"5% Blockade of Local Councils is Unconstitutional"... Three Progressive Parties File a Constitutional Complaint and Injunction
Three progressive parties and civic groups in South Korea have filed a constitutional complaint against the 5% threshold for proportional representation in local elections, claiming it is unconstitutional.
On the 23rd, three progressive political parties in South Korea—the Justice Party, Green Party, and Labor Party—along with civic groups, held a press conference in front of the Constitutional Court in Jongno, Seoul, announcing their filing of a constitutional complaint against the 5% blockade clause in the upcoming local elections. This complaint comes in light of the impending local elections on June 3, where they are also requesting a provisional suspension of the clause's effects, arguing that the clause obstructs political diversity. The leaders pointed out that this move is in parallel with a decision made by the Constitutional Court in January that deemed a similar 3% blockade clause unconstitutional in parliamentary elections. The 3% clause excluded parties that garnered less than 3% of the vote from proportional representation seats, a ruling that advocates for political diversity now hope will apply to the 5% local election clause as well.
The three parties and civic organizations claim that the introduction of the 5% threshold was justified as a means to ensure stable governance and reduce the proliferation of smaller parties. However, they express concerns that it limits the entry of minor parties into local governance, which could lead to a lack of representation for certain segments of the populace. The Justice Party's leader, Kwon Young-guk, emphasized that if the 3% blockade clause was ruled unconstitutional, the 5% clause must be similarly considered unconstitutional, pointing out the lack of discussion from the National Assembly regarding these critical electoral reforms with the elections so close.
Additionally, Kim Chan-hwi, co-leader of the Green Party, remarked on the significance of their actions, framing them not merely as legal disputes but as a movement reflecting the voice of citizens advocating for political reform. The call for the abolition of the 2% cancellation clause, which once barred the registration of parties that received less than 2% of the vote, is connected to their efforts for greater electoral inclusivity. This development indicates a rising momentum among civic and political groups to challenge existing electoral regulations that they believe undermine democracy and representation in South Korea.