Press Statement by the defense counsel regarding the Constitutional Court’s decision disbanding the Unified Progressive Party
The defense counsel of the Unified Progressive Party has done its best to keep the democracy of our society. However, we could not fulfill the duties and, as a result, a situation that the democracy of our society knells is resulted and we make an apology by bowing many times to the people.
Huge amount of budget, endeavors, and social capability invested for longer than one year are concluded as decision of dissolution and the crushingly heart is beyond description.
On 19 December 2014, the decision of dissolution of the Unified Progressive made by the Constitutional Court of Korea today is death sentence of the democracy of ROK and is he death sentence of the Constitutional Court of Korea itself, too.
The life of democracy is comprehension and tolerance of political minorities and decision making and selection through discussions and election by the people. It’s abandonment of democracy and totalitarianism to expel a party from the ground of political discussion because it asserted differently from the viewpoints of the main stream of our society.
The court started its sailing as the historical fruit of the people’s fight for democratic who are the sovereign and resisted against dictatorial government. Historical mission of the court is monitoring in order to prevent repetition of the tragedy of our constitutional history of infringement by dictatorial government and to prevent possible deviation of every national actions from the framework of the Constitution.
However, the court’s decision is based on distrust of our people’s capability and is denial of the existential basis of the court. As the result of a trial for longer than one year, it was not found that the party was directly related with North Korea or sought for a revolution by force. It did not result in any concrete and urgent danger in democracy.
Nevertheless, the court made a decision of dissolution jumping on the bandwagon of the offensive against North Korean Follow and the media manipulation by the government. It is highly doubtful whether the court made a judgment independently from the authority, whether it made a judgment based on evidences, and whether it made a decision on their conscience.
We hoped the court to maintain our society strongly holding the central pendulum calmly in front of the violent irrational hunting of North Korean Follow but it has become an empty dream. The court decided the date of sentence by constraint compared with the huge evidences, documents and diverse issues. We have no way but to doubt that it decided even the date of sentence in violation of the constitution with political considerations jumping on the bandwagon of the requirements by the government.
Furthermore, the court turned its face away from the standard on dissolution of a party in civilized countries and deteriorated ROK into an undeveloped country. It abandoned a country that comprehends opposing parties and selected the way of a country that removes opposing parties directly.
As a result, ROK has become an undeveloped country that does not accept progressive parties or criticizing parties. As you know the cast that Jo Bong-am, the leader of the Progressive Party, had been received a death sentence in 1958 but received an innocence sentence in 2011, the history will prove that today’s decision is a clear misjudgment. The names of the judges who made opinions of agreement in the decision of dissolution will be remembered forever.
The defense counsel that had continued its activities of the defense counsel for the case of dissolution of a party for the first time in the constitutional history will be recorded in the history of disgrace that cannot be repaid later as a criminal.
We express our respect to Judge Kim Yi-su who made an opinion of rejection in today’s decision.
Like a river that flows to the sea, the journey toward the citizens and ROK will not stop at this point. We learn the fact that the ultimate force of such journey is originated from the people, through historical experiences.
Today, the court turned back the clock but the defense counsel believes that the day that constitutional spirit is restored will come and will do our best for the democracy and human right of our society.
December 19, 2014
The defense counsel of the case of dissolution of Unified Progressive Party