Understanding Political Funds Law
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Description
Book Introduction
This book was designed to emphasize the importance and practical applicability of the Political Funds Act.
We cover a wide range of topics, from the basic principles of political funding law to fund raising and use, monitoring, and sanctions, and strive to help people understand and apply political funding law from a practical perspective.
In keeping with the title, “Understanding the Political Funds Act: Theory, Practice, and Prospects,” this book sequentially explains each article of the Political Funds Act, delving deep into legal theory and its relationship with other political laws, such as the Public Official Election Act. It explores the concrete realization of validity through case law and the National Election Commission’s administrative interpretations, and, in addition to securing a broader perspective through an introduction to overseas political funding systems, seeks ways to improve the quality of political funding systems.
We cover a wide range of topics, from the basic principles of political funding law to fund raising and use, monitoring, and sanctions, and strive to help people understand and apply political funding law from a practical perspective.
In keeping with the title, “Understanding the Political Funds Act: Theory, Practice, and Prospects,” this book sequentially explains each article of the Political Funds Act, delving deep into legal theory and its relationship with other political laws, such as the Public Official Election Act. It explores the concrete realization of validity through case law and the National Election Commission’s administrative interpretations, and, in addition to securing a broader perspective through an introduction to overseas political funding systems, seeks ways to improve the quality of political funding systems.
index
Chapter 1 / General Provisions
1 The Importance of Political Funds···································································································· 2
2 Definition of political funds············································································································· 3
3 Definitions of political funding in each country··················································································· 5
4. Classification of political funds·········································································································· 6
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Election expenses..........................................................................................................................6
1) Public Election System / 7 2) Election Expense Limit / 9
3) Election Cost Coverage / 9 4) Limitations on Election Cost Coverage / 9
5) Refund of expenses for those whose election was invalidated / 10
me.
Political funds other than election expenses····················································································· 10
5 The Need for Political Fund Regulations 12
go.
The need for regulation··············································································································· 12
me.
Global Trends in Political Funding Regulations ·························································································· 12
all.
Direction of regulation.......................................................................................................... 14
6 Legislative History···································································································15
7 Purpose of the Political Funds Act ······················································································································20
Article 1 (Purpose)
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Ensuring the appropriate provision of political funds ········································································································· 20
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Disclosure of political fund income and expenditure details································································································· 20
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Prevention of corruption related to political funds···························································································· 20
la.
The sound development of democratic politics ················································································································ 21
8 Basic Principles of the Political Funds Act ··············································································21
Chapter 2 / The Relationship between the Political Funds Act and Other Laws
1 The Political Funds Act and the Constitution 24
2 Comparison of the Constitutional Provisions Related to Political Funds in Each Country ················································································24
3 Political Funds Act and Public Official Election Act·········································································25
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Election campaigns and political activities·································································································· 25
me.
The Relationship Between the Political Funds Act and the Public Official Election Act ································································ 26
1) Restrictions on voting and eligibility for election / 27 2) Invalidity of election / 27
3) Restrictions on public office, etc. / 30 4) Separate sentencing / 33
5) Statute of limitations / 38 6) Comparison of the 'Supplementary Provisions' of the Political Funds Act and the Public Official Election Act / 39
4 Political Funds Act and Political Parties Act····························································································40
5 Current System under the Political Funds Act··················································41
Chapter 3 / Political Fund Illegal Receipt
Article 2 (Basic Principles) Paragraph 1
Article 3 (Definition)
Article 45 (Crime of Receipt of Political Funds) Paragraph 1
1 Meaning ·························································································································45
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Definition of political funds under Articles 2 and 3 of the Political Funds Act··································································· 45
me.
Overview of Article 45, Paragraph 1 of the Political Funds Act ···································································· 46
all.
Violation of Article 45, Paragraph 1 of the Political Funds Act and Sanctions, including Invalidation of Election············································ 47
2 'Persons engaged in political activities' ··································································································47
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Meaning········································································································· 47
me.
Cases corresponding to 'persons engaged in political activities' ································································ 48
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Cases not falling under the category of 'persons engaged in political activities'················································································· 52
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Political Funds and Superintendent Elections ················································································· 54
3 'Funds for Political Activities'·································································································58
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Significance and criteria for judgment.......................................................................................................... 58
1) Political parties, elected officials, candidates, supporters, and party executives / 58
2) Other politically active persons / 58
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Cases that fall under 'Funds for Political Activities'·································································· 59
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Cases not covered by 'Funds for Political Activities'·················· 66
4 Money, etc. All·······························································································70
5 Free rentals ································································································································80
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Meaning and Judgment Methods ······················································································· 80
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Differences from paid rentals····························································································· 82
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Object of free rental................................................................................................................................................. 86
6 Debt forgiveness, reduction, and other benefits 87
7 Donations···················································································································87
8. The back of the tiger·················································································································89
9 The 'Daehyangbeom' Problem·································································································92
10th Period·································································································93
11 Special provisions between relatives···································································································································97
12 Prisoner Relations··································································································99
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Article 45, Paragraph 1 and Article 45, Paragraph 2········································································· 99
me.
Comprehensive crime··················································································································· 99
all.
Political Fund Crimes and Bribery 101
la.
Political Fund Crimes and Violations of the Political Parties Act································································································· 102
mind.
Political Fund Crimes and Violations of the Public Official Election Act 103
13 Confiscation and Recovery ············································································································ 103
14 Central Election Management Committee Administrative Interpretation································································································· 107
go.
Cases of Violation of the Political Funds Act······································································ 107
1) Political activities of political parties and party members / 107
2) Political activities of National Assembly members, local council members, and heads of local governments / 108
3) Political activities of other politically active persons / 110
me.
Cases not considered violations of the Political Funds Act ·························································· 110
1) Political activities of political parties and party members / 110
2) Political activities of National Assembly members, local council members, and heads of local governments / 112
3) Political activities of other politically active persons / 113
15 Standards for Social Media Profitable Activities under the Political Funds Act 115
System improvement: Allowing fundraising through social media sponsorship services and blocking illicit political fundraising through book launches. 119
Chapter 4 / Expenses other than political activities
Article 2 (Basic Principles) Paragraph 3
1 Meaning··························································································································· 122
2 Case Law··················································································································· 125
3 Central Election Management Committee Administrative Interpretation ·················································································· 128
go.
Cases in which the use of political funds is permitted 128
1) Expenses related to political party expenses / 128 2) Expenses related to National Assembly members / 129
3) Scholarship-related expenses / 138 4) Attorney-appointment fees and litigation costs / 139
me.
Cases where the use of political funds is not permitted······························································································· 142
1) Expenses of political parties (preparatory committee) / 142 2) Expenses of National Assembly members / 142
4 Punishment······································································································ 143
Strengthening regulations on private use of political funds through institutional reform 144
Chapter 5 / Political Fund Donations and Expenditures, including Anonymous Methods
Article 2 (Basic Principles) Paragraph 4
1 Meaning··········································································································· 146
2 Case Law··················································································································· 148
3 Punishment··················································································································· 149
Chapter 6 / Political Fund Donations in Another Person's Name
Article 2 (Basic Principles) Paragraph 5
1 Meaning··························································································································· 152
2 Case Law··················································································································· 154
3 Punishment··················································································································· 156
Chapter 7 / Donations and Receipt of Political Funds from Organizations, etc.
Article 31 (Restrictions on donations)
1 Meaning·························································································································· 158
2 Legislative History ················································································································ 160
3 Legislative examples from each country···························································································· 160
4 Component Requirements································································································· 162
5 Case Laws 164
go.
Criteria for Determining Funds ‘Related to Groups’··································································································· 164
me.
Cases of 'group-related' funds.......................................................................................... 166
all.
