JEAIL > Volume 10(1); 2017 > Notes & Comments
Research Paper
Published online: May 30, 2017

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

Jongcheol Kim
Yonsei University School of Law, 50 Yonseiro, Seodaemungu, Seoul 03722 Korea.
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


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 basis in positive law, disqualify five National Assembly members affiliated with it. It 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 proceedings can also be criticized for being too abrupt to be justified in this highly controversial case of constitutional importance.

Keywords : Dissolution of Political Party, United Progressive Party, Constitutional Court of Korea, ECtHR, Democratic Basic Order

View the Full Text