Political Parties

Political parties in Korea have developed in conjunction with the democratization and diversification of society. They are an essential ingredient of the modern democratic political system. The Constitution of the Republic of Korea, in Article 8, defines the important role and function political parties play in the Republic: "Political parties may be organized freely and multiple parties shall be allowed. The objectives, organization and activities of a political party shall be democratic. Political parties shall have an organization conducive to participating in the process of forming the people's political opinions."

The Constitution also declares that "political parties shall be protected by the government according to the provisions of relevant laws." The most important law enacted by the constitutional mandate is the Political Party Law. Directly quoting the definition of a political party from the Constitution, the law states that by virtue of being protected in its activities and organizational process, the political parties shall contribute to the development of sound democratic politics. This provision stresses freedom of political activities.

The law further says that a political party is an entity organized by the spontaneous action of the people with a purpose to express their political opinions. According to the law, the political parties may achieve their objectives by presenting responsible opinions and policies and by supporting certain candidates in public elections for the benefit of the people. Thus, a political party is a private organization that deals with matters of public interest. The law also elaborates on the rules for establishing and maintaining the political parties and requirements for democratic organization and operation. As of January 2005, there were five political parties that have seats in the National Assembly-the Uri Party, the Grand National Party, the Democratic Labor Party, the Millennium Democratic Party and the United Liberal Democrats.


Activities of Political Parties

Modern political parties based on democratic principles were first introduced to Korea only after it was liberated from the Japanese colonial government in 1945. Initially, there were Hanmindang, Handok-dang and numerous other parties which were little more than small groups of relatives, acquaintances, schoolmates and townsfolk. The Liberal Party, founded in 1951, was the first to establish a nationwide organization. The Democratic Party, the Democratic Republican Party (DRP) and the New Democratic Party (NDP) appeared later, and like the Liberal Party, it also organized local branches around the country.

Korean political parties opposing government parties were subject to constant persecution by successive military governments. The first one came into power in a coup d'etat in 1961, led by General Park Chung-hee. Under military rule, party politics existed only in name. Typical of the government's abuse was the dissolution of political parties by Park Chung-hee in 1961 and the banning of political activities imposed on party members by General Chun Doo-hwan in 1980.

Korean political parties have largely been organized around a particular leader instead of a party platform or policies. Since each party revolves around a political boss, political parties were not able to represent all sectors of society despite their claims to the contrary.

The 1987 constitutional amendment was a milestone in the history of Korean democracy in that it reinstated the principle of direct, popular election of the President for the first time in 20 years. Many politically minded people created political parties under this restored democratic system.

In October 1987, Roh Tae-woo, a former Army general, of the Democratic Justice Party (DJP) was elected President by winning 36.6 percent of the votes. His election was attributed to the fact that the opposition camp failed to put up a single candidate in a unified fashion. Other candidates in the election were Kim Young-sam of the Unified Democratic Party (UDP), Kim Dae-jung of the Democratic Party for Peace, Kim Jong-pil of the New Democratic Republican Party (NDRP), and others from splinter parties. The Korean people who had just recovered their political freedom foresaw the possibility of a genuine change of governmental power looming in the not-too-distant future.

In the 13th-term National Assembly elections that were held in April 1988, the ruling DJP managed to win only 125 of the 299 seats. Seventy-one seats went to the opposition Democratic Party for Peace, 60 to the UDP, 35 to the NDRP, and eight to independents. For the first time in the history of the Republic, a government party failed to obtain a majority of seats in the legislature.

Because of its minority status in the National Assembly, the government had a hard time in pushing its agenda. But the government's difficulties did not last long as the governing DJP merged with the opposition parties UDP and NDRP in January 1990. The giant coalition, comprising two-thirds of the total membership, called itself the Democratic Liberal Party (DLP). Some UDP lawmakers protested the merger and formed the Democratic Party (DP).

In 1991, politicians were moving fast in preparation for the 14th-term National Assembly elections scheduled for January the next year. Faced with the prospect of a showdown with the ruling coalition, the opposition New Democratic Alliance Party headed by Kim Dae-jung merged with the Democratic Party led by Lee Ki-taek. They actively sought the support of various civic groups.

However, the opposition was dealt a devastating defeat by the ruling coalition in the local autonomy-unit elections held in March and June 1995. This was the first time such local elections were held since 1961 when they were abolished by Park Chung-hee.

In early 1992, Chung Ju-yung, founder of the Hyundai conglomerate and his allies, created the Unified People's Party (UPP), a centrist reform party. The UPP lost in the December presidential election, but won 31 seats in the National Assembly election in March of the same year, a decent performance for a party only a few months old. In the 14th-term parliamentary elections, the ruling coalition of the DLP ended up falling one seat short from a simple majority. This was a substantial setback for the government party which had boasted a two-thirds majority. The major opposition Democratic Party won in 97 districts. In the December election, Kim Young-sam was elected President by winning 42 percent of the popular vote.

