistic party system, there is a limit in imposing on political parties a legal duty to democratize their internal structures. Therefore, we must interpret democracy narrowly with regard to the political party's internal democracy. Particularly in cases of party dissolution, the courts should demand on parties only the cores of internal democracy, such as equal voting rights and free speech for members of party, open and periodical elections for party leaders, Party's administration in a transparent way.

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