Cases where funds are not considered 'group-related' 169
6 Administrative Interpretation of the Central Election Commission ················································································· 171
A. SNS Activities ·········································································································· 171
me.
Corporate profits·············································································································· 172
all.
Corporate and Organizational Funds··································································································· 172
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Local Council Activities ·························································································· 173
mind.
Others························································································· 174
7. Whether the crime of violating the Political Funds Act and the crime of embezzlement with the intent to gain illegal profits are established··············· 174
8 Punishment··················································································································· 175
Chapter 8 / Donations and Receipts Related to Specific Acts
Article 31 (Restrictions on donations related to specific acts)
1 Meaning··························································································································· 179
2 Legislative History ················································································································ 179
3 Contents ······································································································· 180
go.
Restrictions on political donations related to specific acts·················· 180
me.
Recommending a specific person for public office elections (No. 1) ················································ 180
1) Legislative Purpose / 180 2) Subject / 181
3) Meaning 'in relation to recommending a specific person as a candidate' / 183 4) Subjective element / 186
5) Relationship between the crimes of bribery and inducement of interest under the Public Official Election Act and the crime of violating the Political Funds Act / 187
all.
Election of the Chairman and Vice-Chairman of the Provincial Council and the Chairman and Vice-Chairman of the Board of Education,
Election of Superintendent of Education and Board of Education Members (No. 2) ··························································· 189
la.
Requesting or mediating requests for work that public officials are in charge of or handle (No. 3)······································· 192
1) Subject / 192 2) Civil servant / 192
3) Affairs handled and handled by public officials / 195 4) Requests or mediation / 198
5) The Relationship Between Political Funds and Bribes / 198
mind.
Acquiring property rights or interests through a contract with or disposition of a certain corporation
Mediation (No. 4) ···································································· 199
1) Meaning / 199 2) Content / 199
4 Central Election Management Committee Administrative Interpretation································································································· 200
5 Punishment······································································································ 201
Chapter 9 / Mediation of donations to suppress doctors
Article 33 (Restrictions on Solicitation of Donations)
1 Meaning························································································································ 204
2 Contents············································································································ 205
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The meaning of 'how to suppress the will of others' ································································ 205
me.
The meaning of 'brokerage'············································································································· 205
3 Case Laws ······································································································································ 206
4 Punishment······································································································ 208
Chapter 10 / Accounting, Reporting, and Disclosure of Political Funds
Article 34 (Report on Appointment of Accounting Manager, etc.)
1 Meaning··········································································································· 212
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Accounting Manager ·················································································································· 212
me.
Accounting Officer Duties ···································································································· 212
all.
Appointment and Concurrent Appointment of Accounting Manager················································································· 213
1) Report on Appointment of Accounting Manager / 214 2) Restrictions on Concurrent Positions of Accounting Manager / 215
la.
Deposit Account Opening Report······································································································· 216
2 Central Election Management Committee Administrative Interpretation································································································· 217
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The person with the right to elect concurrently serves as the accounting manager··············································································· 217
me.
Concurrently serving as accounting manager for election officials, etc. ················································································ 217
all.
Appointment of the National Assembly Member's Support Committee Accounting Manager for the National Assembly Member's Aide············································ 217
la.
Reporting of Accounting Managers in the Election for a Single Candidate for Party Representative····················· 217
mind.
Whether Saemaul Geumgo is a financial institution································································································· 217
3 Punishment··················································································································· 218
Article 35 (Reporting of Changes in Accounting Manager, etc.)
1 Meaning··········································································································· 219
2 Report of Change in Accounting Manager································································································· 220
3 Punishment··················································································································· 220
Article 36 (Income and expenditure by accounting manager)
1 Meaning··········································································································· 222
2 Income and Expenditure by Accounting Manager································································································· 223
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Accounting Manager Income and Expenses ················································································································ 223
me.
Delegated expenditures for accounting assistants ···························································································· 226
all.
Expenditures under the management and control of the accounting manager ················································································ 227
3 Principles for Accounting for Political Funds ····························································································· 227
4. Methods of Spending Political Funds ································································································· 228
5 Campaign Expenditures of Public Official Election Candidates and Preliminary Candidates···························································· 229
6. Whether the purpose for which the expenditure occurred prior to registration as a sponsor is eligible for expenditure···································· 229
7 Case Law························································································································· 230
8 Central Election Management Committee Administrative Interpretation································································································· 231
go.
Political party income and expenditures ························································································································· 231
1) Expenses for party member meetings / 231 2) Expenses for holding party member training sessions by the party member council / 232
3) Whether political party election offices can provide financial support for candidates, etc. / 232
me.
National Assembly Members' Income and Expenditures································································································· 233
1) Use of cash (political funds) overseas by members of the National Assembly / 233
all.
(Prospective) Candidate Income and Expenditures ······························································································· 233
1) Internet Advertising Expenses for Proportional Representation Local Council Elections / 233
2) Expenditure on election office management fees paid regularly through automatic transfer / 233
3) Expenses of party dues paid via automatic transfer before registering as a preliminary candidate / 233
4) Allowances and expenses for election campaign managers, etc. / 234
la.
Primary Candidate Income and Expenditures 234
9 Punishment ······································································································································ 234
Article 37 (Placement and entry of accounting books)
1 Meaning·························································································································· 236
2 Types of Accounting Books····································································································· 237
go.
Political parties (election offices and election contact offices for party-recommended candidates for the presidential election, proportional representation elections for the National Assembly, and
Proportional representation local council member elections (including election offices) ····················································· 237
1) Income and Expenditure Accounts (Refer to Table 1 of the Political Fund Management Rules, ‘Income and Expenditure Item List’) / 237
2) Accounting ledger: 〈Form 33 of the Rules〉 / 241
me.
Supporters Association···································································································· 241
1) Income and Expense Accounts / 241 2) Income Accounts / 241
3) Expense Account / 242 4) Accounting Book: 〈Form No. 33 of the Rules〉 / 243
all.
Members of the National Assembly, presidential primary candidates, party leader primary candidates, etc. with support groups, public office elections
Candidates · Prospective Candidates · ...
1) Income and Expense Accounts / 245 2) Income Accounts / 245
3) Expense Account / 246 4) Accounting Book: 〈Form No. 34 of the Rules〉 / 246
3. Spending Methods································································································· 246
4. Timing of expenditures.......................................................................................................... 247
5. Accounting ledger placement and entry.......................................................................................... 247
go.
Beach ledger.......................................................................................................................... 247
me.
Bookkeeping Instructions·························································································································· 247
all.
Precautions when filling out the form ·························································································· 248
6 Closing the Accounting Books·········································································································· 248
go.
Deadline·································································································· 248
me.
Closing method.......................................................................................................................... 249
7 Case Law························································································································· 249
8 Constitutional Court Decisions 250
9 Punishment ······································································································································ 252
Article 38 (Accounting of political parties)
1 Meaning··········································································································· 253
Accounting of the two parties··········································································································· 254
go.
Accounting procedures to be stipulated in the party constitution and party rules······································································ 254
me.
Quarterly accounting status check and inspection and disclosure of results······················································ 254
3. Processing of Political Fund Expenditures··································································································· 255
go.
Purchase and Payment Inquiry····························································································· 255
me.
Expenditure Cause Action (Contract Conclusion, etc.) ·································································································· 255
all.
Expenditure Resolution··············································································································· 255
4 Central Election Management Committee Administrative Interpretation································································································· 256
go.
Central Party's Lease and Accounting Processing of Party Offices ·················································································· 256
me.
Support for the operating expenses of political party members' National Assembly offices, etc.··············································································· 256
all.
Political parties provide election subsidies to candidates for local council elections······································ 256
la.