In May 1995, the United Liberal Democrats (ULD) was organized by Kim Jong-pil who had broken away from the DLP. In the local autonomy elections in June of the same year, the ruling DLP suffered a major defeat. Of the 15 provincial and metropolitan gubernatorial elections, the government party wound up winning only five seats. The opposition took eight and the remaining two went to independents. In the si, gun and gu district elections held in 230 electoral districts, the government party won only 70 seats, compared with the opposition's 107 seats. Independent candidates took 53 seats. In this election, each of the major parties won in only certain regions, deepening worries about provincialism.

In the 15th-term National Assembly elections of 1996, Kim Dae-jung's National Congress for New Politics (NCNP) won 79 of the 299 seats. The NCNP had hoped to win a majority based on the excellent performance of the opposition camp in the local elections held just months before, even though it had to break away from the Democratic Party prior to the elections. The ruling New Korea Party (NKP) won 139 seats, the ULD took 50, the Democrats got 15, and the remaining 16 seats went to independents. What worried the opposition camp particularly was that they failed to take a majority of the Seoul and Gyeonggi-do seats for the first time in the history of parliamentary elections. The ruling NKP took 54 of the 95 Seoul and Gyeonggi-do seats.

The NCNP was concerned about the results of the election because it had mobilized all its resources to win in the central metropolitan region in preparation for the 1997 presidential election.

As for the ideologies of Korean political parties, few were progressive or socialist in ideological orientation. The Progressive Party of the 1950s was probably the only one that advocated radical social change based on socialist ideas. It was subsequently repressed by the government in power. With the expansion of political freedoms during the 1980's, the People's Party and the Party of the People was established in 1988 and 1990, respectively, but folded soon thereafter due to the lack of support from the general public. In November 1997, the Constructive People's Victory 21 was created, but fizzled out after dismal performances in the 1997 presidential and 1998 local elections.

The year 1997 saw another milestone in Korean party politics as there was a genuine transfer of power between a ruling and an opposition party for the first time in the 50 year history of the Republic. In the national election, Kim Dae-jung of the opposition NCNP was elected President by winning 40.3 percent of the votes, 1.6 percent over the ruling GNP's Lee Hoi-chang. President Kim was inaugurated on February 25, 1998. Five years later in December 2002, Roh Moo-hyun of the ruling Millennium Democratic Party won the presidential election with the support of 40.9 percent of voters, 2.6 percentage points over the opposition candidate, Lee Hoi-chang.

In the 17th National Assembly elections held in April 2004, the Uri Party won 152 seats among 299 seats in total while Grand National Party (GNP) took 121, Democratic Labor Party (DLP) 10, Millennium Democratic Party (MDP) 9, United Liberal Democrats (ULD) 4, and independent 3, respectively.


Political Party System

The Constitution guarantees the freedom to establish political parties and the multi-party system. The purpose, organization and activities of all political parties shall be in line with democratic principles. Also, political parties should be structured so as to enhance citizen participation in the formation of political opinions. The Constitution also guarantees the democratic organization and activities of the political parties so that they will, in turn, contribute to the sound development of democracy. The State shall protect and promote political parties and provide financial assistance necessary for the management of duly accredited political parties.

Composition: Political parties shall be composed of the central party and district chapters.

Establishment: A political party shall be established when and if its central party fulfills all the legal provisions pertaining to its district chapters and when it is formally registered with the National Election Commission. For a political party to become a valid entity, the number of its district parties should be equal or more than 1/10 of the total number of electoral districts of the National Assembly. The district parties shall be set up in at least five different metropolitan areas (si and do), including the capital city. No one metropolitan city or province may have more than 1/4 of the total district parties.

A district party shall have thirty or more party members who reside in the area concerned. The formation of a district party shall be approved by the central party or the preparatory committee for formation of a central party.

Dissolution of political parties: Since the Constitution guarantees the freedom to establish political parties, it is natural that political parties may be dissolved voluntarily by resolution of its representative organs.

If the objectives and activities of a political party do not fulfill the basic democratic order, the State may institute a lawsuit to dissolve the political party concerned. The political party shall be dissolved upon an injunction by the Constitutional Court.

When a political party dose not satisfy the legal requirements for formation, its registration shall be revoked.

Rights and Obligations of Party Members: A party member shall have the elective franchise and eligibility for election in connection with recommendations of party candidates for public office and organization of the party including designation of party representative. A party member shall be liable to pay the party membership fees and to observe the party constitution.


