POLITICAL FUND ACT

Expand Act No. 7191, Mar. 12, 2004 

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 Article 1 (Purpose)  
The purpose of this Act is to contribute to the sound development of democracy by guaranteeing an optimum supply of political funds, making the status of receipts and disbursement of such funds open to the public, and securing their transparency of and preventing any injustice relating to the political funds. <Amended by Act No. 7191, Mar. 12, 2004>
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 Article 2 (Basic Principles)  
(1) No person may contribute or receive any political funds except by this Act.
(2) Political funds shall be fairly used so as not to provoke the people’s suspicion, and a statement of accounts thereof shall be made open to the public. <Amended by Act No. 4740, Mar. 16, 1994>
(3) The political funds shall be disbursed only to cover expenses required for political activities, not for any private expenses or unlawful purpose. <Added by Act No. 4740, Mar. 16, 1994>
(4) Any person who makes a donation of political funds exceeding one million won per time and who makes a disbursement of political funds exceeding half a million won per time shall make them by a check, credit card, payment in a deposit account and other means capable of verifying real names: Provided, That any disbursement falling short of half a million won per time may be made in cash, but shall not exceed 20/100 of the gross amount of annual payments. <Added by Act No. 7191, Mar. 12, 2004>
(5) No one may make a contribution of political funds in other’s names or under assumed names. <Added by Act No. 7191, Mar. 12, 2004>
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 Article 3 (Definitions)  
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4463, Dec. 31, 1991; Act No. 4740, Mar. 16, 1994; Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
1. “Political party” means a central party and City/Do parties of a political party registered with the National Election Commission under the Political Parties Act;
2. “Political funds” means the party members fee, supporting money, deposit money, subsidy, public collection money or valuables of the supporters’ association, incidental incomes specified in the constitution and regulations, etc. of a political party, and the money, securities or other objects provided for political parties [including a preparatory committee for establishing a central party under Article 8 (reports) of the Political Parties Act], any person elected by the election (hereinafter referred to as the “election of public officials”) under the provisions of Article 2 (Scope of Applications) of the Act on the Election of Public Officials and the Prevention of Election Malpractices (hereinafter referred to as the “Act on the Election of Public Officials”), the candidates for the election of public officials or persons intending to become the candidates, the executives of the supporters’ association or political parties, or the staff members on payroll, and other persons making political activities, and the expenses required for such persons;
3. “Contribution” means all activities to provide political funds by any individuals, supporters’ association and other persons for the political activities. In such case, where any third party has borne or disbursed the expenses required for political activities by those who make political activities, and the gratuitous lending of money, valuables or the facilities, the exemption or reduction of debts, the acts to give other benefits, etc. shall be regarded as a contribution;
4. “Party members fee” means money, securities or other objects that members of a party shall bear under the constitution and regulations of a political party, regardless of its titles;
5. “Supporting money” means money, securities or other objects that members of a supporters’ association pay to the association under this Act;
6. “Deposit money” means money, securities or other objects that any individual deposits to the competent election commission under this Act, with the intention of donating political funds to a political party;
7. “Subsidy” means money or securities that the State grants to political parties in order to protect and foster the political parties; and
8. “Supporters’ association” means an organization that is established and operated for the purpose of donating the political funds to an authority to designate supporters’ association under the provisions of Article 5 (Supporters’ Association) (1), which has been registered with the competent election commission.
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 Article 4 (Party Members Fee)  
(1) Political parties may receive the party members fee.
(2) When a person in charge of the political parties’ accounting has received a payment of the party member’s fee from a party member, shall issue within 30 days a receipt for party member’s fee which states the date and amount of payment and the payer’s name, etc., and keep its original register: Provided, That where the personnel matters for the payer of party member’s fee are not verifiable, the said receipt may be issued within 30 days from the date next to the issuance deadline of receipts of party member’s fee. <Added by Act No. 7191, Mar. 12, 2004>
(3) A person in charge of the political parties’ accounting shall revert any party member’s fee paid in other’s names or under assumed names to the national treasury. <Added by Act No. 7191, Mar. 12, 2004>
(4) The receipt for party member’s fee under the provisions of paragraph (2), the procedures for reversion to the national treasury under provisions of paragraph (3) and other necessary matters shall be determined by the Regulations of the National Election Commission. <Added by Act No. 7191, Mar. 12, 2004>
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 Article 5 (Supporters’ Association)  
(1) Persons falling under any of the following subparagraphs (herein after referred to as the “authority to designate supporter’s association”) may respectively designate one supporters’ association: <Amended by Act No. 7191, Mar. 12, 2004>
1. Central party of a political party [including a preparatory committee under the provisions of Article 8 (Reports) of the Political Parties Act], City/Do parties of a political party;
2. Members of the National Assembly;
3. Reserve candidate intending to become a candidate for intraparty competitive election for the Presidential election [referring to a reserve candidate registered under the provisions of Article 60-2 (Registration of Reserve Candidates) (1) of the Act on the Election of Public Officials (hereinafter referred to as the “reserve candidate for competitive election for the Presidential election). In such case, when the date of competitive election for a selection of candidate for the Presidential election under the constitution and regulations, etc. of the relevant political party has been fixed before the date of com mencing a registration of reserve candidates for a competitive election for the Presidential election, he shall be regarded as a reserve candidate for a competitive election for the Presidential election from the said time];
4. Candidate for a election of members of the National Assembly for a local constituency (hereinafter referred to as the “local district”) and reserve candidates [referring to reserve candidates registered under the provisions of Article 60-2 (Registration of Reserve Candidates) (1) of the Act on the Election of Public Officials. Hereinafter referred to as the “candidates for members of the National Assembly”]: Provided, That a case where any candidates, etc. for members of the National Assembly are the members of the National Assembly who have formed a supporter’s association, shall be excluded; and
5. Candidates for a intraparty competitive election for the representative of the central party of a political party [referring to the central party under the provisions of Article 3 (Composition) of the Political Parties Act].
(2) When an authority to designate supporter’s association designates the supporters’ association or withdraws such a designation, it shall inform within 14 days the competent election commission thereof. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 7191, Mar. 12, 2004>
(3) Any person may be a member of one or more supporters’ associations by his own will: Provided, That with respect to persons who may not make a contribution under the provisions of Article 12 (Restriction on Dona tion) (1), and who are ineligible for party membership under the provisions of Article 6 (Qualifications of promoters and party members) of the Political Parties Act, this shall not apply. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
(4) A supporters’ association shall be composed of individuals. <Amended by Act No. 7191, Mar. 12, 2004>
(5) A supporters’ association for a central party may establish one branch office in the Special Metropolitan City, Metropolitan City and Do, respectively, under the conditions as prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994; Act No. 5413, Nov. 14, 1997>
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 Article 6 (Functions of Supporters’ Association)  
(1) A supporters’ association may, after making a registration under the provisions of Article 8 (Application, etc. for Registration of the Supporters’ Association), receive the supporting money from its members or collect money and valuables from persons who are not its members, and donate such money to a relevant authority to designate supporter’s association: Provided, That the collection of any money and valuables under the provisions of Article 6-4 (Recruitment Methods of Money and Articles) (2) may be made only after reporting such collection to the competent election commission. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 5128, Dec. 30, 1995; Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
(2) Whenever any supporters’ association donates money and valuables to an authority to designate supporter’s association, a person in charge of the accounting of the supporters’ association shall report the details within 30 days to the competent election commission. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 5128, Dec. 30, 1995; Act No. 7191, Mar. 12, 2004>
(3) The City/Do party supporters’ association, supporters’ association for members of the National Assembly elected in a local district or supporters’ association for the candidates for members of the National Assembly in a local district, may recruit members or raise funds outside the district under its jurisdiction, and the supporters’ association for members of the National Assembly elected in a local district or supporters’ association for the candidates for members of the National Assembly in a local district may establish its office and liaison office in the Seoul Special Metropolitan City and the local district. <Added by Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
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 Article 6-2 (Limits to Contributions by Supporters, etc.)  
(1) The money and valuables that supporters (referring to the members of supporters’ association, and persons who are not the members; Hereinafter the same shall apply) are permitted to pay or donate to their association shall not exceed 20 million won a year. <Amended by Act No. 6270, Feb. 16, 2000; Act No. 7191, Mar. 12, 2004>
(2) The money and valuables that supporters are permitted to pay or donate to one association a year [for the supporters’ association for the reserve candidates for a competitive Presidential election, candidates for a competitive election of the party representative (hereinafter referred to as the “candidates, etc. for the Presidential election or the party representative competitive election), candidates, etc. for the National Assembly members, referring to the period in which the relevant supporters’ association may be placed], shall not exceed the amount falling under any of the following subparagraphs: <Amended by Act No. 6270, Feb. 16, 2000; Act No. 7191, Mar. 12, 2004>
1. 10 million won for a supporters’ association organized for the central party of a political party, or a supporters’ association organized for reserve candidates for a competitive Presidential election;
2. Five million won for a supporters’ association organized for a City/Do party; and
3. Five million won for a supporters’ association organized for the National Assembly members, candidates for the National Assembly members, etc., candidates for a competitive election of the party representative.
