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Constitutional Court Declares Election Law Unconstitutional Over Minor Party Representation

Seoul: The Constitutional Court has delivered a landmark ruling, declaring that the existing legal framework, which restricts minor parties from securing proportional representation seats in the National Assembly unless they garner at least 3 percent of the valid party votes in general elections, is unconstitutional. The decision was reached with a 7-to-2 majority vote, challenging Article 189, Paragraph 1 of the Public Official Election Act.

According to Yonhap News Agency, the ruling came as a result of a petition filed by candidates from minor parties who argued that the 3 percent threshold infringed upon their right to equality. The court acknowledged that although the 3 percent rule aims to mitigate the potential issues arising from an increase in minor parties, it simultaneously poses a barrier that prevents new political entities from gaining entry into the National Assembly.

The court highlighted that excluding minor parties from proportional seat allocation solely based on their status lacks a reasonable justification, provided they do not disrupt the stable functioning of the Assembly. This decision marks a significant shift in the legal landscape, potentially paving the way for a more inclusive political representation within the nation's legislative body.

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