Political Funds System

The purpose of the Political Funds Act is to contribute to the sound development of democracy and to create an atmosphere conducive to clean politics by guaranteeing an optimum supply of political funds to parties. Parties are required to secure the transparency of political funds by publicly disclosing their receipts and disbursements.

No person may contribute to or receive any political funds except in compliance with the Political Funds Act. Political funds shall be disbursed only as expenses for political activities.

Political funds refers to money or securities used for various political activities. The sources of such funds include party membership fees, support funds, deposits, subsidies, money raised by supporter's associations through fund drives and other incidental income gained according to the party constitution and party regulations.

Party Membership Fee: A political party is an organization established voluntarily by those who support an idea or purpose. Therefore, the political party may collect party membership fees to pay operating expenses of the party.

Support Funds: The central party, each of the si/do branch offices and district parties of a political party, members of the National Assembly or a person who runs for the election to the National Assembly is entitled to have one support association.

Deposit Money: Any individual, corporate body or organization desiring to contribute political funds to a political party, shall deposit such funds under that individual's, corporate body's or organization's name to the EC (Election Commission) concerned. The NEC (National Election Commission) shall distribute the deposited political funds among the political parties, according to the allocation ratio of state subsidy at the time of deposit.

Subsidies: The state provides subsidies to political parties so that they will be financially stable. This will foster and protect political parties and prevent corruption. Subsidies are divided into funds for operation of the political party and funds related to the election. The subsidy for operation of a political party is equally divided into four quarterly shares each year and paid to political parties. The subsidy related to the election is paid within two days after the closing of a candidate's registration.

Calculation of Subsidies: Subsidies for Operation of Political Party: The State shall appropriate each year subsidies for political parties, and the amount will be determined by multiplying by 800 won to the total number of electors in the general election most recently held.

Subsidies Related to Election: In a Presidential election, the general elections for the National Assembly, or the election for the local council members or heads of the local government, the relevant subsidy, for each election, shall be determined by multiplying 800 won to the total number of electors.


Financial Reports

Those who are responsible for the accounts of the central party, si/do branches, district parties and supporter's associations of each political party, and those of the National Assembly members or candidates for the National Assembly members shall report to the competent EC the details of the assets status and receipts and disbursement of the political funds between the year-end and February 15 of the following year.

The election commission that receives the report shall publish a copy of the report. The EC shall keep copies of the report in such manner that anyone may inspect them for three months after the notification of the report. If there are objections, the commission concerned shall look into it.


National Election Commission

The National Election Commission is an independent constitutional agency established for the purpose of managing fair elections and referenda, and administering affairs related to political parties and political funds.


History of the Election Commission

The democratic electoral system, giving every qualified voter an equal opportunity to cast a direct, secret ballot, was first introduced in Korea in the Constitutional Assembly election on May 10, 1948. The Election Commission was established about this time. But due to systematic limitations, independence and fairness of the commission could not be maintained. Therefore, the National Election Commission was re-established as an independent constitutional agency on January 21, 1963 (The 3rd republic), following the Fifth Constitutional Amendment (on December 26, 1962).

The Election Commission (hereinafter referred to as ECs) was inaugurated as a result of lessons learned from history. In spite of the difficulties in maintaining a fair and equitable system, the commission has stringently managed legal election campaigns, voting and ballot-counting. Moreover, the election watchdog exerted great efforts toward developing various publicity media for the purpose of providing information on election procedures.

Excessive competition and corrupt activities were prevalent during the 13th Direct Presidential Election, the 13th Election of National Assembly members and several re-elections and by-elections in 1987. Accordingly, in order to ensure lawful elections in the future, the EC established a strong framework to uncover and then stamp out election law violations.

Clean, fair elections, above all, require high public awareness both during the election and in normal, non-election years. Therefore, the EC pursues various publicity projects by expanding the scope of promotional activities. These activities target the general public, and include diverse campaigns and briefings for schools and organizations, in addition to utilization of print media.

An integrated law on the election of public offices and prevention of illicit electioneering was enacted in March 1996. Under this law aimed at realizing "clean and fair elections, which are economical as well," the election commission worked hard to prevent and control violations of election laws, and to investigate and regulate expenses of election campaigns. In addition, the commission is also developing and studying various public relations strategies as a part of the effort to enhance public awareness of elections and citizens' sovereign rights.

The election commission has also devoted a great deal of its resources to the fair elections campaign in conjunction with civic and social groups.

To respond to rapid changes in the 21st century's digital age and to prepare for cyber elections, the commission is actively pursuing computerization of all affairs related to elections.


Composition of Organization

Structure: The Election Commission is a four-tier structure consisting of the National Election Commission (hereinafter referred to as "NEC") at the top and local commissions at si/do, gun/gu, and eup/myeon/dong levels.