(3) If a person, who is not a member of a supporters’ association, contributes any money and valuables under the provisions of Article 6-4 (1), the money and valuables not exceeding 100,000 won each time, and not exceeding one million won a year, may be contributed anonymously. <Added by Act No. 4497, Nov. 11, 1992; Act No. 7191, Mar. 12, 2004>
(4) If a person, who is not a member of the supporters’ association, makes a contribution in excess of the ceiling of anonymous contributions under the provisions of paragraph (3) or in other’s name or an assumed name, a person in charge of the accounting of the relevant supporters’ association shall revert such excess, or the amount donated in other’s name or an assumed name, to the National Treasury. <Added by Act No. 4497, Nov. 11, 1992; Act No. 7191, Mar. 12, 2004>
(5) Each member of a supporters’ association shall pay annually the supporting money of not less than ten thousand won or an equivalent value. <Added by Act No. 4740, Mar. 16, 1994>
(6) Deleted. <by Act No. 7191, Mar. 12, 2004>
(7) The procedures of the reversion to the National Treasury as referred to in paragraph (4), and other necessary matters shall be prescribed by the Regulations of the National Election Commission. <Added by Act No. 4497, Nov. 11, 1992>
[This Article Added by Act No. 4186, Dec. 30, 1989]
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 Article 6-3 (Limits to Fund Raising or Contributions by Supporters’ Association)  
(1) The ceiling of contributions raisable a year (in a case of the sup porters’ association for candidates, etc. for the Presidential election or a competitive election of party representative and the members of the National Assembly, referring to the period in which the relevant supporters’ association may be organized; the same shall apply to paragraph (2) of this Article) by any supporters’ association (hereinafter referred to as the “ceiling of contributions raisable a year”, and it shall not include any balance carried forward from the preceding year) shall be based on each of the following subparagraphs, but any supporters’ association falling under the provisions of Article 6-8 (Scopes, etc. of Fiscal Years Wherein Election of Public Offices is Held) (2) in a fiscal year wherein an election of public offices is held, may make a raise of contributions up to twice that amount: Provided, That the same shall not apply to the case where the ceiling of contributions raisable a year has been inevitably exceeded due to a raise of contributions by credit cards, deposit accounts, telephone, Internet digital settlement systems, etc., but thereafter no support money shall be received from the supporters or no money nor valuables may be recruited:
1. Supporters’ association for the central party: Five billion won;
2. Supporters’ association for the City/Do party: 500 million won;
3. Supporters’ association for the reserve candidates for a competitive Presidential election: Amount equivalent to 5/100 of the limits of election expenses (referring to the limits of election expenses for the Presidential election publicized pursuant to the Regulations of the National Election Commission) under the provisions of Article 122 (Public Notice of Limits of Election Expenses) of the Act on the Election of Public Officials;
4. Supporters’ association for the National Assembly members, candidates for the National Assembly members and candidates for a competitive party representative election: 150 million won respectively.
(2) The ceiling of contributable amount a year by the supporters’ association to the authority to designate supporter’s association (hereinafter referred to as the “limits of contributions a year”) shall be the amount identical with the ceiling of contributions raisable a year under the provisions of paragraph (1).
(3) When the political funds collected or raised a year by a supporters’ association exceeds the limits of contributions a year, such an excess may be contributed by carrying it over to the next fiscal year.
(4) Notwithstanding the provisions of paragraphs (1) and (2), where in the wake of a dissolution of a supporters’ association under the provisions of Article 10 (Dissolution, etc. of Supporters’ Association), if the same authority to designate supporter’s association places a new supporters’ association, any support money raised or contributed by the said supporters’ association shall be the amount obtained by deducting the amount raised or contributed by the previous supporters’ association from the ceiling of contributions raisable a year and the limits of contributions a year of the relevant supporters’ association (including the time when a reserve candidate for the National Assembly member who placed a supporters’ association under the proviso of Article 10 (1) have registered as a candidate for the National Assembly member).
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 6-4 (Method, etc. of Raising Money and Other Valuables)  
(1) Any supporters’association may raise money and other valuables through the mail and telecommunication (referring to the telephone, Internet digital settlement systems, etc.), advertisement, or exchange with a receipt for the political funds (referring to the fixed amount receipt and non-fixed amount receipt; hereinafter referred to as the “receipt for the political funds”) produced by the National Election Commission, and credit cards or deposit accounts, etc. and other means which are not in contravention of this Act, the Political Parties Act and the Act on the Election of Public Officials: Provided, That the supporters’association shall be prohibited from raising money and other valuables through the means of a rally. <Amended by Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
(2) The supporters’ association falling under any of the following subparagraphs may, in the case of raising money through an advertisement, raise money and other valuables only once respectively during the period of an election for public offices: <Amended by Act No. 7191, Mar. 12, 2004>
1. In the case of the Presidential election; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party, and supporters’ association for the National Assembly member of local district;
2. In the case of a general election of the National Assembly members; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party of a political party, and supporters’ association of the National Assembly member registered as candidate, etc. for the relevant district constituency, and supporters’ association for the National Assembly member; and
3. In the case of a concurrent local election due to an expiration of term of office; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party of a political party which has recommended candidates for constituencies within the competent district, and supporters’ association for the National Assembly member of a local district of a political party which has recommended candidates for the relevant constit uency.
(3) The supporters’ association may not do any act supporting or propagating any person who wishes to run for the election for public office, or any candidate for such election, or any act which may become tantamount to an election campaign, taking advantage of the opportunity to raise any money and other valuables as referred to in paragraph (1). <Amended by Act No. 5128, Dec. 30, 1995>
(4) When the supporters’ association has raised any money or other valuables, the amount calculated by deducting the expenses directly incurred in raising the money and other valuables from the amount raised shall be contributed without delay to the authority to designate supporter’s association. <Amended by Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
[This Article Wholly Amended by Act No. 4740, Mar. 16, 1994]
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 Article 6-5 (Raising of Money through Mail or Communications)  
(1) and (2) Deleted. <by Act No. 7191, Mar. 12, 2004>
(3) In the case of raising money by means of mail or telecommunication, the name of the supporters’ association, purpose of raising money and valuables, and the place and method of payment, and the mention of soliciting the fund-contribution may be made known to the public by a method as prescribed by the Regulations of the National Election Commission. <Amended by Act No. 5128, Dec. 30, 1995; Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
(4) through (6) Deleted. <by Act No. 7191, Mar. 12, 2004>
[This Article Wholly Amended by Act No. 4740, Mar. 16, 1994]
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 Article 6-6 (Raising of Money through Advertisement)  
(1) Any advertisement to raise any money and other valuables shall be limited to four times for one fund-raising event by using periodicals registered with the Minister of Culture and Tourism under the provi sions of Article 7 of the Registration, etc. of Periodicals Act, in conformity with the following criteria: <Amended by Act No. 7191, Mar. 12, 2004>
1. An advertisement in the newspaper shall not be more than 17cm in length and 18.5cm in width; and
2. An advertisement inserted in periodicals other than newspapers, shall not be more than two pages of the relevant periodicals.
(2) Deleted. <by Act No. 5128, Dec. 30, 1995>
(3) The advertisement as referred to in paragraph (1) may include and publish the name of the supporters’ association, purpose of raising money and other valuables, and place where the money is paid, method of payment, target amount to be raised, and contents soliciting the fundraising. <Amended by Act No. 5128, Dec. 30, 1995; Act No. 5413, Nov. 14, 1997>
(4) In calculating the frequency of advertisements as referred to in paragraph (1), if one kind of periodical published on the same day is used, it shall be considered as one time. In this case, even though the date of publication is printed differently depending on the area to which the newspapers published on the same day are distributed, the frequency of such advertisement shall be considered as one time.
[This Article Added by Act No. 4740, Mar. 16, 1994]
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 Article 6-7 (Raising of Money through Exchange with Receipt for Po litical Funds)  
(1) Any supporters’ association or person delegated by the supporters’ association may raise money and other valuables in exchange for the receipt for political funds. <Amended by Act No. 7191, Mar. 12, 2004>
(2) When any person delegated by a supporters’ association under the provisions of paragraph (1) has raised the contribution money and valuables, shall hand over the original registry of receipts of the political funds, and the names, addresses, resident registration numbers, tele phone numbers and money and valuables to the person in charge of accounting within 30 days. <Added by Act No. 7191, Mar. 12, 2004>
(3) Procedures and methods for a delegation of raising money through a exchange with the receipts of political funds and other necessary matters shall be determined by the Regulations of the National Election Commission. <Added by Act No. 7191, Mar. 12, 2004>
[This Article Added by Act No. 5413, Nov. 14, 1997]
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 Article 6-8 (Scope, etc. of Year When Election for Public Office is Held)  
(1) For the purpose of Article 6-3 (Ceiling of Raising Money and Contribution by Supporters’ Association) (1), the term “year when an election for public office is held” means a year including the day on which the presidential election (excluding the case of a partial reelection, or the need to vote again due to an act of God, etc.) or various elections for public office which are held in accordance with an expiration of the term of office, and for which political parties may recommend candidates, are held. <Amended by Act No. 5128, Dec. 30, 1995; Act No. 7191, Mar. 12, 2004>
(2) The supporters’ association capable of raising money or contributing, under the provisions of Article 6-3 (1) and (2), twice as much as the normal year ceiling of contributions raisable a year and normal year limits of contributions a year in the fiscal year wherein an election for public offices is held, shall be as follows: <Amended by Act No. 7191, Mar. 12, 2004>
1. In the case of the Presidential election; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party, and supporters’ association for the National Assembly member of local district;
2. In the case of a general election of the National Assembly members; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party of a political party, and supporters’ association of the National Assembly member registered as candidate for the local district; and
3. In the case of a concurrent local election due to an expiration of term of office; the supporters’ association for a central party of a political party which has recommended candidates, supporters’ association for a City/Do party of a political party which has recommended candidates for constituencies within the competent district, and supporters’ association for the National Assembly member of a local district of a political party which has recommended candidates for the relevant constituency.