Central Party's Accounting for Party Leases and Rental Income······················································ 257
5 Punishment······································································································ 257
Article 39 (Receipts and other supporting documents)
1 Meaning ········································································································· 257
2 Obligation to keep receipts·········································································································· 258
3 Reasons for Exception to Receipt Preparation.......................................................................... 259
4 Reasons for omitting receipt submission when reporting accounts················································································· 260
5 Frequently Asked Questions About Accounting Reports in Public Official Elections ···················································· 260
go.
Candidates may use their own vehicles, etc. for public speeches and discussions.
Case accounting treatment method········································································································ 260
me.
In relation to election campaigns, vehicles owned by election officials, volunteers, or relatives of candidates
Whether or not support is available free of charge and, if so, how to account for it············261
all.
Can a prospective candidate pay rent if he or she leases a building (office) owned by him or her?······· 263
la.
Accounting method when a candidate borrows money from another person····················· 263
mind.
Accounting for drinks brought by visitors to the election office opening ceremony··············· 263
bar.
In charge of simple tasks (word processing, serving tea, cleaning, etc.) at the election office or election contact office
Scope of wages payable to workers·········································································································· 263
Article 40 (Accounting Report)
1 Meaning ········································································································· 267
2 Accounting Reporting Subjects ························································································································· 267
3 Timing of Accounting Reports ·········································································································· 268
go.
Political parties······································································································ 269
1) Years in which no public elections were held / 269
2) Year of participation in national public elections / 269
3) Years of participation in by-elections for public office held in some regions / 269
4) Other (Central Party Preparatory Committee with a political party and support group) / 269
me.
Central Party Supporters' Association (including the Central Party Foundation Preparatory Committee Supporters' Association) and National Assembly Member Supporters' Association···················· 270
all.
Presidential primary candidates, party leadership primary candidates, and their supporters··················································· 270
la.
Candidates, preliminary candidates, and their supporters in public elections··································································· 270
mind.
Members of the National Assembly with support groups·················································································· 271
4. Accounting Report Matters.......................................................................................................................................... 271
5 Accounting Report Documents············································································································ 272
6 Report on Political Fund Support Details ······························································································· 272
go.
Grants······················································································································· 272
me.
Subsidy income and expenditure··································································································· 273
all.
Settlement method for the remaining amount of subsidy used, etc. ································································································· 273
la.
Report on Political Funding Details····························································································· 274
7 Report on the list of donors of the sponsorship association ···························································································· 274
8. Signature and Seal of the Covenant ························································································································· 275
9 Case Law··················································································································· 275
10 Central Election Management Committee Administrative Interpretation················································································· 276
go.
Donations after Election Day, etc. ························································································· 276
me.
Deadline for accounting reports of those who failed the preliminary election, etc.························ 276
all.
Accounting of the Support Committee for Elected Members of the National Assembly ················································································ 276
11 Punishment··················································································································· 277
Article 41 (Self-audit of accounting reports, etc.)
1 Meaning·························································································································· 278
2 Contents············································································································ 278
go.
Internal Controls on Political Fund Accounting Processing 278
1) Review and resolution by the representative body (including its delegated body) or the Budget and Settlement Committee / 278
2) Audit by internal auditing agency / 279
me.
External Control over Political Fund Accounting ·································································· 279
1) Audit by a certified public accountant / 279 2) Public notice of accounting report details / 280
3) Inspection, objection, and issuance of copies of accounting reports, including property and income/expenditure details / 280
4) The National Election Commission's power to investigate accounting matters / 280
3 Punishment··················································································································· 280
Article 42 (Inspection and issuance of copies of accounting reports, etc.)
1 Meaning··········································································································· 281
2 Legislative History ················································································································ 282
3. Inspection and issuance of copies of accounting reports, etc. ················································································ 283
go.
Announcement of Accounting Report Details, etc. ································································································ 283
me.
Inspection of accounting reports, etc. ·················································································· 283
1) Location and Facilities / 284 2) Viewing Period and Target / 284
all.
Issuance of copies of accounting reports, etc. ···························································································· 286
la.
Documents subject to inspection and copy issuance········································································································ 287
4. Whether or not the reasons for nondisclosure under the Act on Disclosure of Public Institution Information apply. 288
5 Prohibition on Use of Political Donation Details for Political Purposes ····················································· 290
6 Objection to Accounting Report Details ·················································································· 291
go.
Objection period, subject, and method ···························································································· 291
me.
Handling Objections ················································································· 291
7 Punishment ········································································································································· 292
8 Disclosure of Accounting Reports by Country ································································································ 292
go.
Status of Disclosure of Accounting Reports in Each Country ·························································································· 292
me.
Accounting Reporting and Disclosure Systems in the UK and the United States 294
1) United Kingdom: Electoral Commission's Accounting Reporting System / 294 2) United States / 294
all.
Comparison of Political Funding Disclosure Systems in Korea and the United States 298
la.
Korea's Open Watch (openwatch.kr) ················································································ 299
300 Permanent Internet Disclosure of Political Fund Income and Expenditures for System Improvement
Article 43 (Request for submission of data, etc.)
1 Meaning··························································································································· 302
2. Right to investigate income and expenditure of election expenses·········································································································································· 302
go.
Investigative Subject·································································································· 302
me.
Reason for investigation·················································································································· 303
all.
Scope of the investigation··································································································· 303
3 Relationship with the right to investigate political funding crimes (Article 52 of the Political Funds Act)······················································ 303
go.
Comparison of the investigative powers of Articles 43 and 52················································································································································· 303
me.
Comparison of the penalties under Articles 43 and 52··································································································································································· 304
4 Conflicts with other laws................................................................................................. 304
5 Punishment······················································································································ 305
Article 44 (Transfer and preservation of accounting books, etc.)
1 Meaning··························································································································· 306
2 Transfer of accounting books, etc. to the person with the authority to appoint................................................................. 306
3 Preservation and consignment of accounting books, etc. ················································································································································································ 307
4 Punishment······················································································································ 307
Chapter 11 / Major Violations Related to Election Expenses
Article 49 (Penalties for Violations Related to Election Expenses)
1 Meaning························································································································ 311
2 Key Issues ················································································································ 314
go.
Crimes of Failure to Submit Accounting Reports, etc. (Article 1) .......................................................................................... 314
1) Meaning / 314 2) Subject / 316
3) Acts / 316 4) Case Law / 317
5) Prisoner Relations / 322
me.
Crime of False Entry in Supporting Documents (Article 2, Paragraph 6) ················································································ 324
1) Meaning / 324 2) Receipts and other supporting documents / 324
3) Case law / 325
all.
Non-accounting officer income and expenditure crime (Article 2, Paragraph 3)········································································· 327
1) Subject / 327 2) Expenditures by accounting assistants / 328
3) Scope of application of expenditure by the accounting manager according to the time of occurrence of political fund expenditure reason / 329
4) The candidate's personal assets are reported to the accounting manager and
In the case of not receiving or spending income through a deposit account / 329
5) Purchase and · of Article 49, Paragraph 2, Subparagraph 3 of the Political Funds Act and the Public Official Election Act
Whether there is a legal conflict with the crime of inducing interest, etc. / 330
la.
Unreported Account Income and Expenditure Crime (Article 2, Paragraph 3)···························································· 330
1) Subject / 330 2) Income and expenditure through a political party's deposit account not reported to the National Election Commission / 331
3) Appointment of an Accounting Officer · Receipt and expenditure of election expenses not through a pre-declaration deposit account / 331
4) Prisoner Relations and Separation Sentences / 332 5) Payment of Allowances and Expenses for Election Campaign Managers, etc. / 332
mind.