Composition: The National Election Commission is composed of nine members (three members appointed by the President, three members elected by the National Assembly, and three members nominated by the Chief Justice of the Supreme Court). All commission members shall be neutral. The chairperson is elected from among members of the National Election Commission. By custom, the Justice of the Supreme Court is elected chairperson.


Duties of the Election Commission

Management of Elections for Public Offices: The ECs are mandated by the Public Offices Election Act to oversee and manage all national and local elections, including presidential election, election of National Assembly members, elections of heads of local governments, and elections of local council members.

Promoting Clean Elections: The ECs engage in various promotional activities in order to ensure that an environment is created for the conducting of fair and clean elections. Through various mass media, the Commissions launch campaigns and promotional programs so that political parties and candidates abide by the election laws and engage in fair election campaigns that focus on political agendas and platforms, and so that voters can actively participate in the voting and oversee elections in order to prevent violations of election laws.

The Commissions are cooperating with various civic and social groups to create an atmosphere conducive to clean and fair election campaigns. The Commissions are also providing various support so that citizens can voluntarily take part in a fair election process.

Prevention, Oversight and Control of Election Law Violations: To ensure fair competition or all parties and candidates in the election process and to enable the election to take place fairly, according to appropriate procedures, the Commissions strictly oversee the process and prevent pre-campaigning and other activities that may compromise the fairness of the election.

Oversight and Deterrence squads operate at each level of the Commissions. In addition, election rules violation surveillance teams comprising a maximum of 50 persons are set up in each gu, si and gun Commissions during elections.

Political parties or candidates found violating election laws will receive a fine, and a warning, or will be ordered either to halt or to correct their activities. If the warning or injunction is not heeded, the party in violation will be prosecuted, or the case will be turned over to the investigative agency.

The EC may utilize their right to investigate election crimes or to conduct investigations of offenses violating election laws.

Where there is suspicion of election irregularity, the EC commissioners or officers may gain access to the premises in order to investigate, ask questions and request submission of necessary materials. Members of the Commissions have the authority to collect evidence at any time when such inducements as money or goods, or entertainment or meals were offered or exchanged. The Commissions may ask suspects to appear for questioning or may summon those who are assumed to be involved in election irregularities, such as the offering of money, goods, or entertainment to voters.

The ECs may exercise their right to request for a ruling in lodging a complaint regarding the offer of money and goods, publication of false information, unlawful election campaigning and unlawful disbursement of election funds.

Determination of Limits on Election Expenses and Inquiry into Receipts and Disbursements: In order to guarantee elections that are economical and to ensure that political parties and candidates compete under fair and equal conditions, there are restrictions placed on election expenses. Each EC calculates the amount of money to be allocated for election campaigns, including allowances and compensation for persons engaged in election campaigns as prescribed in relevant laws.

Political parties and candidates must make disbursements within the calculated limits.

The ECs shall receive and manage documentation on the receipt and disbursement of election expenses of the political parties and candidates at all times. After the elections, the ECs shall also inspect, confirm and compare the overall receipts and disbursements of the election expenses submitted by the political parties and candidates. The ECs may, in the process of the inspection, investigate relevant persons, demand submission of reports and documents or demand the head of any financial institution to present relevant documentation on the financial transactions made by the political party and candidate. If irregularities are discovered during the investigation, the EC concerned shall lodge a complaint, make a request for a criminal investigation or take other necessary measures.

Management of Referenda: The ECs manage referenda on major policies concerning diplomacy, national defence, unification, as well as on amendments that are conducted pursuant to the Constitution.


Administrative Affairs

In order to ensure that political parties contribute to sound development of democracy through democratic organizations and activities, the ECs collect various registrations and reports and provide administrative support.

Administrative Affairs Concerning Political Funds: To guarantee optimum availability of political funds and to lay a strong foundation for a transparent political funds system through appropriate accounting, the ECs manage the administration of overall affairs related to political funds.

In order to build an environment that supports clean elections, the ECs are engaging in diverse promotional activities throughout the year. The activities, aimed at enhancing public awareness of clean, fair elections, include initiating clean election campaigns at designed schools, compiling textbooks so that they provide appropriate education on the election process and the political system.

The Electoral Training Institute provides specialized education and training on elections, political parties and political funds for all EC commissioners and staff members. It is also developing as an educational institution that provides information and education to members of political parties and supporter's associations, as well as to university students, teachers and ordinary citizens.

The National Election Commission may establish rules and regulations necessary to manage elections and to administer political parties and political funds within the scope of pertinent laws.

Should the NEC decide there is a need for new laws or amendments concerning elections, referenda, political parties and/or political funds, it can submit its ideas or proposals to the National Assembly. Any administrative body wishing to amend or abolish laws related to elections, referenda and political parties should consult with the NEC.