[This Article Added by Act No. 4740, Mar. 16, 1994]
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 Article 7 (Receipts for Political Funds)  
(1) When the supporters’ association has received any contribution of money and valuables from a supporter, it shall deliver a receipt for fixed amount of the political funds to the supporter within 30 days, but for the supporting money or valuables equivalent to less than a unit of 10.000 won, it may deliver a receipt for non-fixed amount of the political funds, even in the case of supporting money and valuables of less than 100,000 won or contributed supporting money and valuables in excess of 100,000 won: Provided, That when it has failed to deliver within 30 days due to inevitable causes, such as the personnel matters of contributors are impossible to confirm, it may deliver within 30 days from the date next to a deadline of delivery of the receipts of political funds.
(2) Notwithstanding the provisions of paragraph (1), in the case of raising money through the anonymous contribution under Article 6-2 (Ceiling of Contribution by Supporters) (3), credit cards, deposit account, telephone, Internet digital settlement systems, etc., the receipts of political funds shall be issued (excluding an anonymous contribution), but when there exist inevitable causes, such as the addresses of supporters are impossible to find out, it may not be issued. In such case, any receipts of political funds issued by the supporters’ association shall be kept by the relevant supporters’ association.
(3) When a supporters’ associations intends to obtain an issuance of receipts of political funds, it shall submit an application specifying the types and issuance quantity, etc. of the receipts of political funds, and pay the expenses for producing the receipts of political funds, to the competent election commission.
(4) The receipt for political funds shall indicate the amount of a contribution, a statement to the effect that a taxation benefits shall be granted to such amount under the provisions of Article 27, and the serial number, and the dimension and form thereof and other necessary matters shall be determined by the Regulations of the National Election Commission.
(5) The amount to be indicated on the receipt for fixed amount shall be in six denominations, such as 10,000 won, 50,000 won, 100,000 won, 500,000 won, one million won and five million won; and the title of a supporters’ association shall be prohibited from being stated on the receipts of political funds to be delivered to the contributors, and the gross amount of nominal value indicated on the receipt for fixed amount, which may be issued by the application of a supporters’ association in a year (with respect to a Supporters’ association for the National Assembly members, candidates for the National Assembly members and candidates for a competitive party representative election, it refers to the period for which such supporters’ associations are in existence), shall not exceed the ceiling of contributions raisable a year by the said supporters’ association. In this case, a supporters’ association may have the receipt for fixed amount issued at one time within the ceiling of contributions raisable a year.
(6) The supporters’ association shall file a report on an actual status of uses, such as the number of receipts of political funds as of December 31, which have been issued by the competent election commission, with the competent election commission not later than January 14 next year, and where the supporters’ association has been dissolved, it shall re turn the unused receipts of political funds to the competent election commission within 14 days from the date of dissolution.
(7) No supporters’ association may use the amount different from the amount stated on the non-fixed amount receipts and the face value of the fixed-amount receipts, after its payment or contribution, and in case where it has failed to file a report on the number of unused receipts of political funds or to return them within the deadline under the provisions of paragraph (6), the said association shall be deemed to have been subjected to a payment or contribution of gross amount of the said face values.
(8) The election commissions and supporters’ associations, and other persons relating to the publication, issuance, delivery, etc. of the receipt for political funds shall not disclose the serial number of receipts of political funds issued to the said supporters’ associations, or notify other State agencies thereof, unless pursuant to the procedures under the statutes.
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 8 (Application for Registration of Supporters’ Association, etc.)  
(1) The representative of a supporters’ association shall file an application for registration with the competent election commission, together with a written designation within fourteen days from the day of such designation by a relevant authority to designate supporter’s association. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 7191, Mar. 12, 2004>
(2) Matters to be recorded in an application for registration of a supporters’ association, shall be as follows: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4463, Dec. 31, 1991; Act No. 4740, Mar. 16, 1994>
1. Name of the supporters’ association;
2. Location of the supporters’ association;
3. Articles of association or code of conduct of members;
4. Deleted; <by Act No. 5261, Jan. 13, 1997>
5. Names, resident registration number and address of a representative and a person in charge of accounting;
6. and 7. Deleted; and <by Act No. 4186, Dec. 30, 1989>
8. Other matters that may be prescribed by the Regulations of the National Election Commission.
(3) When any matters of registration under paragraph (2) are modified, an application for registration of such modification shall be filed within fourteen days. <Amended by Act No. 4186, Dec. 30, 1989>
(4) The competent election commission shall complete the registration within seven days from the date on which an application for registration under the provisions of paragraph (1) or (3) is received, and deliver a certificate of registration. <Amended by Act No. 4186, Dec. 30, 1989>
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 Article 9 (Membership List of Supporters’ Association)  
(1) A supporters’ association shall keep a membership list.
(2) The list as referred to in paragraph (1) shall not be inspected by force unless such inspection is requested by a courts request for a judical decision or by the competent election commission for confirming necessary matters, such as the qualifications of members, details of supporting money, etc. under Article 25. <Amended by Act No. 4186, Dec. 30, 1989>
(3) No investigation of a membership list for criminal investigation shall be conducted without a warrant issued by a judge.
(4) No one shall disclose facts about a membership list he learned in the course of performing his duties.
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 Article 10 (Dissolution, etc. of Supporters’ Association)  
(1) The supporters’ association shall be dissolved when the relevant authority to designate supporter’s association has been extinguished by dissolution or other causes or has withdrawn its designation of a supporters’ association, or when any causes for dissolution as stipulated in the articles of association have occurred: Provided, That if the preparatory committee for the formation of a central political party which has a supporters’ association has been registered as a political party, or a candidate having a supporters’ association is elected as a member of the National Assembly, such a supporters’ association may continue to exist as a supporters’ association for a registered central party or an elected member of the National Assembly by a resolution of continued existence by its representative or mandatory organ, and when any reserve candidate for a member of the National Assembly having a supporters’ association has been registered as a candidate for a member of the National Assembly, the supporters’ association for the said reserve candidate for a member of the National Assembly shall be regarded as the supporters’ association for a candidate for a member of the National Assembly. <Amended by Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
(2) In the case as referred to in the proviso of paragraph (1), the representative of the supporters’ association for a central party shall apply for a registration of change as prescribed in Article 8 (3), within fourteen days after the resolution for continuation is made, and the representative of the supporters’ association for a candidate for a member of the National Assembly, within fourteen days after the term of members of the National Assembly begins, and the supporters’ association shall succeed to the rights and duties of the previous supporters’ association. <Amended by Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
(3) When the supporters’ association is dissolved, its representative shall report the dissolution to the competent election commission, within fourteen days. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994; Act No. 5413, Nov. 14, 1997>
(4) If the supporters’ association fails to make a report on the dissolution as referred to in paragraph (3) within fourteen days after it is dissolved, the competent election commission may cancel the registration of such supporters’ association. <Added by Act No. 4740, Mar. 16, 1994>
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 Article 10-2 (Merger, etc. of Supporters’ Association)  
(1) In a case where a political party is newly established by merger or absorption under the provisions of Article 4-2 of the Political Parties Act, each supporters’ association may continue to exist as the supporters’ association for the political party newly established or absorbed through merger by a resolution for merger at a joint meeting of representatives or mandatory organ of the supporters’ associations or a resolution for continuation made by representatives or mandatory organ thereof. In this case, each supporters’ association shall apply for a registration of modification under the provisions of Article 8 (3).
(2) Any supporters’ association newly established or surviving through a merger under paragraph (1) shall succeed to rights and duties of the supporters’ association before the merger.
[This Article Added by Act No. 4186, Dec. 30, 1989]
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 Article 10-3 (Disposal of Residual Property, etc. after Dissolution of Supporters’ Association)  
(1) In a case where the supporters’ association is dissolved under the provisions of the text of Article 10 (1), its residual property shall be disposed of under the conditions as prescribed by the articles of association or code of conduct of the supporters’ association.