Failure to Report Deposit Accounts and Accounting Managers (Article 2, Paragraph 2) 332
333 Measures to improve the system and prevent false election expense claims
Chapter 12 / Party dues
Article 4 (Party Dues), Article 5 (Party Dues Receipt)
1 Meaning··························································································································· 337
2. Number of members and party dues of Korean political parties (2022.
12.
31.
(Current)························································· 338
go.
Number of party members.......................................................................................................................... 338
1) Number of party members by party / 338 2) Number of party members compared to the number of voters / 338
me.
Party Dues Status ································································································· 339
1) Status of Party Dues Payers Compared to the Previous Year / 339 2) Status of Party Dues Payers by Political Party / 340
3. Status of party dues in each country ························································································································· 340
4 Contents ························································································································· 341
go.
Relationship with the Political Parties Act ·································································································· 341
me.
Special Party Dues·································································································· 342
all.
Accounting Report of Party Dues·········································································································· 343
la.
The nature and characteristics of the sponsorship membership and sponsorship dues system, etc. ······························································ 343
mind.
Payment of party dues after obtaining civil servant status················································································································· 344
bar.
Whether or not it constitutes a donation under the Public Official Election Act ································································································ 345
buy.
Handling of party dues paid under another person's name or pseudonym·································································································· 345
ah.
Subject to national treasury attribution under the Political Funds Act and the Political Parties Act······································································ 346
1) Political Funds Act / 346 2) Political Parties Act / 348
ruler.
Party dues receipt ······························································································································· 348
1) Production of party dues receipts / 348 2) Issuance of receipts / 349
3) Comparison of party dues receipts and political fund receipts from support groups / 350
5 Central Election Management Committee Administrative Interpretation··················································································································· 351
go.
Payment of party dues prior to central party registration is possible. 351
me.
Payment of party dues to other city/provincial chapters of the same political party, etc.······································································ 352
all.
The nature of the Political Party Steering Committee membership fee and the return of the primary election deposit ································································ 352
la.
Paying party dues from salary deductions··················································································································· 352
mind.
Party members' dues fundraising activities·················································································· 353
bar.
Payment of corporate party dues·········································································································· 353
buy.
Fundraising of party dues through party bonds·································································································· 353
ah.
Exemption from party dues, etc. ·········································································································· 353
ruler.
Tax exemption for party dues donated to the preparatory committee for the party's founding·················································································· 353
car.
Paying membership dues with KT Points··························· 354
card.
Payment of party dues through bank transfers·············································································· 354
get on.
When paying party dues through the telephone payment system, etc., issuance of party dues receipts··································· 354
green onion.
Issuance of total party dues receipts ················································································································ 354
6 Penalties ········································································································································· 354
Chapter 13 / Sponsors and Sponsorships
Article 6 (Sponsorship Committee Designation Authority)
1 Significance of the Sponsorship System··································································································· 359
2 Legal Regulations on Sponsorships············································································· 359
go.
The need for regulation·············································································································· 359
me.
Regulatory Contents ················································································································ 360
all.
Prohibition of the formation of similar organizations by supporters' associations············································································ 361
3 Expansion of Sponsorship Designation Rights································································································· 362
4 Central Election Management Committee Administrative Interpretation································································································· 363
go.
Designation of a support group for a political party's youth supreme committee candidate································································· 363
me.
Designation of a support group for a political party's deputy representative primary candidate····················· 363
all.
Designation of a Support Committee for Party Primary Candidates for the Election of Supreme Council Members················································ 364
la.
A person who has registered as a preliminary candidate for the presidential election
1 The Importance of Political Funds···································································································· 2
2 Definition of political funds············································································································· 3
3 Definitions of political funding in each country··················································································· 5
4. Classification of political funds·········································································································· 6
go.
Election expenses..........................................................................................................................6
1) Public Election System / 7 2) Election Expense Limit / 9
3) Election Cost Coverage / 9 4) Limitations on Election Cost Coverage / 9
5) Refund of expenses for those whose election was invalidated / 10
me.
Political funds other than election expenses····················································································· 10
5 The Need for Political Fund Regulations 12
go.
The need for regulation··············································································································· 12
me.
Global Trends in Political Funding Regulations ·························································································· 12
all.
Direction of regulation.......................................................................................................... 14
6 Legislative History···································································································15
7 Purpose of the Political Funds Act ······················································································································20
Article 1 (Purpose)
go.
Ensuring the appropriate provision of political funds ········································································································· 20
me.
Disclosure of political fund income and expenditure details································································································· 20
all.
Prevention of corruption related to political funds···························································································· 20
la.
The sound development of democratic politics ················································································································ 21
8 Basic Principles of the Political Funds Act ··············································································21
Chapter 2 / The Relationship between the Political Funds Act and Other Laws
1 The Political Funds Act and the Constitution 24
2 Comparison of the Constitutional Provisions Related to Political Funds in Each Country ················································································24
3 Political Funds Act and Public Official Election Act·········································································25
go.
Election campaigns and political activities·································································································· 25
me.
The Relationship Between the Political Funds Act and the Public Official Election Act ································································ 26
1) Restrictions on voting and eligibility for election / 27 2) Invalidity of election / 27
3) Restrictions on public office, etc. / 30 4) Separate sentencing / 33
5) Statute of limitations / 38 6) Comparison of the 'Supplementary Provisions' of the Political Funds Act and the Public Official Election Act / 39
4 Political Funds Act and Political Parties Act····························································································40
5 Current System under the Political Funds Act··················································41
Chapter 3 / Political Fund Illegal Receipt
Article 2 (Basic Principles) Paragraph 1
Article 3 (Definition)
Article 45 (Crime of Receipt of Political Funds) Paragraph 1
1 Meaning ·························································································································45
go.
Definition of political funds under Articles 2 and 3 of the Political Funds Act··································································· 45
me.
Overview of Article 45, Paragraph 1 of the Political Funds Act ···································································· 46
all.
Violation of Article 45, Paragraph 1 of the Political Funds Act and Sanctions, including Invalidation of Election············································ 47
2 'Persons engaged in political activities' ··································································································47
go.
Meaning········································································································· 47
me.
Cases corresponding to 'persons engaged in political activities' ································································ 48
all.
Cases not falling under the category of 'persons engaged in political activities'················································································· 52
la.
Political Funds and Superintendent Elections ················································································· 54
3 'Funds for Political Activities'·································································································58
go.
Significance and criteria for judgment.......................................................................................................... 58
1) Political parties, elected officials, candidates, supporters, and party executives / 58
2) Other politically active persons / 58
me.
Cases that fall under 'Funds for Political Activities'·································································· 59
all.
Cases not covered by 'Funds for Political Activities'·················· 66
4 Money, etc. All·······························································································70
5 Free rentals ································································································································80
go.
Meaning and Judgment Methods ······················································································· 80
me.
Differences from paid rentals····························································································· 82
all.
Object of free rental................................................................................................................................................. 86
6 Debt forgiveness, reduction, and other benefits 87
7 Donations···················································································································87
8. The back of the tiger·················································································································89
9 The 'Daehyangbeom' Problem·································································································92
10th Period·································································································93
11 Special provisions between relatives···································································································································97
12 Prisoner Relations··································································································99
go.
Article 45, Paragraph 1 and Article 45, Paragraph 2········································································· 99
me.
Comprehensive crime··················································································································· 99
all.
Political Fund Crimes and Bribery 101
la.
Political Fund Crimes and Violations of the Political Parties Act································································································· 102
mind.
Political Fund Crimes and Violations of the Public Official Election Act 103
13 Confiscation and Recovery ············································································································ 103
14 Central Election Management Committee Administrative Interpretation································································································· 107
go.
