This study reexamines the functions of the political party system as a core mechanism for realizing the principles of popular sovereignty and representative democracy under the Korean Constitution. It analyzes how the current Political Parties Act, which effectively permits only nationwide parties by requiring a central party and at least five provincial branches with 1,000 members each, undermines local autonomy and regional representation. Such structural limitations hinder political diversity and block the expression of localized political interests in national decision-making processes. By analyzing the interpretations of Articles 8, 117, and 118 of the Constitution and relevant Constitutional Court rulings, this paper compares the legal reasoning behind both majority (constitutional) and dissenting (unconstitutional) opinions. Furthermore, through comparative analysis of systems in Germany, the United Kingdom, Spain, and Japan, where regional parties are institutionalized, the paper argues that introducing regional parties in Korea is constitutionally valid and institutionally feasible. Ultimately, it advocates legislative reforms to relax the nationwide party requirements and institutionalize regional parties, thereby enhancing the inclusiveness and substance of representative democracy while embodying the constitutional principles of political freedom, local self-government, and regional representation.
Hyo Youen Kim (Sun,) studied this question.