(2) Any remaining assets of the supporters’ association which are not disposed of under the provisions of paragraph (1), shall be reverted to the National Treasury. <Amended by Act No. 5128, Dec. 30, 1995>
(3) If any member of the National Assembly having a supporters’ association or any candidate for a member of the National Assembly loses the qualification to have a supporters’ association, he shall hand over the property remaining after being used as a contribution received from the supporters’ association, to any political party or any corporation in public interests or social welfare facilities registered under the Act on the Establishment and Operation of Public-service Corporations. <Added by Act No. 5128, Dec. 30, 1995>
(4) Notwithstanding the provisions of paragraphs (1) through (3), when the candidates, etc. for the Presidential election and a competitive election of a party representative, and a reserve candidate for an election of the members of the National Assembly have lost the qualifications enabling to have the supporters’ association, the remaining amount deriving from deducting the operation expenses, etc. of a supporters’ association, such as the amount contributed to the authority to designate a relevant supporters’ association, expenses for collecting money and valuables, rents for office and personnel expenses for staff members, etc. (hereafter in this Article, referred to as the “balance of uses”) from gross amounts of money and valuables collected by the relevant supporters’ association, and gross amounts of money and valuables contributed to the relevant authority to designate supporters’ association by the supporters’ association (in the case of his death, the remainders of payments until the death), shall be reverted to the National Treasury. In such case, if the candidates for the Presidential election and a competitive election of party representative, etc. and a reserve candidate for an election of the members of the National Assembly have lost an intraparty competitive election and their supporters’ associations have been dissolved, the balance of uses of the relevant supporters’ association and any remainder of used amounts from contributions of the supporters’ association to the relevant authority to designate supporters’ association, shall be reverted to the National Treasury. <Added by Act No. 7191, Mar. 12, 2004>
(5) Matters necessary for the provisions of paragraphs (2) through (4) shall be prescribed by the Regulations of the National Election Commission. <Added by Act No. 5128, Dec. 30, 1995; Act No. 7191, Mar. 12, 2004>
[This Article Added by Act No. 4740, Mar. 16, 1994]
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 Article 11 (Deposit of Political Funds)  
(1) Any person, who wishes to contribute any political funds to a political party, shall deposit such funds in person under his name to the election commission: Provided, That in a case where he pays the party members fee under the provisions of Article 4, and contributes any supporting money and raises money and other valuables for the supporters’ association under the provisions of Article 6 (1), the deposit thereof to the election commission shall not be required. <Amended by Act No. 4740, Mar. 16, 1994; Act No. 5261, Jan. 13, 1997; Act No. 7191, Mar. 12, 2004>
(2) A deposit which may be deposited by one person under the provisions of paragraph (1) shall be not less than 10 thousand won or a value equivalent thereto at any one time, and either 100 million won or 5/100 of the incomes in the preceding year, whichever is greater, or less than a value equivalent thereto: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
(3) No one may deposit any money for political funds under a name of another person or anonymously. In this case, a deposit may be permitted on the condition that the name of the depositor is not disclosed in the public notice about payment under the provisions of Article 26.
(4) The procedure of deposit and other necessary matters shall be prescribed by the Regulations of the National Election Commission. <Added by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994>
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 Article 12 (Restriction on Contributions)  
(1) Any foreigners, domestic or foreign corporations or organizations may not contribute the political funds.
(2) No person shall make a contribution of political fund with the funds relating to the domestic or foreign corporations or organizations.
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 13 (Restriction on Contributions Relating to Specific Acts)  
No one may contribute or receive any political funds in connection with an act that falls under any of the following subparagraphs: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4463, Dec. 31, 1991; Act No. 5261, Jan. 13, 1997; Act No. 7191, Mar. 12, 2004>
1. An act to recommend a specific person as a candidate in an election for public office (this refers to elections for the President, members of the National Assembly, heads of local governments and members of local councils);
2. The election of a chairman and vice-chairman of a local council, and the election of a chairman and vice-chairman of an educational committee, a superintendent of a board of education, and members of an educational committee;
3. The act of asking a favor or to render an intermediary service with regard to the duties that a public official takes charge of and handles; and
4. An act to acquire any right, benefit or position or to render an intermediary service related thereto by entering into a contract with corporations falling under any of the following subparagraphs:
(a) Corporations established by the State, public organizations or the provisions of special Acts;
(b) Corporations in which the State or a local government owns the majority of stocks or equities;
(c) Corporations receiving directly or indirectly any subsidy from the State or public corporations; and
(d) Corporations subjected to a payment guarantee or investments by the Government.
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 Article 14 (Restriction on Mediation of Contribution)  
No one shall mediate any contribution in a manner to oppress unfairly the intention of another person by taking advantage of business, employment or other relations.
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 Article 15 (Distribution and Payment of Deposit Money)  
(1) The National Election Commission shall allocate and disburse the political funds deposited under the provisions of Article 11 (1), according to an allocation ratio of the State subsidy at the time of deposit. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4740, Mar. 16, 1994>
(2) Deleted. <by Act No. 5413, Nov. 14, 1997>
(3) The time and procedure for disbursement of deposit money and other necessary matters shall be prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4740, Mar. 16, 1994>
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 Article 16 (Reversion to National Treasury of Deposit Money, etc.)  
(1) Any political funds deposited in violation of the provisions of Article 11 (2) and (3), shall be reverted to the National Treasury.
(2) If the political party to which deposit money is to be disbursed, refuses to receive it, the competent election commission shall return it to the depositor. In this case, if the depositor refuses to receive the refused deposit money, the deposit money shall be reverted to the National Treasury. <Amended by Act No. 4740, Mar. 16, 1994>
(3) The procedure of reversion to the National Treasury as referred to in paragraph (2), and other necessary matters shall be prescribed by the Regulations of the National Election Commission. <Added by Act No. 4497, Nov. 11, 1992>
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 Article 17 (Appropriation of Subsidy)  
(1) The State shall appropriate in the budget each year for subsidy to political parties, an amount obtained by multiplying the total number of electors in the general election for members of the National Assembly as held recently, by eight hundred won. In that case, when the total number of electors is changed in consequence of the holding of the general election for members of the National Assembly, the subsidy to be paid after completion of the election shall be appropriated on the basis of the total number of electors changed. <Amended by Act No. 4463, Dec. 31, 1991; Act No. 4497, Nov. 11, 1992; Act No. 4740, Mar. 16, 1994; Act No. 5413, Nov. 14, 1997>
(2) In a fiscal year in which a Presidential election, a general election for members of the National Assembly, or a concurrent local election under the provisions of Article 203 (Scope of Concurrent Election and Election Day) of the Act on the Election of Public Officials) (1) is held, the subsidy shall be appropriated in the budget by adding 800 won to each election pursuant to the criteria as referred to in paragraph (1). <Added by Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
(3) The National Election Commission shall equally divide the subsidy as referred to in paragraph (1) by a quarter each year, and disburse it to political parties, and the subsidy as referred to in paragraph (2) shall be disbursed within two days after the registration of candidates for the relevant election is closed. <Amended by Act No. 4463, Dec. 31, 1991; Act No. 4740, Mar. 16, 1994>
[This Article Wholly Amended by Act No. 4186, Dec. 30, 1989]
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 Article 17-2 (Subsidy for Recommendation of Female to Official Post Candidate)  
(1) The State shall, as the subsidy under Article 31 (Recommendation of Candidates for Election of Public Officials) of the Political Parties Act, appropriate the amount obtained by multiplying the total number of electorates of the general election of the National Assembly members held recently by the amount of 100 won, into the budget of the year wherein the election of the members of the National Assembly or the election of the members of City/Do Councils is to be held due to an expiration of term of office. <Amended by Act No. 7191, Mar. 12, 2004>
(2) For the political parties which have recommended females for not less than 30/100 of the gross number of national constituencies for an election of the National Assembly members and for the election of members to City/ Do Council for a local constituency due to an expiration of term of office, 50/100 of the gross amount of subsidies for a recommendation of females to official post candidates under the provisions of paragraph (1) shall be distributed and paid in proportion to the ratio of parliamentary seats by political party in the National Assembly at the time of such payment, and the remainder shall be in proportion to the number of obtained votes (referring to the average of ratio of obtained votes which have been obtained by the relevant political party in the national constituency for propor tional representative members and local districts; hereinafter referred to as the “ratio of the numbers of obtained votes in the election of the National Assembly members) in the general election of the National Assembly members held recently due to an expiration of term of office. <Amended by Act No. 7191, Mar. 12, 2004>
(3) The subsidies under paragraphs (1) and (2) shall be paid within one month after the election date of the National Assembly members for a local constituency or the members to City/Do Council for a local constituency due to an expiration of term of office. <Amended by Act No. 7191, Mar. 12, 2004>
[This Article Added by Act No. 6662, Mar. 7, 2002]
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 Article 18 (Distribution of Subsidy)  
(1) 50/100 of the subsidy under the provisions of Article 17 (Appropriation of Subsidy) (1) and (2) shall be allocated and disbursed in an equal portion to the political parties which form a negotiating group with members of the National Assembly belonging to the same political parties under the provisions of the text of Article 33 (1) of the National Assembly Act, at the time of disbursement. <Amended by Act No. 5261, Jan. 13, 1997; Act No. 7191, Mar. 12, 2004>
(2) 5/100 of the subsidy shall be distributed and disbursed to political parties ineligible for the allocation and disbursement as referred to in paragraph (1) at the time of disbursement, which have five or more seats, and 2/100 of the subsidy, to those political parties falling under any of the following subparagraphs of those which have no seat or less than five seats: <Amended by Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
1. In the case of the political parties which have participated in the general election for members of the National Assembly held recently, the political parties whose ratio of obtained votes in the election of members of the National Assembly is not less than 2/100;
2. In the case of a political party, from among the political parties which have participated in the general election for members of the National Assembly held recently, which does not fall under subparagraph 1 but has some seats; the political parties whose ratio of obtained votes is not less than 0.5/100 in the election of proportional representative members of City/Do council, that of members of City/Do council for local constituency, that of Mayor/Do governor, or that of heads of autonomous Gu/Si/Gun recently held throughout the nation, for which a recommendation of candidates is allowed; and
3. In the case of the political parties which have not participated in the general election for members of the National Assembly recently held, the political parties whose ratio of the number of obtained votes in the election of proportional representative members of City/Do Council, election of members to City/Do Council for a local constituency, election of Mayor/Do governor, or election of head of autonomous Gu/Si/ Gun which have been recently held throughout the nation, and for which a recommendation of candidates is allowed, is/not less than 2/100.
