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342 H.E.PARK Han-Chul

Through these decisions, the Court made sure the will of the
people is reflected in a representative body and has substantially
guaranteed the right to vote and the right to run for an election.

Moreover, we rendered a number of groundbreaking decisions
protecting the freedom of expression in Korea.
For example, in 1996, 1997, 2001, 2005, and 2008, it struck
down pre-censorship laws on films, records and videos, and in 2012,
regulations requiring users to verify their real names before posting
comments on web sites, and in 2003, an absolute ban on assemblies
and demonstrations near diplomatic offices. And in 2009 and
2014, we held a ban of nighttime outdoor assembly partially
unconstitutional.
I believe that these decisions greatly advanced the quality of
democracy in Korea and enabled Korea to gain global recognition
as a leading democratic nation.
The Court further rendered important decisions regarding
application and construction of the governing order prescribed by

the constitution.
In 1997, the Speaker’s railroading of a bill without duly
notifying members of the opposition party that the meeting will be
convened was held to be in violation of the rights of lawmakers
to review and vote on proposed legislation.
Also, the Court in 2004 dismissed a petition for impeachment
of the president by holding that a showing of a grave violation
of the constitution or statute is required to impeach a president.
In 2014, the Court ordered dissolution of the political party
whose objective and activities, which included inciting destruction
of the country’s infrastructure by violent means and by seeking
to deny the constitutional order, were found to be in violation of
the basic order of democracy.

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