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The Rule of Law for Democracy 343

The basic order of democracy means a political order trusting
autonomous reason and will of individuals, grounded upon
a pluralistic worldview, according to which, all political views have

relative truth and rationality, defying all sorts of violence and
arbitrary control, respecting the majority while still caring for the
minority, and composed of and operated by the democratic
decision-making process and freedom and equality.
However, the Court expressly suggested that, on account of
importance of a political party in a democratic system, a political
party should be permitted to freely pursue ideologies from diverse
spectrums as long as it does not deny the basic order of democracy,
and that the proportionality principle must be complied with in
evaluating the degree of violation of the basic order of democracy,
and that the existence of the concrete risk must be shown to
dissolve a political party.
Meanwhile, the Court also made efforts to make the Korean
society more egalitarian and respectful of human rights. For instance,

the Court democratically reformed the family system in Korea
and enhanced women’s rights through its decisions. In 2005,
we struck down the “Hoju” system which allowed only men to
head the family.
In the same year, a Civil Code provision which required persons
to follow the family name of the father was also struck down,
and in 2000, we held that the Nationality Act that adopted
paternal lineage system was unconstitutional.
Other significant decisions of the Court include the decision
in 2008 finding the unconstitutionality of age limitation for the civil
service examination, and the decisions in 1999 and 2006 finding
the unconstitutionality of extra points awarded to veterans and
family members of patriots in the civil service examination.

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