(3) 50/100 of the remainder excluding the amount of allocation and disbursement as referred to in paragraphs (1) and (2), shall be allocated and disbursed to the political parties holding seats in the National Assembly at the time of disbursement in proportion to the number of such seats, and the balance thereof shall be allocated and disbursed in proportion to the number of votes obtained in the election of members of the National Assembly recently held. <Amended by Act No. 7191, Mar. 12, 2004>
(4) In a case where the subsidy is allocated and disbursed under the provisions of paragraphs (1) through (3), the subsidy as prescribed in Article 17 (2) shall not be allocated and disbursed to the political parties which did not participate in the relevant election. <Amended by Act No. 4740, Mar. 16, 1994>
(5) For the purpose of paragraph (4), the term “political parties which did not participate in the relevant election” means those which fail to recommend a candidate as of the day on which the registration of candidates for the election is closed.
(6) The time and procedure of disbursing the subsidy and other necessary matters shall be prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4740, Mar. 16, 1994>
[This Article Wholly Amended by Act No. 4463, Dec. 31, 1991]
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 Article 19 (Restriction, etc. on Use of Subsidy)  
(1) A subsidy shall not be used for any purpose other than the expenses required for the operation of a political party which fall under any of the following subparagraphs: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4463, Dec. 31, 1991; Act No. 4740, Mar. 16, 1994; Act No. 5413, Nov. 14, 1997>
1. Personnel expenses;
2. Office equipment and supply expenses;
3. Office establishment and working expenses;
4. Public utility charges;
5. Expenses for policy development;
6. Educational and training expenses for members of a political party;
7. Expenses for organization and activities;
8. Expenses for propaganda;
9. Deleted; and <by Act No. 7191, Mar. 12, 2004>
10. Expenses related to an election (limited to the subsidy as prescribed in Article 17 (2)).
(2) Any political party which has received a subsidy under the provisions of Article 18 shall allot and pay 50/100 of the total amount of the subsidies received to the central party [referring to the central party under Article 3 (Composition) of the Political Parties Act], 30/100 to the policy research institution [referring to the policy research institution under Article 29-3 (Establishment of Policy Research Institution and Support Thereto) of the Political Parties Act], 10/100 to the City/Do party [referring to the City/Do party under Article 3 (Composition) of the Political Parties Act], and shall use 10/100 for the development of female politics. <Amended by Act No. 7191, Mar. 12, 2004>
(3) A person in charge of accounting of a political party [including the political party’s electoral office under the provisions of Article 61-2 (Establishment of Political Party’s Electoral Office) (hereinafter referred to as the “political party’s electoral office”)], candidates for an election of public officials under the provisions of Article 49 (Registration of Candidates, etc.) of the Act on the Election of Public Officials to whom a subsidy has been rendered from the political party whereto he belongs, and reserve candidates under the provisions of Article 60-2 (Registration of Reserve Candidates) of the same Act, and candidates for the Presi dential election or competitive election of party representative (hereinafter referred to as the “candidates, etc. for an election of public officials”), shall establish a separate account for the subsidy, and manage such account separately from other political funds. <Amended by Act No. 7191, Mar. 12, 2004>
(4) The election commission of each class (excluding the election commission in the voting district) may make an investigation on the payment of subsidies, in case where deemed necessary for supervising a political party having received a subsidy under Articles 17-2 (Subsidy for Recommen dation of Females to Public Offices) and 18 (Allotment of Subsidies) and the person in receipt of such payment, and any interested person, or for verifying whether or not this Act has been violated. <Amended by Act No. 6662, Mar. 7, 2002; Act No. 7191, Mar. 12, 2004>
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 Article 20 (Reduction of Subsidy)  
The National Election Commission may recover the relevant amount under any of the following subparagraphs, and make the payment thereafter by reducing it from the subsidies to be paid to the relevant political party, when deemed to be difficult to make such a recovery: <Amended by Act No. 7191, Mar. 12, 2004>
1. Where a political party, which has been paid the subsidy under Articles 17-2 (Subsidy for Recommendation of Females to Public Offices) and 18 (Allotment of Subsidies), has made a false report on the accounting of such subsidies, the amount equivalent to twice the amount equivalent to the falsity;
2. Where it has been disbursed for other usages than those under Article 19 (Restriction on Usage, etc. of Subsidies) (1), the amount equivalent to twice the subsidies disbursed in contravention of such usages;
3. Where it has been disbursed for any usage other than that under Article 19 (2), the amount equivalent to twice the subsidies disbursed in violation of such usage; and
4. Where any accounting report has not been made in contravention of Article 24, the amount equivalent to 25/100 of the subsidies paid, in the case of central party, and the amount equivalent to twice the subsidies supported by the central party in the case of City/Do party.
[This Article Wholly Amended by Act No. 6662, Mar. 7, 2002]
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 Article 21 (Return of Subsidy)  
(1) When a political party which has received the subsidy is dissolved or its registration is revoked, the party shall report, without delay, the details of expenditure of such subsidy to the National Election Commission, and if there is any remainder, the party shall return such remainder.
(2) The National Election Commission may collect compulsorily the subsidy that a political party has to return under the provisions of paragraph (1), pursuant to the example of a disposition on default of national tax.
(3) Collection of a subsidy under paragraph (2) shall take precedence over other public imposts.
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 Article 22 (Keeping and Making Entry on Account Books)  
(1) A person in charge of accounting of a political party [including the preparatory committee for the formation of a central political party which has a supporters’ association, the policy research institution of the central party of a political party under Article 29-3 (Establishment of Policy Research Institution and Support Thereto) of the Political Parties Act], and the political party’s electoral office; the same shall apply hereafter in Articles 22-2 through 25, 30, 33 through 33-3, and 33-8], shall keep account books and make an entry of items as prescribed in the following subparagraphs in respect to all incomes and expenses: <Amended by Act No. 7191, Mar. 12, 2004>
1. Dates, amounts and the number of cases of incomes, such as party members fees, contributions, subsidies, etc., and names, resident registration numbers, addresses, occupation and telephone numbers, and other particulars of payers of the party members fee;
2. Dates and amounts of loans, income from publishing a party bulletin and other incidental incomes as prescribed in the constitution and regulations of a political party, and names, resident registration num bers, addresses, occupation and telephone numbers, and other particulars of lenders; and
3. Dates, amounts and purposes of expenses and names, resident registration numbers, addresses, occupations, and telephone numbers of the persons who are paid such expenses.
(2) A person in charge of accounting of the supporters’ association shall keep an account book and make an entry of items falling under any of the following subparagraphs in respect to incomes and expenses: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4497, Nov. 11, 1992; Act No. 7191, Mar. 12, 2004>
1. Dates and amount of all incomes, such as supporting money of members, collection of money and other valuables, etc., and names, resident registration numbers, addresses, occupations, and telephone numbers of contributors: Provided, That in the case of any anony mous contribution as prescribed in Article 6-2 (3), the date, amount and method of each contribution;
2. Date and amount of contribution to the authority to designate supporter’s association; and
3. Date, amount and purpose of all other expenses and names, resident registration numbers, addresses, occupations, and telephone numbers of the persons who are paid the expenses.
(3) A person in charge of accounting of a member of the National Assembly who has organized a supporters’ association shall keep an account book and enter therein the matters concerning incomes and expenses which fall under any of the following subparagraphs: <Added by Act No. 4463, Dec. 31, 1991; Act No. 7191, Mar. 12, 2004>
1. Date on which he received a contribution of political funds from the supporters’ association and the amount thereof; and
2. Date, amount and purpose of expenses and the name, resident registration number, address, occupation and telephone number of the person who received such fund.