Cases of Violation of the Political Funds Act······································································ 107
1) Political activities of political parties and party members / 107
2) Political activities of National Assembly members, local council members, and heads of local governments / 108
3) Political activities of other politically active persons / 110
me.
Cases not considered violations of the Political Funds Act ·························································· 110
1) Political activities of political parties and party members / 110
2) Political activities of National Assembly members, local council members, and heads of local governments / 112
3) Political activities of other politically active persons / 113
15 Standards for Social Media Profitable Activities under the Political Funds Act 115
System improvement: Allowing fundraising through social media sponsorship services and blocking illicit political fundraising through book launches. 119
Chapter 4 / Expenses other than political activities
Article 2 (Basic Principles) Paragraph 3
1 Meaning··························································································································· 122
2 Case Law··················································································································· 125
3 Central Election Management Committee Administrative Interpretation ·················································································· 128
go.
Cases in which the use of political funds is permitted 128
1) Expenses related to political party expenses / 128 2) Expenses related to National Assembly members / 129
3) Scholarship-related expenses / 138 4) Attorney-appointment fees and litigation costs / 139
me.
Cases where the use of political funds is not permitted······························································································· 142
1) Expenses of political parties (preparatory committee) / 142 2) Expenses of National Assembly members / 142
4 Punishment······································································································ 143
Strengthening regulations on private use of political funds through institutional reform 144
Chapter 5 / Political Fund Donations and Expenditures, including Anonymous Methods
Article 2 (Basic Principles) Paragraph 4
1 Meaning··········································································································· 146
2 Case Law··················································································································· 148
3 Punishment··················································································································· 149
Chapter 6 / Political Fund Donations in Another Person's Name
Article 2 (Basic Principles) Paragraph 5
1 Meaning··························································································································· 152
2 Case Law··················································································································· 154
3 Punishment··················································································································· 156
Chapter 7 / Donations and Receipt of Political Funds from Organizations, etc.
Article 31 (Restrictions on donations)
1 Meaning·························································································································· 158
2 Legislative History ················································································································ 160
3 Legislative examples from each country···························································································· 160
4 Component Requirements································································································· 162
5 Case Laws 164
go.
Criteria for Determining Funds ‘Related to Groups’··································································································· 164
me.
Cases of 'group-related' funds.......................................................................................... 166
all.
Cases where funds are not considered 'group-related' 169
6 Administrative Interpretation of the Central Election Commission ················································································· 171
A. SNS Activities ·········································································································· 171
me.
Corporate profits·············································································································· 172
all.
Corporate and Organizational Funds··································································································· 172
la.
Local Council Activities ·························································································· 173
mind.
Others························································································· 174
7. Whether the crime of violating the Political Funds Act and the crime of embezzlement with the intent to gain illegal profits are established··············· 174
8 Punishment··················································································································· 175
Chapter 8 / Donations and Receipts Related to Specific Acts
Article 31 (Restrictions on donations related to specific acts)
1 Meaning··························································································································· 179
2 Legislative History ················································································································ 179
3 Contents ······································································································· 180
go.
Restrictions on political donations related to specific acts·················· 180
me.
Recommending a specific person for public office elections (No. 1) ················································ 180
1) Legislative Purpose / 180 2) Subject / 181
3) Meaning 'in relation to recommending a specific person as a candidate' / 183 4) Subjective element / 186
5) Relationship between the crimes of bribery and inducement of interest under the Public Official Election Act and the crime of violating the Political Funds Act / 187
all.
Election of the Chairman and Vice-Chairman of the Provincial Council and the Chairman and Vice-Chairman of the Board of Education,
Election of Superintendent of Education and Board of Education Members (No. 2) ··························································· 189
la.
Requesting or mediating requests for work that public officials are in charge of or handle (No. 3)······································· 192
1) Subject / 192 2) Civil servant / 192
3) Affairs handled and handled by public officials / 195 4) Requests or mediation / 198
5) The Relationship Between Political Funds and Bribes / 198
mind.
Acquiring property rights or interests through a contract with or disposition of a certain corporation
Mediation (No. 4) ···································································· 199
1) Meaning / 199 2) Content / 199
4 Central Election Management Committee Administrative Interpretation································································································· 200
5 Punishment······································································································ 201
Chapter 9 / Mediation of donations to suppress doctors
Article 33 (Restrictions on Solicitation of Donations)
1 Meaning························································································································ 204
2 Contents············································································································ 205
go.
The meaning of 'how to suppress the will of others' ································································ 205
me.
The meaning of 'brokerage'············································································································· 205
3 Case Laws ······································································································································ 206
4 Punishment······································································································ 208
Chapter 10 / Accounting, Reporting, and Disclosure of Political Funds
Article 34 (Report on Appointment of Accounting Manager, etc.)
1 Meaning··········································································································· 212
go.
Accounting Manager ·················································································································· 212
me.
Accounting Officer Duties ···································································································· 212
all.
Appointment and Concurrent Appointment of Accounting Manager················································································· 213
1) Report on Appointment of Accounting Manager / 214 2) Restrictions on Concurrent Positions of Accounting Manager / 215
la.
Deposit Account Opening Report······································································································· 216
2 Central Election Management Committee Administrative Interpretation································································································· 217
go.
The person with the right to elect concurrently serves as the accounting manager··············································································· 217
me.
Concurrently serving as accounting manager for election officials, etc. ················································································ 217
all.
Appointment of the National Assembly Member's Support Committee Accounting Manager for the National Assembly Member's Aide············································ 217
la.
Reporting of Accounting Managers in the Election for a Single Candidate for Party Representative····················· 217
mind.
Whether Saemaul Geumgo is a financial institution································································································· 217
3 Punishment··················································································································· 218
Article 35 (Reporting of Changes in Accounting Manager, etc.)
1 Meaning··········································································································· 219
2 Report of Change in Accounting Manager································································································· 220
3 Punishment··················································································································· 220
Article 36 (Income and expenditure by accounting manager)
1 Meaning··········································································································· 222
2 Income and Expenditure by Accounting Manager································································································· 223
go.
Accounting Manager Income and Expenses ················································································································ 223
me.
Delegated expenditures for accounting assistants ···························································································· 226
all.
Expenditures under the management and control of the accounting manager ················································································ 227
3 Principles for Accounting for Political Funds ····························································································· 227
4. Methods of Spending Political Funds ································································································· 228
5 Campaign Expenditures of Public Official Election Candidates and Preliminary Candidates···························································· 229
6. Whether the purpose for which the expenditure occurred prior to registration as a sponsor is eligible for expenditure···································· 229
7 Case Law························································································································· 230
8 Central Election Management Committee Administrative Interpretation································································································· 231
go.
Political party income and expenditures ························································································································· 231
1) Expenses for party member meetings / 231 2) Expenses for holding party member training sessions by the party member council / 232
3) Whether political party election offices can provide financial support for candidates, etc. / 232
me.
National Assembly Members' Income and Expenditures································································································· 233
1) Use of cash (political funds) overseas by members of the National Assembly / 233
all.
(Prospective) Candidate Income and Expenditures ······························································································· 233
1) Internet Advertising Expenses for Proportional Representation Local Council Elections / 233
2) Expenditure on election office management fees paid regularly through automatic transfer / 233
3) Expenses of party dues paid via automatic transfer before registering as a preliminary candidate / 233
4) Allowances and expenses for election campaign managers, etc. / 234
la.
Primary Candidate Income and Expenditures 234
9 Punishment ······································································································································ 234
Article 37 (Placement and entry of accounting books)
1 Meaning·························································································································· 236
2 Types of Accounting Books····································································································· 237
go.
