History of the Constitution concerning Political Parties

• The First Republic

  The initial Constitution established in 1948 did not specify provisions concerning political parties.
  
  A political party at the time was regarded as a type of general associations in accordance with the Constitution and the status of a political party that had a seat in the National Assembly was only recognized as a floor negotiation group according to the National Assembly Act.

• The Second Republic

  The Constitution of the Second Republic enacted in 1960 established provisions concerning political parties for the first time in the constitutional history.
  
  Article 13 Clause 2 specified “Political parties are protected by the State. However, if the purposes of activities of a political party disturb the fundamental democratic order, the government may bring an action against the party with President’s approval and the party shall be dissolved by decision of the Constitutional Court”, which first stipulated a State obligation to protect political parties and a system for dissolving an unconstitutional political party in the constitution.

• The Third Republic

  The Constitution of the Third Republic enacted in 1962 specifically prescribed political parties.
  
  Article 7 Clause 1 specified the freedom to establish a political party and the multi-party system, while the organization and performance of a political party were stipulated in Clause 2 and a State obligation to protect a political party and a system for dissolving an unconstitutional political party in Clause 3.
  
  The Constitution strongly supported party politics by prescribing provisions to prevent the independent candidacy (Articles 36 & 64) and to disqualify a National Assembly member who defects from the party and switches over to another party during his/her term of office (Clause 38).

• The Fourth Republic

  The provisions concerning political parties of the Third Republic’s Constitution were adopted in the Constitution revised for the 7th time in 1972 without other modification than adding a new provision regarding the Constitution Commission and omitting a provision that prohibited an independent candidate from running for the presidential election.
  
  In particular, Article 112 Clause 1 stipulated the Election Commission assuming a responsibility for handling duties concerning political parties as an independent agency by saying, “Election Commissions are established to fairly manage elections and national referendums and to deal with duties in relation to political parties.”
  
  Furthermore, the Fourth Republic’s Constitution is the first one that has given the National Election Commission authority to establish, within the legal boundaries, regulations concerning political party duties.

• The Fifth Republic

  The Constitution of the Fifth Republic enacted in 1980 adopted the fundamental provisions prescribing political parties of the Third Republic’s Constitution.
  
  The Constitution has also introduced the system of national subsidies for political parties in accordance with Article 7 Clause 3 that stipulates the State may provide funds necessary to operate political parties as by law established.

• Current Constitution

  The current Constitution whose structure is based on the direct presidential election system has adopted provisions concerning political parties of the Third Republic’s Constitution.
  
  ‘Purpose’ other than ‘Organization and Performance’ has been added regarding a political party’s obligation to ensure democracy.