(4) Persons in charge of accounting of the candidates for election of public officials shall keep an account book, and enter therein the matters concerning incomes and expenses which fall under any of the following subparagraphs:
1. Receiving date, amount of the support money from the political party whereto he belongs, contributed money from the supporters’ association, and other assets received from candidates for election of public officials (including loan), and in a case of loan, the name, resident registration number, address, occupation and telephone number of the creditor; and
2. Payment date, amount, purpose of the expenses required for activities falling under any of the following items from among the political activities of candidates, etc. for election of public officials, and the name, resident registration number, address, occupation and telephone number of the receiver:
(a) Election expenses under the provisions of Article 119 (Definitions of Election Expenses, etc.) of the Act on the Election of Public Officials;
(b) Expenses which are not admitted as election expenses under the provisions of Article 120 (Expenses not Admitted as Election Expenses) of the Act on the Election of Public Officials;
(c) Expenses for election campaigns of candidates, etc. for the Presidential election and a competitive election of party representative;
(d) Expenses for reports on parliamentary activities, and for other affairs activities;
(e) Expenses for political party activities, such as payment of party members fee, etc.; and
(f) Expenses for other political activities as stipulated in the Regulations of the National Election Commission.
(5) Kind, form, method of making an entry and other necessary matters for account books as referred to in paragraphs (1) through (4) shall be prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4497, Nov. 11, 1992; Act No. 7191, Mar. 12, 2004>
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 Article 22-2 (Report on Selection, etc. of Person in Charge of Accounting)  
(1) Political party, supporters’ association, a member of the National Assembly who has a supporters’ association, candidate for an election of public officers, etc. shall select a person in charge of accounting, and promptly file a report thereon with the competent election commission, and when a person in charge of accounting has been altered, a report on alteration shall be filed within 14 days. In such case, a person in charge of accounting who has made a report or registration, or altered report or registration under the provisions of Articles 61 (Establishment of Political Party’s Election Office) and 123 (Selection, etc. of Person in Charge of Accounting) of the Act on the Election of Public Officials, Articles 12 (Matters for Application for Registration of Central Party) through 14 (Altered Registration) of the Political Parties Act, and Article 8 (Application for Registration of Supporters’ Association) of this Act shall be regarded as a person in charge of accounting who has filed a report or an altered report under this Act.
(2) When there has been an alteration of the person in charge of accounting under the provisions of paragraph (1), the hand-over person and takeover person shall promptly prepare the document of hand-over or takeover and affix his signature and seal thereon, and thereafter hand over or take over the remainders of assets and political funds, accounting books, deposit passbooks, credit cards, seals such as that of a supporters association and that of representative, and other documents.
(3) A person in charge of accounting may have one assistant of accounting affairs.
(4) When filing a report on alteration of a person in charge of accounting, the document of hand-over or takeover shall be concurrently submitted.
(5) No person may concurrently become a person in charge of accounting for two or more political parties, supporters’ associations, members of the National Assembly having a supporters’ association or candidates, etc. for an election of public officials, and any person who is prohibited from becoming a member of political party under the provisions of Article 6 (Qualifications of Promoters and Party Members) may not become a person in charge of accounting and an assistant of accounting affairs.
(6) When filing a report on a person in charge of accounting under the provisions of paragraph (1), a deposit account for incomes and expenses of the political funds shall be reported.
(7) Selection of and altered report on a person in charge of accounting, hand-over or takeover, and other necessary matters shall be stipulated by the Regulations of the National Election Commission.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 22-3 (Revenues and Disbursements by Person in Charge of Accounting)  
(1) Any revenues or disbursements of political funds by the political parties, supporters’ associations, members of the National Assembly having a supporters’ association or candidates, etc. for an election of public officials may be conducted only by the relevant person in charge of accounting: Provided, That the same shall not apply to the case where an assistant of accounting affairs, who has been delegated in writing by a person in charge of accounting with fixing the purpose of disbursement and limit of amounts, makes a disbursement.
(2) Even where the candidates, etc. for an election of public officials pay the political funds with their own assets, such a disbursement shall be made by going through a person in charge of accounting. Where any member of the National Assembly who has a supporters’ association has failed to file a report as a reserve candidate for the election of relevant member of the National Assembly, the same shall also apply to the time when the political funds are paid with his own assets from 120 days before the election day.
(3) When a person in charge of accounting makes any revenues or disbursements of the political funds under the provisions of paragraphs (1) and (2), he shall do so through a deposit account which has been reported to the competent election commission under the provisions of Article 222 (Report, etc. on Selection of Person in Charge of Accounting) (6). In such case, any disbursements of the political funds shall be made by using only one deposit account.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 22-4 (Accounting Management of Political Parties)  
(1) A political party shall stipulate the procedures, etc. for accounting managements in its constitution and regulations in order to make any disbursement of its political funds open and democratic.
(2) The constitution and regulations of political party under paragraph (1) shall contain matters falling under each of the following subparagraphs:
1. Matters concerning composition and operation of the committee on budget and account;
2. Matters concerning a written payment resolution specifying the de tails of each of the following items:
(a) Purpose, date and amount of a disbursement; and
(b) Name, resident registration number, address, occupation and telephone number of a person who is to receive or entitled to receive; and
3. Matters concerning a circulation of draft of purchase (disbursement) when a central party intends to purchase goods or services or conclude a contract therefor.
(3) The committee on budget and account of the central party (in the case of a central party, referring to its representative) shall verify and ex amine the matters falling under each of the following subparagraphs in each quarter, and promptly open its results to the party members:
1. Whether or not the procedures for accounting managements as referred to in the constitution or regulations of the party are observed;
2. Balance of the deposit accounts;
3. Revenue amounts of political funds and their details; and
4. Disbursement amounts of political funds and their details.
(4) Matters necessary for the accounting managements of the political party shall be stipulated by the Regulations of the National Election Commission.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 23 (Keeping of Account Books, etc.)  
A person in charge of accounting of a political party, a supporters’ association, or a member of the National Assembly who has organized a supporters’ association and candidates for election of public officials shall keep the account books with the original registry of receipts for party members fee under the provisions of Article 4 (Party Members Fee), the original registry of receipts of political funds under the provisions of Articles 7 (Receipts of Political Funds) and 22 (Keeping of and Entering on Accounting Books), and the detailed statements relating to the revenues and disbursements of political funds as prescribed by the Regulations of the National Election Commission and receipts, the deposit passbook under the provisions of Article 22-2 (Report, etc. on Selection of Person in Charge of Accounting), the written resolution of disbursements, and the circu lation of draft of purchase (disbursement) under the provisions of Article 22-4 (Accounting Management of Political Party) for three years after completing the financial report. <Amended by Act No. 4463, Dec. 31, 1991; Act No. 7191, Mar. 12, 2004>
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 Article 24 (Financial Report)  
(1) A person in charge of accounting for a political party (excluding the political party’s electoral office), and a member of the National Assembly having supporters’ association, shall file a report on the details of each of the following subparagraphs as of December 31 each year, with the competent election commission not later than February 15 of the next year: <Amended by Act No. 7191, Mar. 12, 2004>
1. Assets situation;
2. Revenue amounts of political funds, and their details [from among the revenue amounts, in the case of a person who has offered in excess of 300,000 won per time, or of 1.2 million won per year (referring to five million won in the case of supporters’ association of the central party of a political party), the name, resident registration number, address, occupation and telephone number, date and amount of payments shall be reported, and in the case of a person who has offered the amount less than them, the number of such cases and gross amounts by days. shall be reported: Provided, That the same shall not apply to the case of party members fee];
3. Disbursement amounts of political funds and their details, and the details of settlement of accounts; and
4. Copies of deposit passbooks under the provisions of Article 22-2 (Report on Selection of Person in Charge of Accounting).