Political parties (election offices and election contact offices for party-recommended candidates for the presidential election, proportional representation elections for the National Assembly, and
Proportional representation local council member elections (including election offices) ····················································· 237
1) Income and Expenditure Accounts (Refer to Table 1 of the Political Fund Management Rules, ‘Income and Expenditure Item List’) / 237
2) Accounting ledger: 〈Form 33 of the Rules〉 / 241
me.
Supporters Association···································································································· 241
1) Income and Expense Accounts / 241 2) Income Accounts / 241
3) Expense Account / 242 4) Accounting Book: 〈Form No. 33 of the Rules〉 / 243
all.
Members of the National Assembly, presidential primary candidates, party leader primary candidates, etc. with support groups, public office elections
Candidates · Prospective Candidates · ...
1) Income and Expense Accounts / 245 2) Income Accounts / 245
3) Expense Account / 246 4) Accounting Book: 〈Form No. 34 of the Rules〉 / 246
3. Spending Methods································································································· 246
4. Timing of expenditures.......................................................................................................... 247
5. Accounting ledger placement and entry.......................................................................................... 247
go.
Beach ledger.......................................................................................................................... 247
me.
Bookkeeping Instructions·························································································································· 247
all.
Precautions when filling out the form ·························································································· 248
6 Closing the Accounting Books·········································································································· 248
go.
Deadline·································································································· 248
me.
Closing method.......................................................................................................................... 249
7 Case Law························································································································· 249
8 Constitutional Court Decisions 250
9 Punishment ······································································································································ 252
Article 38 (Accounting of political parties)
1 Meaning··········································································································· 253
Accounting of the two parties··········································································································· 254
go.
Accounting procedures to be stipulated in the party constitution and party rules······································································ 254
me.
Quarterly accounting status check and inspection and disclosure of results······················································ 254
3. Processing of Political Fund Expenditures··································································································· 255
go.
Purchase and Payment Inquiry····························································································· 255
me.
Expenditure Cause Action (Contract Conclusion, etc.) ·································································································· 255
all.
Expenditure Resolution··············································································································· 255
4 Central Election Management Committee Administrative Interpretation································································································· 256
go.
Central Party's Lease and Accounting Processing of Party Offices ·················································································· 256
me.
Support for the operating expenses of political party members' National Assembly offices, etc.··············································································· 256
all.
Political parties provide election subsidies to candidates for local council elections······································ 256
la.
Central Party's Accounting for Party Leases and Rental Income······················································ 257
5 Punishment······································································································ 257
Article 39 (Receipts and other supporting documents)
1 Meaning ········································································································· 257
2 Obligation to keep receipts·········································································································· 258
3 Reasons for Exception to Receipt Preparation.......................................................................... 259
4 Reasons for omitting receipt submission when reporting accounts················································································· 260
5 Frequently Asked Questions About Accounting Reports in Public Official Elections ···················································· 260
go.
Candidates may use their own vehicles, etc. for public speeches and discussions.
Case accounting treatment method········································································································ 260
me.
In relation to election campaigns, vehicles owned by election officials, volunteers, or relatives of candidates
Whether or not support is available free of charge and, if so, how to account for it············261
all.
Can a prospective candidate pay rent if he or she leases a building (office) owned by him or her?······· 263
la.
Accounting method when a candidate borrows money from another person····················· 263
mind.
Accounting for drinks brought by visitors to the election office opening ceremony··············· 263
bar.
In charge of simple tasks (word processing, serving tea, cleaning, etc.) at the election office or election contact office
Scope of wages payable to workers·········································································································· 263
Article 40 (Accounting Report)
1 Meaning ········································································································· 267
2 Accounting Reporting Subjects ························································································································· 267
3 Timing of Accounting Reports ·········································································································· 268
go.
Political parties······································································································ 269
1) Years in which no public elections were held / 269
2) Year of participation in national public elections / 269
3) Years of participation in by-elections for public office held in some regions / 269
4) Other (Central Party Preparatory Committee with a political party and support group) / 269
me.
Central Party Supporters' Association (including the Central Party Foundation Preparatory Committee Supporters' Association) and National Assembly Member Supporters' Association···················· 270
all.
Presidential primary candidates, party leadership primary candidates, and their supporters··················································· 270
la.
Candidates, preliminary candidates, and their supporters in public elections··································································· 270
mind.
Members of the National Assembly with support groups·················································································· 271
4. Accounting Report Matters.......................................................................................................................................... 271
5 Accounting Report Documents············································································································ 272
6 Report on Political Fund Support Details ······························································································· 272
go.
Grants······················································································································· 272
me.
Subsidy income and expenditure··································································································· 273
all.
Settlement method for the remaining amount of subsidy used, etc. ································································································· 273
la.
Report on Political Funding Details····························································································· 274
7 Report on the list of donors of the sponsorship association ···························································································· 274
8. Signature and Seal of the Covenant ························································································································· 275
9 Case Law··················································································································· 275
10 Central Election Management Committee Administrative Interpretation················································································· 276
go.
Donations after Election Day, etc. ························································································· 276
me.
Deadline for accounting reports of those who failed the preliminary election, etc.························ 276
all.
Accounting of the Support Committee for Elected Members of the National Assembly ················································································ 276
11 Punishment··················································································································· 277
Article 41 (Self-audit of accounting reports, etc.)
1 Meaning·························································································································· 278
2 Contents············································································································ 278
go.
Internal Controls on Political Fund Accounting Processing 278
1) Review and resolution by the representative body (including its delegated body) or the Budget and Settlement Committee / 278
2) Audit by internal auditing agency / 279
me.
External Control over Political Fund Accounting ·································································· 279
1) Audit by a certified public accountant / 279 2) Public notice of accounting report details / 280
3) Inspection, objection, and issuance of copies of accounting reports, including property and income/expenditure details / 280
4) The National Election Commission's power to investigate accounting matters / 280
3 Punishment··················································································································· 280
Article 42 (Inspection and issuance of copies of accounting reports, etc.)
1 Meaning··········································································································· 281
2 Legislative History ················································································································ 282
3. Inspection and issuance of copies of accounting reports, etc. ················································································ 283
go.
Announcement of Accounting Report Details, etc. ································································································ 283
me.
Inspection of accounting reports, etc. ·················································································· 283
1) Location and Facilities / 284 2) Viewing Period and Target / 284
all.
Issuance of copies of accounting reports, etc. ···························································································· 286
la.
Documents subject to inspection and copy issuance········································································································ 287
4. Whether or not the reasons for nondisclosure under the Act on Disclosure of Public Institution Information apply. 288
5 Prohibition on Use of Political Donation Details for Political Purposes ····················································· 290
6 Objection to Accounting Report Details ·················································································· 291
go.
Objection period, subject, and method ···························································································· 291
me.
Handling Objections ················································································· 291
7 Punishment ········································································································································· 292
8 Disclosure of Accounting Reports by Country ································································································ 292
go.
Status of Disclosure of Accounting Reports in Each Country ·························································································· 292
me.
Accounting Reporting and Disclosure Systems in the UK and the United States 294
1) United Kingdom: Electoral Commission's Accounting Reporting System / 294 2) United States / 294
all.
Comparison of Political Funding Disclosure Systems in Korea and the United States 298
la.
Korea's Open Watch (openwatch.kr) ················································································ 299
300 Permanent Internet Disclosure of Political Fund Income and Expenditures for System Improvement
Article 43 (Request for submission of data, etc.)
1 Meaning··························································································································· 302
2. Right to investigate income and expenditure of election expenses·········································································································································· 302
go.
Investigative Subject·································································································· 302
me.
Reason for investigation·················································································································· 303
all.
Scope of the investigation··································································································· 303
3 Relationship with the right to investigate political funding crimes (Article 52 of the Political Funds Act)······················································ 303
go.
