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| ▲ Constitutional Court justices are seated in the bench before announcing their verdict on the constitutionality of the Public Official Election Act on Jan. 29, 2026. (Yonhap) |
proportional seats-minor parties
Constitutional Court rules in favor of minor parties over proportional representation
SEOUL, Jan. 29 (Yonhap) -- The Constitutional Court ruled Thursday that a current legal provision barring minor parties that win less than 3 percent of the valid party votes in general elections from obtaining proportional representation seats at the National Assembly is unconstitutional.
In a 7-to-2 vote, the court made the decision against Article 189, Paragraph 1 of the Public Official Election Act, which stipulates the Assembly's proportional representation seats shall be allocated only to political parties earning at least 3 percent of the total valid party votes nationwide.
The ruling came in response to a petition from a group of minor party proportional seat candidates who claimed that the 3 percent threshold in the Public Official Election Act violates their right to equality.
The court said the 3 percent rule can be effective in deterring the harm caused by the proliferation of minor parties but can also have the negative effect of preventing new political forces from entering the National Assembly.
It also stressed that there is no reasonable reason to exclude minor parties from the allocation of proportional seats simply because of their minor status, as long as they do not hinder the stable functioning of the Assembly.
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