(2) A person in charge of accounting for a supporters’ association of candidates, etc. for the Presidential election or for a competitive election of party representative, shall settle accounts by the 20th day after the date of a competitive election, and shall file a report on the details of each subparagraph of paragraph (1) with the competent election commission not later than the 10th day after the date of settlement of accounts, and a person in charge of accounting for a supporters’ association of a political party (excluding the political party’s electoral office) and of a member of the National Assembly, shall file a report on the details of each subparagraph of paragraph (1) as of June 30 each year not later than August 15, and as of December 31 not later than February 15 of the next year, respectively with the competent election commission. <Added by Act No. 7191, Mar. 12, 2004>
(3) Notwithstanding the provisions of paragraph (2), a person in charge of accounting for a supporters’ association capable of fund raising or contributing twice of average year under Article 6-8 (Scope, etc. in Fiscal Year Wherein Election of Public Official is Held) (2), shall file a report on the details of paragraph (1) 2 through 4 with the competent election commission as of the 20th day after the relevant election in the fiscal year wherein an election of public officials is held not later than the 30th day (the 40th day after the date of election in the Presidential election) after the relevant election. In such case, if the date of accounting report overlaps within two months mutually with a deadline of accounting report under the provisions of paragraph (2) or a standard date of report, the accounting report under paragraph (2) shall not be made, but the de tails of paragraph (1) 1 shall be reported by including it when the accounting report under the provisions of this paragraph is filed. <Newly Inserted by Act No. 7191, Mar. 12, 2004>
(4) A person in charge of accounting for candidates for an election of public officials shall settle accounts of the details of each subparagraph of paragraph (1) by the 20th day after the date of relevant election or that of a competitive election, and file a report thereon with the competent election commission not later than the 10th day after the closing date of settlement of accounts. <Added by Act No. 7191, Mar. 12, 2004>
(5) Notwithstanding the provisions of paragraphs (1) through (4), a person in charge of accounting for a political party, a supporters’ association, a member of the National Assembly having supporters’ association and candidates, etc. for an election of public officials, shall file a report on details of each subparagraph of paragraph (1) with the competent election commission when there exists any cause falling under any of the following subparagraphs, not later than the 14th day after the said day: <Added by Act No. 7191, Mar. 12, 2004>
1. When a political party has been dissolved or whose registration has been revoked;
2. When a preparatory committee for establishment of the central party having a supporters’ association has become extinct;
3. When a supporters’ association has been dissolved under the provisions of Article 10 (Dissolution, etc. of Supporters’ Association) (1);
4. When a member of the National Assembly having a supporters’ association and candidates, etc. for an election of public officials withdraw a designation of their supporters’ associations, or have lost the qualifications for having the supporters’ associations; and
5. When the candidates, etc. for an election of public officials have lost their social status due to death, resignation or invalidity of their registrations, and other causes.
(6) A person in charge of accounting for a political party which has participated in an election of public officials, shall report to the competent election commission the details of paragraph (1) 2 through 4 from January of a fiscal year wherein an election of public officials is held (in the case of a political party’s electoral office, referring to its establishment date) and as of the 20th day after the relevant election day, not later than 30 days (40 days in case of the presidential election) after the election is held. <Amended by Act No. 5128, Dec. 30, 1995; Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
(7) A report on the details of the revenue and disbursement of the political funds and the settlement of accounts under the provisions of paragraphs (1) through (6), shall be accompanied by the disclosed data specifying the facts verified and examined by the committee on budget and account under the provisions of Article 22-4 (Accounting Management of Political Party) (3), the receipts of revenues and disbursements, and copies of other documentary evidence: Provided, That in a case where it is difficult to provide such receipts and other documentary evidence as prescribed by the Regulations of the National Election Commission, this shall not apply. <Amended by Act No. 7191, Mar. 12, 2004>
(8) When a person in charge of accounting of the political party and a supporters’ association makes an accounting report, he shall go through an examination and resolution of the representative organ (including their delegated organ; limited to a supporters’ association) or of the committee on budget and account, and attach a copy of such resolution and the written opinion on the self-audit conducted by the self-audit organ: Provided, That a central party and its supporters’ association shall attach to the report a written opinion of a certified public accountant from among persons who are not the party members belonging to the relevant political party and who has received a recommendation of the certified public accounts’ association. <Amended by Act No. 7191, Mar. 12, 2004>
(9) Any certified public accountant under the provisions of paragraph (8) shall conduct an audit faithfully, and shall submit an affidavit to the effect that he shall make a faithful audit, and audit the facts as they are. <Added by Act No. 7191, Mar. 12, 2004>
(10) Matters necessary for the accounting report shall be prescribed by the Regulations of the National Election Commission. <Amended by Act No. 7191, Mar. 12, 2004>
[This Article Wholly Amended by Act No. 4740, Mar. 16, 1994]
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 Article 24-2 (Inspection of Details, etc. of Property, Receipt and Disbursement, and Delivery of Copies)  
(1) The competent election commission shall keep the details of the assets situation, the revenues and disbursements of the political fund, and the settlement of accounts, which are reported under the provisions of Article 24 (Accounting Report), and attached documents thereof at its office, and shall allow any person to inspect them for three months from the date of public notice as prescribed in Article 26. <Amended by Act No. 7191, Mar. 12, 2004>
(2) Where the details of revenues are opened to the public under the provisions of paragraph (1), the personnel matters of a person who has contributed or paid less than 1.2 million won per year (referring to less than five million won in the case of a supporters’ association of the central party of a political party, and of reserve candidates for a competitive Presidential election) to the supporters’ association, and the amounts shall not be opened to the public. <Added by Act No. 7191, Mar. 12, 2004>
(3) No person shall be allowed to post on the Internet a notice of the details of contribution of political funds opened to the public under the provisions of paragraph (1), and use it for political purposes. <Added by Act No. 7191, Mar. 12, 2004>
(4) Any person who is dissatisfied with the details of the assets situation, the revenues and disbursements of the political fund, and the settlement of accounts, which are reported to the competent election commission under Article 24, may raise an objection in writing at any time to the competent election commission during the inspection period as referred to in paragraph (1), with any documentary evidence on such objection raised. <Amended by Act No. 7191, Mar. 12, 2004>
(5) The competent election commission shall, upon receiving an objection under paragraph (4), investigate and confirm the matters of objection (excluding matters falling under the proviso of Article 24 (7)), within sixty days after receiving the objection, and notify the objecting party of the result. <Amended by Act No. 7191, Mar. 12, 2004>
(6) Any person may file in writing an application for delivery of the copies of the reports under paragraph (1) and appended documents thereto with the competent election commission. In such case, the expenses for de livery of the copies shall be borne by the person who has applied for delivery of such copies. <Added by Act No. 7191, Mar. 12, 2004>
(7) Perusal of the accounting reports, etc., raising of objections and delivery of copies, and other necessary matters shall be prescribed by the National Election Commission Regulations. <Amended by Act No. 7191, Mar. 12, 2004>
[This Article Added by Act No. 4740, Mar. 16, 1994]
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 Article 24-3 (Special Cases concerning Report, etc. on Expenses for Election)  
Matters concerning a report on the details of the receipt and disbursement of expenses for an election for political parties and candidates participating in an election for public office, and the perusal of such report, etc. and objection, etc., shall be governed by the provisions of the Act on the Election of Public Officials, in lieu of this Act, and when the report is made under the provisions of the same Act, the report, etc. corresponding to provisions of this Act shall be considered to be made thereunder. <Amended by Act No. 7191, Mar. 12, 2004>
[This Article Added by Act No. 4740, Mar. 16, 1994]
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 Article 24-4 (Investigation of Specific Financial Transaction Information)  
(1) The competent election commission shall investigate the specific financial transaction information furnished to the Central Election Commission under Article 7 (3) of the Act on Report on Specific Financial Transaction Information and Utilization Thereof, etc.
(2) The competent election commission may, in performing the investigation under paragraph (1), demand the related political parties, supporters’ associations, and other interested parties to furnish the vindicating data.
(3) The procedures for dealing with a raised objection under Article 242 shall be applicable mutatis mutandis to the matters necessary for the investigation, vindication under paragraphs (1) and (2) and procedures for their disposition.
[This Article Added by Act No. 6516, Sep. 27, 2001]
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 Article 25 (Investigations, etc. on Crimes of Political Funds)  
(1) Where the members or staff members of the election commission of each level (excluding the voting district election commission; hereafter in this Article, the same shall apply) admit that there exist any suspicions of crimes violating this Act or have received any reports on flagrant offenders, they may gain access to such places and make the interrogations and examinations of a political party, a supporters’ association, a member of the National Assembly having a supporters’ association, candidates, etc. for an election of public officials, a person who has contributed or received the political funds, or a person who has received any expenses paid from the political funds or is entitled to receive them, and other interested persons, or demand a submission of the related documents and other data necessary for the investigations.
(2) Where it is inevitable for the investigations relating to the revenues and disbursements of political funds, the election commission of each level may, notwithstanding the provisions of other Acts, demand the heads of financial institutions to submit the data on financial transactions, which fall under each of the following subparagraphs, of the person having considerable reasons for admitting that he is under suspicions of giving or receiving the political funds in contravention of this Act; provided, the same shall not apply to others’ accounts which have received in or paid from the relevant accounts. In such case, the heads of relevant financial institutions are not allowed to refuse such a demand:
1. Details of opening the accounts;
2. Copies of the original registry of passbooks;
3. Personnel matters of the counterpart of transactions in the case of account transfers; and
4. In the case of transaction by checks, the first issuing institution of relevant checks and personnel matters of the client of such an issuing.
(3) When the members or staff members of the election commission of each level admit that there exist some concerns over a destruction of evidential goods used for the crimes prescribed in this Act, they may remove them at the scene within the limits necessary for the investigations. In such case, when the removed evidential goods have been accused or requested for investigations against the related crimes, they shall be forwarded to the related investigational agencies, and in a case unlike that, they shall be promptly returned to the person who owns, retains or manages them.