Comparison of the investigative powers of Articles 43 and 52················································································································································· 303
me.
Comparison of the penalties under Articles 43 and 52··································································································································································· 304
4 Conflicts with other laws................................................................................................. 304
5 Punishment······················································································································ 305
Article 44 (Transfer and preservation of accounting books, etc.)
1 Meaning··························································································································· 306
2 Transfer of accounting books, etc. to the person with the authority to appoint................................................................. 306
3 Preservation and consignment of accounting books, etc. ················································································································································································ 307
4 Punishment······················································································································ 307
Chapter 11 / Major Violations Related to Election Expenses
Article 49 (Penalties for Violations Related to Election Expenses)
1 Meaning························································································································ 311
2 Key Issues ················································································································ 314
go.
Crimes of Failure to Submit Accounting Reports, etc. (Article 1) .......................................................................................... 314
1) Meaning / 314 2) Subject / 316
3) Acts / 316 4) Case Law / 317
5) Prisoner Relations / 322
me.
Crime of False Entry in Supporting Documents (Article 2, Paragraph 6) ················································································ 324
1) Meaning / 324 2) Receipts and other supporting documents / 324
3) Case law / 325
all.
Non-accounting officer income and expenditure crime (Article 2, Paragraph 3)········································································· 327
1) Subject / 327 2) Expenditures by accounting assistants / 328
3) Scope of application of expenditure by the accounting manager according to the time of occurrence of political fund expenditure reason / 329
4) The candidate's personal assets are reported to the accounting manager and
In the case of not receiving or spending income through a deposit account / 329
5) Purchase and · of Article 49, Paragraph 2, Subparagraph 3 of the Political Funds Act and the Public Official Election Act
Whether there is a legal conflict with the crime of inducing interest, etc. / 330
la.
Unreported Account Income and Expenditure Crime (Article 2, Paragraph 3)···························································· 330
1) Subject / 330 2) Income and expenditure through a political party's deposit account not reported to the National Election Commission / 331
3) Appointment of an Accounting Officer · Receipt and expenditure of election expenses not through a pre-declaration deposit account / 331
4) Prisoner Relations and Separation Sentences / 332 5) Payment of Allowances and Expenses for Election Campaign Managers, etc. / 332
mind.
Failure to Report Deposit Accounts and Accounting Managers (Article 2, Paragraph 2) 332
333 Measures to improve the system and prevent false election expense claims
Chapter 12 / Party dues
Article 4 (Party Dues), Article 5 (Party Dues Receipt)
1 Meaning··························································································································· 337
2. Number of members and party dues of Korean political parties (2022.
12.
31.
(Current)························································· 338
go.
Number of party members.......................................................................................................................... 338
1) Number of party members by party / 338 2) Number of party members compared to the number of voters / 338
me.
Party Dues Status ································································································· 339
1) Status of Party Dues Payers Compared to the Previous Year / 339 2) Status of Party Dues Payers by Political Party / 340
3. Status of party dues in each country ························································································································· 340
4 Contents ························································································································· 341
go.
Relationship with the Political Parties Act ·································································································· 341
me.
Special Party Dues·································································································· 342
all.
Accounting Report of Party Dues·········································································································· 343
la.
The nature and characteristics of the sponsorship membership and sponsorship dues system, etc. ······························································ 343
mind.
Payment of party dues after obtaining civil servant status················································································································· 344
bar.
Whether or not it constitutes a donation under the Public Official Election Act ································································································ 345
buy.
Handling of party dues paid under another person's name or pseudonym·································································································· 345
ah.
Subject to national treasury attribution under the Political Funds Act and the Political Parties Act······································································ 346
1) Political Funds Act / 346 2) Political Parties Act / 348
ruler.
Party dues receipt ······························································································································· 348
1) Production of party dues receipts / 348 2) Issuance of receipts / 349
3) Comparison of party dues receipts and political fund receipts from support groups / 350
5 Central Election Management Committee Administrative Interpretation··················································································································· 351
go.
Payment of party dues prior to central party registration is possible. 351
me.
Payment of party dues to other city/provincial chapters of the same political party, etc.······································································ 352
all.
The nature of the Political Party Steering Committee membership fee and the return of the primary election deposit ································································ 352
la.
Paying party dues from salary deductions··················································································································· 352
mind.
Party members' dues fundraising activities·················································································· 353
bar.
Payment of corporate party dues·········································································································· 353
buy.
Fundraising of party dues through party bonds·································································································· 353
ah.
Exemption from party dues, etc. ·········································································································· 353
ruler.
Tax exemption for party dues donated to the preparatory committee for the party's founding·················································································· 353
car.
Paying membership dues with KT Points··························· 354
card.
Payment of party dues through bank transfers·············································································· 354
get on.
When paying party dues through the telephone payment system, etc., issuance of party dues receipts··································· 354
green onion.
Issuance of total party dues receipts ················································································································ 354
6 Penalties ········································································································································· 354
Chapter 13 / Sponsors and Sponsorships
Article 6 (Sponsorship Committee Designation Authority)
1 Significance of the Sponsorship System··································································································· 359
2 Legal Regulations on Sponsorships············································································· 359
go.
The need for regulation·············································································································· 359
me.
Regulatory Contents ················································································································ 360
all.
Prohibition of the formation of similar organizations by supporters' associations············································································ 361
3 Expansion of Sponsorship Designation Rights································································································· 362
4 Central Election Management Committee Administrative Interpretation································································································· 363
go.
Designation of a support group for a political party's youth supreme committee candidate································································· 363
me.
Designation of a support group for a political party's deputy representative primary candidate····················· 363
all.
Designation of a Support Committee for Party Primary Candidates for the Election of Supreme Council Members················································ 364
la.
A person who has registered as a preliminary candidate for the presidential election
Detailed image
Publisher's Review
Political funds are a mirror reflecting the state of society.
The political funding of an era reflects the political activities and interactions of the people living in that era.
It is the grammar and self-portrait of the political community.
Political funds in the past have often been used to support the weight of corruption.
But today, we are discovering that political funding is no longer a driving force behind corruption, but rather a driving force behind the advancement of democracy.
Political funds, when kept behind closed doors, become a source of corruption, but when they come out into the open, they become a driving force for political development.
Political funds can be a political language of distribution and care, rather than a tool of power.
The fundraising and use of political funds is the foundation of politics.
Political funding is no longer simply an influx of funds; it serves as a tool for representing the voices and participation of citizens with diverse opinions and perspectives.
It contributes to creating a more fair and transparent political culture.
Political funding begins as small, invisible particles, much like snow, that form the large snowballs of democracy.
It is a general property of money.
But when money is transformed into legitimate political funds, these small particles become compound interest and stepping stones that support political activities.
It is a key source for listening to and realizing the voices of ordinary citizens in the market and subway.
These small, multi-money political funds grow like a snowball, surrounded by the support and cooperation of various stakeholders, like marbles, and gradually exert a powerful force like the "snowball effect."
Political funds turn a lifeless, cold lump of snow into a snowman of joy and empathy.
It becomes a symbol representing the evolution and growth of democracy.
Political funds that permeate the political process are the seeds of democracy that strengthen the principles of democracy and wisely distribute power and responsibility.
Just as a seed must rot in the ground in order to bloom and bear fruit.
Over time, the Political Funds Act has changed and evolved in accordance with the changes and developments in our country's politics and society.
While there have been numerous papers introducing the content and theory of political funding laws whenever they are enacted or revised, there are few books that systematically organize practical examples and guidelines that can be directly applied in the field.
This book was designed to emphasize the importance and practical applicability of the Political Funds Act.
