단상斷想

After the impeachment of former President Yoon Seok-yeol, South Korea stands at a critical crossroads where it must hold accountable those who destroyed the constitutional order and trampled on democracy. The People Power Party has not only shown pretense and hypocrisy in its past party politics, but has also directly denied the democratic basic order by instigating insurrection and advocating martial law at the same time. This is more than a simple political mistake; it is an organized challenge to constitutional values. Now, the people demand the dissolution of the People Power Party and express their strong will to restore democracy and realize justice.

The People Power Party supported the state of martial law and condoned or actively supported the closure of the National Assembly and the undermining of the independence of the judiciary. This is a direct denial of the principle that "The Republic of Korea is a democratic republic," as declared in Article 1 of the Constitution, and a clear anti-democratic behavior that infringes on the sovereignty of the people and undermines the constitutional order of the separation of powers. In particular, the attempt to suppress the fundamental rights of the people by mobilizing military power through martial law has left an indelible stain on the history of democracy. The People Power Party, which led or condoned these acts, no longer deserves to exist as a legitimate political force. The People Power Party has been identified as an enemy of democracy.

The Constitutional Court acknowledged the 'right to civil resistance' in the impeachment verdict of former President Yoon Seok-yeol, stating that the National Assembly was able to swiftly pass the resolution demanding the lifting of martial law thanks to the resistance of citizens and the passive performance of duties by the military and police. The 'right to civil resistance' is a right exercised by the people as a last resort to defend the constitutional order in an emergency situation of martial law involving lethal weapons mobilized by the incumbent president, and it was the ultimate natural right response for the protection of the Constitution and the maintenance of democracy. The dissolution of a political party is an extension of the constitutional right to resistance. The actions of the winter of 2024, in which the people set aside their lives and livelihoods to cling to, must not simply end with the resignation of an individual power holder.

Constitutional right of resistance should be applied equally to all forces that threaten democracy, and the demand for dissolution against anti-constitutional parties like the People Power Party is an example of exercising this right of resistance. The People Power Party has attacked the democratic basic order and damaged the constitutional values of freedom and equality. Therefore, their dissolution is not simply political retribution, but an essential measure to defend democracy. We were unable to exercise the people's right of resistance against Syngman Rhee, who was most guilty of plotting to undermine the foundation of the Republic of Korea. That was not the public will, and it was due to the unresolved colonial system resulting from the transplantation of the Japanese military government and the public power of the Japanese military police and Japanese police, established by the US military government, into the Korean police. Therefore, the embodiment of dictatorship, which is still alive today, remains the founding father to some. The People Power Party, as a pro-Japanese, traitorous party that inherited Syngman Rhee's lineage, ultimately sought to make a person who plotted insurrection president and aimed for constitutional amendments and a cabinet system transition to their liking. There is a physical time difference of over a century between Syngman Rhee and the People's Power Party. Our tragic ideological conflict has not only prevented Korean society from moving forward even a single step, but has also led to the decline of the people's consciousness and lifestyle.

We cannot help but feel despair and laughter as we watch the People Power Party members acting shamelessly to become presidential candidates. We can no longer condone the national deception in which those who have committed illegal and unlawful acts together before the impeachment crisis has even been resolved are trying to become presidential candidates as members of the People Power Party. In order to dissolve a political party, according to Article 8, Paragraph 4 of the Constitution and the Constitutional Court Act, if the purpose or activity of the political party violates the democratic basic order, the government may request the Constitutional Court to judge the dissolution of the political party after deliberation by the State Council. According to Article 55 of the Constitutional Court Act, the Minister of Justice must request the Constitutional Court to judge the dissolution of the political party after deliberation by the State Council.

At this time, the bill must specify the symbol of the People Power Party and the specific reasons for violating the democratic basic order (supporting martial law declaration, agreeing to the closure of the National Assembly, advocating infringement of judicial independence, etc.). The violation of the democratic basic order presented in the 2014 dissolution ruling of the Unified Progressive Party (2013Heonda1) must be applied. It is necessary to secure evidence that the People Power Party has attempted to deny parliamentary democracy, undermine the principle of separation of powers, and subvert the basic rights guarantee system. It must be proven that the requirements for emergency martial law under Article 77 of the Constitution were intentionally distorted through warning-like martial law claims (illegal connection between the prosecution, military, and police). Of course, it is a goal that must be achieved because there is more than enough evidence.

We must also consider international standards and historical lessons. To prevent the resurgence of Nazism, Germany introduced the principle of "defensive democracy," allowing it to legally dissolve parties and organizations that threaten democracy. This principle can also be applied to South Korea. The People Power Party's attack on the democratic system through incitement to insurrection and support for martial law is essentially the same as violating the free democratic basic order stipulated in Article 21, Paragraph 2 of the German Basic Law. We must learn from the German example. Democracy must be able to defend itself, and removing anti-democratic forces is an inevitable choice for this purpose.

Now is the time for the impeachment to end and civil society to step up. The dissolution of the People Power Party is not simply the responsibility of the government or the court. It can only be realized when it is supported by the strong will of civil society. Already, more than 270,000 citizens have joined the petition demanding the dissolution of the People Power Party, and rallies calling for dissolution are being held across the country. Now, more citizens need to take action. We need to continue to raise our voices through rallies on Fridays for the dissolution of the People Power Party, and efforts to inform the international community of their anti-democratic behavior are needed.

Now, let's reclaim democracy with the power of the people. The dissolution of the People Power Party is the first step towards restoring democracy in the Republic of Korea and the first attempt to restore history. Their existence is not simply a wrong choice of the past, but a potential risk factor that continues to threaten our society in the present and future. Now we will no longer be silent. We must hold accountable those who have trampled on national sovereignty and destroyed the Constitution. The Republic of Korea is a democratic republic, and no one has the right to deny it. To reclaim a country where the people are the masters, we will fight to the end. The dissolution of the People Power Party is not an option, but a necessity!