We cover a variety of topics, from the basic principles of political funding law to fund raising and use, monitoring, and sanctions, and strive to help people understand and apply political funding law from a practical perspective.
In keeping with the title, “Understanding the Political Funds Act: Theory, Practice, and Prospects,” this book sequentially explains each article of the Political Funds Act, delving deep into legal theory and its relationship with other political laws, such as the Public Official Election Act. It explores the concrete realization of validity through case law and the National Election Commission’s administrative interpretations, and, in addition to securing a broader perspective through an introduction to overseas political funding systems, seeks ways to improve the quality of political funding systems.
This book is a distillation of the generous thoughts, wisdom, and stories gathered through the eyes and ears of our colleagues at the National Election Commission at all levels, who are struggling and dedicating themselves to protecting democracy in the fiercely contested election landscape.
I took up the pen with the ethics of responsibility and conviction, which are fairness and justice.
I wanted to write in ink the waves of democracy hidden in the nature, intensity, twists and turns, and secrecy of political funds, which flow deeply and constantly like the winding river of real politics.
But the many are stronger than the few.
I hope that political laws, including the Political Funds Act, the Public Official Election Act, and the Political Parties Act, will become the true pillars of the rule of law.
I wish the political relations law was for the citizens.
As a legal scholar put it, I hope that political relations law will also be a stepping stone to human rights, peace, and democracy.
“The problem is the relationship between the ruler and the law.
When the law is above the ruler, we call it the 'rule of law' or 'rule of law', and when the law is below the ruler, we call it the 'rule by law'.
The former law is a law that controls and restrains power in order to protect the freedom and rights of the people.
The latter law is the means by which rulers exercise their power and is law as violence.
The former law is a vessel that contains human rights, peace, and democracy, but the latter law merely serves as a conduit for a governing strategy that alienates and otherizes the people from politics.
So, unlike a democratic society where law governs politics, an authoritarian society uses violence disguised as law, rather than law, as a means of politics.
“It is an attempt to conceal and cover up the violence of the state through the law.”
To all those I met on my commute from Suwon to Yangju, who directly motivated and inspired me to write this book, I hope that Carl Sagan's beautiful tribute will brighten and enrich their lives.
“It has been a great joy for me to be able to spend a fleeting moment with you on this small planet called Earth, amidst the immeasurable vastness of space and the incalculable length of time (Cosmos).”
Finally, I would like to express my gratitude to my beautiful wife, Myeongmi, and my beloved daughter, Seohyun, and son, Seojun, for their warm support and endless understanding in the completion of this book.
Every moment spent with them gave me great strength, and this book is an expression of that gratitude and love.
“The storm is the friend of those who move forward (Nietzsche)”, courage,
“Act in such a way that the consequences of your actions are likely to avoid or reduce human misery as much as possible (Artur Kaufmann)” Tolerance,
This is a simple wish that Seohyun and Seojun will remember on their path to growth and maturity.
The political funding of an era reflects the political activities and interactions of the people living in that era.
It is the grammar and self-portrait of the political community.
Political funds in the past have often been used to support the weight of corruption.
But today, we are discovering that political funding is no longer a driving force behind corruption, but rather a driving force behind the advancement of democracy.
Political funds, when kept behind closed doors, become a source of corruption, but when they come out into the open, they become a driving force for political development.
Political funds can be a political language of distribution and care, rather than a tool of power.
The fundraising and use of political funds is the foundation of politics.
Political funding is no longer simply an influx of funds; it serves as a tool for representing the voices and participation of citizens with diverse opinions and perspectives.
It contributes to creating a more fair and transparent political culture.
Political funding begins as small, invisible particles, much like snow, that form the large snowballs of democracy.
It is a general property of money.
But when money is transformed into legitimate political funds, these small particles become compound interest and stepping stones that support political activities.
It is a key source for listening to and realizing the voices of ordinary citizens in the market and subway.
These small, multi-money political funds grow like a snowball, surrounded by the support and cooperation of various stakeholders, like marbles, and gradually exert a powerful force like the "snowball effect."
Political funds turn a lifeless, cold lump of snow into a snowman of joy and empathy.
It becomes a symbol representing the evolution and growth of democracy.
Political funds that permeate the political process are the seeds of democracy that strengthen the principles of democracy and wisely distribute power and responsibility.
Just as a seed must rot in the ground in order to bloom and bear fruit.
Over time, the Political Funds Act has changed and evolved in accordance with the changes and developments in our country's politics and society.
While there have been numerous papers introducing the content and theory of political funding laws whenever they are enacted or revised, there are few books that systematically organize practical examples and guidelines that can be directly applied in the field.
This book was designed to emphasize the importance and practical applicability of the Political Funds Act.
We cover a variety of topics, from the basic principles of political funding law to fund raising and use, monitoring, and sanctions, and strive to help people understand and apply political funding law from a practical perspective.
In keeping with the title, “Understanding the Political Funds Act: Theory, Practice, and Prospects,” this book sequentially explains each article of the Political Funds Act, delving deep into legal theory and its relationship with other political laws, such as the Public Official Election Act. It explores the concrete realization of validity through case law and the National Election Commission’s administrative interpretations, and, in addition to securing a broader perspective through an introduction to overseas political funding systems, seeks ways to improve the quality of political funding systems.
This book is a distillation of the generous thoughts, wisdom, and stories gathered through the eyes and ears of our colleagues at the National Election Commission at all levels, who are struggling and dedicating themselves to protecting democracy in the fiercely contested election landscape.
I took up the pen with the ethics of responsibility and conviction, which are fairness and justice.
I wanted to write in ink the waves of democracy hidden in the nature, intensity, twists and turns, and secrecy of political funds, which flow deeply and constantly like the winding river of real politics.
But the many are stronger than the few.
I hope that political laws, including the Political Funds Act, the Public Official Election Act, and the Political Parties Act, will become the true pillars of the rule of law.
I wish the political relations law was for the citizens.
As a legal scholar put it, I hope that political relations law will also be a stepping stone to human rights, peace, and democracy.
“The problem is the relationship between the ruler and the law.
When the law is above the ruler, we call it the 'rule of law' or 'rule of law', and when the law is below the ruler, we call it the 'rule by law'.
The former law is a law that controls and restrains power in order to protect the freedom and rights of the people.
The latter law is the means by which rulers exercise their power and is law as violence.
The former law is a vessel that contains human rights, peace, and democracy, but the latter law merely serves as a conduit for a governing strategy that alienates and otherizes the people from politics.
So, unlike a democratic society where law governs politics, an authoritarian society uses violence disguised as law, rather than law, as a means of politics.
“It is an attempt to conceal and cover up the violence of the state through the law.”
To all those I met on my commute from Suwon to Yangju, who directly motivated and inspired me to write this book, I hope that Carl Sagan's beautiful tribute will brighten and enrich their lives.
“It has been a great joy for me to be able to spend a fleeting moment with you on this small planet called Earth, amidst the immeasurable vastness of space and the incalculable length of time (Cosmos).”
Finally, I would like to express my gratitude to my beautiful wife, Myeongmi, and my beloved daughter, Seohyun, and son, Seojun, for their warm support and endless understanding in the completion of this book.
Every moment spent with them gave me great strength, and this book is an expression of that gratitude and love.
“The storm is the friend of those who move forward (Nietzsche)”, courage,
“Act in such a way that the consequences of your actions are likely to avoid or reduce human misery as much as possible (Artur Kaufmann)” Tolerance,
This is a simple wish that Seohyun and Seojun will remember on their path to growth and maturity.
GOODS SPECIFICS
- Date of issue: January 31, 2024
- Page count, weight, size: 672 pages | 188*254*40mm
- ISBN13: 9791130345949
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