(4) No person shall impede any accesses to the places under the provisions of paragraph (1), and the person subjected to the interrogations or investigations or to a demand for submission of data shall promptly comply with them.
(5) When the members or staff members of the election commission of each level admit that it is necessary for the interrogation or investigation of interested persons in connection with the investigations of crimes of political funds, they may demand to attend the election commission, and when there exists an obvious evidence with regard to a suspicion of crime, they may demand an accompanying: Provided, That any accompanying or attendance shall not be demanded to the candidates (including candidates, etc. for the Presidential election or a competitive election of party representative) during the period of election for public officials (including an intraparty competitive election for candidates, etc. for the Presidential election or a competitive election of party representative).
(6) Where the members or staff members of the election commission of each level make any interrogation, investigation, demand for submission of data under the provisions of paragraph (1), gain access to the place, or make a demand for an accompanying or attendance under the provisions of paragraph (5), they shall present to the interested parties a voucher indicating their identity, specify their positions and names, and explain the purposes and reasons.
(7) A person who has come to know of the information or data on the details of financial transactions under the provisions of paragraph (2) (hereinafter referred to as the “information on transactions, etc.”), shall not provide or divulge to others any information known to them, or use them for any usages other than intended purposes.
(8) A written demand for a submission of data under paragraphs (1) through (6), removal of evidential data, size of vouchers and other necessary matters shall be prescribed by the National Election Commission Regulations.
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 26 (Public Notice)  
When the competent election commission receives a report or an application for registration under the provisions of Articles 8 (Application, etc. for Registration of Supporters’ Association) and 10 (Dissolution, etc. of Supporters’ Association) and a report under Article 24 (Accounting Reports) (1) through (6), cancels a registration of a supporters’ association under the provisions of Article 10 (4), and disburses political funds to a political party under the provisions of Article 15 (Allotment and Payment of Deposits) or 18 (Allotment of Subsidies), or receives a report or has a subsidy returned under the provisions of Article 21 (Return of Subsidies), the commission shall announce the fact publicly under the conditions as prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4463, Dec. 31, 1991; Act No. 4740, Mar. 16, 1994; Act No. 7191, Mar. 12, 2004>
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 Article 27 (Exemption from Taxation)  
Any person who pays or contributes any political funds or has such funds paid or contributed under this Act, shall be exempted from income tax and donation tax on the amount equivalent to political funds under the conditions as prescribed by the Restriction of Special Taxation Act, but with regard to the political funds contributed by individuals, the tax amount shall be exempted up to 100,000 won, and any amount exceeding 100,000 won shall be deducted from the income amount of the relevant contributor: Provided, That in the case of any anonymous contribution, or where any political funds contributed or supported by the supporters’ association or a political party whereto one belongs are paid for the party members fee or paid or contributed to a supporters’ association, as prescribed in Article 6-2 (3), this shall not apply. <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4497, Nov. 11, 1992; Act No. 7191, Mar. 12, 2004>
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 Article 28 (Exclusion from Application of Act on Regulation of Donations Collection)  
In the case of contributing or receiving any political funds under this Act, the provisions of the Act on the Regulation of Donations Collection shall not apply. <Amended by Act No. 5413, Nov. 14, 1997>
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 Article 29 (Obligation of Secrecy)  
Any member or personnel of a competent election commission shall not disclose a secret which he has learned in the course of performing his duties, while in office and even after retirement.
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 Article 30 (Crimes of Illegal Giving or Receiving of Political Funds)  
(1) Any person who has contributed or received contribution of the political fund by a method not prescribed by this Act (in the case of a political party, supporters’ association, corporation, or any other organization, meaning the member who commits such offense; hereinafter the same shall apply) shall be punished by imprisonment not exceeding five years, or by a fine not exceeding ten million won: Provided, That the persons who has contributed or received contribution of the political fund are relatives under the provisions of Article 777 of the Civil Act, the same shall not apply. <Added by Act No. 5413, Nov. 14, 1997; Act No. 7191, Mar. 12, 2004>
(2) Any person who falls under any of the following subparagraphs shall be punished by im prisonment not exceeding five years, or by a fine not exceeding ten million won: <Amended by Act No. 4186, Dec. 30, 1989; Act No. 4497, Nov. 11, 1992; Act No. 4740, Mar. 16, 1994; Act No. 5261, Jan. 13, 1997; Act No. 5413, Nov. 14, 1997; Act No. 6270, Feb. 16, 2000; Act No. 7191, Mar. 12, 2004>
1. A person who pays or contributes any money and other valuables in violation of the provisions of Articles 6-2 (1), and who receives supporting money, or collects, pays or contributes money and other valuables in violation of the provisions of Articles 6-2 (2) and 6-3 ;
2. A person who collects any money and other valuables in violation of the provisions of Articles 6-4 (Means, etc. of Collecting Money and Valuables) through 6-7 (Collection of Money through Exchange with Receipt for Political Fund);
3. A person who contributes or receives any political funds without depositing them with the election commission in violation of the provisions of Article 11 (1);
4. Deleted; <by Act No. 7191, Mar. 12, 2004>
5. A person who contributes or receives any political funds in violation of the provisions of Article 12 (Restriction on Contribution) or 13 (Restriction on Contribution Relating to Specific Acts);
6. A person who receives or mediates the contribution of political funds in violation of the provisions of Article 14 (Restriction on Mediation, etc. of Contribution); and
7. A person who is not an authority to designate supporter’s association under the provisions of Article 5 (Supporters’ Association) (1), but establishes and operates a supporters’ association or other similar organizations for the purpose of contributing a political fund.
(3) In the case of paragraphs (1) and (2), the offered money and valuables, and other pecuniary interests shall be confiscated, and if it is impossible, their value shall be collected. <Added by Act No. 5413, Nov. 14, 1997>
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 Article 31 (Crimes of Violating Various Restrictive Regulations)  
Any person who falls under any of the following subparagraphs shall be punished by imprisonment not exceeding three years or by a fine not exceeding six million won:
1. A person who delivers, pays or contributes the amount different from the stated amount or face amount on the receipts for party members fee, or for political funds, and who receives them, and who delivers the falsely prepared receipts for party members fee or for political funds, or who uses the forged or modified ones, in violation of the provisions of Articles 4 (Party Members Fee) and 7 (Receipts for Political Funds) (7);
2. A person who discloses the serial number of a receipt for political funds issued to the supporters’ association, or notifies other government agencies thereof, without taking such procedures as prescribed by the Acts, in violation of the provisions of Article 7 (8);
3. A person who compels a perusal of the membership list in violation of the provisions of Article 9 (Membership List of Supporters’ Association) (2), or who discloses the facts known to him in the course of duties in connection with the membership list in violation of the provisions of paragraph (4) of the same Article;
4. A person who fails to keep the accounting books, or makes a false entry, or who fails to make an accounting report or to submit the specification, receipts and other evidential documents relating to the assets status, receiving or paying amounts of political funds and their details, and revenues and disbursements and the copies of deposit passbooks, or who submit them in falsity, or who makes a false entry of receipts for revenues or disbursements and other evidential documents or forges or modifies them, in violation of the provisions of Article 22 (Keeping and Making Entry on Account Books) (1) through (4) or 24 (Accounting Reports) (1) through (7);
5. A person who fails to keep the original registry of receipts for party members fee, original registry of receipts for political funds, accounting books, specification of revenue or disbursement of political funds and evidential documents, deposit passbooks, written payment resolutions and circulation of drafts of purchase (disbursement), in violation of the provisions of Article 23 (Keeping Accounting books, etc.); and
6. A person who discloses any secret in respect of duties in violation of the provisions of Article 29 (Obligation of Secrecy).
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 32 (Crimes of Violating Various Obligatory Regulations)  
(1) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment not exceeding two years, or by a fine not exceeding four million won:
1. A person who disburses the political funds for any usage other than expenses required for political activities in violation of the provisions of Article 2 (Basic Principles) (3);
2. A person who fails to issue or deliver a receipt for party members fee or a receipt for political funds not later than the deadline of accounting reports under the provisions of Article 24 (Accounting Reports) (1) through (3), (5) and (6) in violation of the provisions of Articles 4 (Party Members Fee) (2) and 7 (Receipt for Political Funds) (1), and who delivers in violation of the scope of using the unfixed amount receipt;
3. A person who fails to hand over the original registry of receipts of political funds, personnel matters and money and valuables without justifiable reasons in violation of Article 6-7 (Collection of Money through Exchange with Receipts of Political Funds) (2);
4. A person who uses or manages the accounting of subsidies in violation of the provisions of Article 19 (Restriction on Usage of Subsidies) (1) through (3);
5. A person who fails to return the balance of subsidies in violation of the provisions of Article 21 (Return of Subsidies) (1);
6. A person who fails to hand over or take over the assets, the balance of political funds, accounting books, etc. in violation of the provisions of Article 22-2 (Report, etc. on Selection of Person in Charge of Accounting) (2);
7. A person who fails to report the deposit account for revenues and disbursements of political funds in violation of the provisions of Article 22-2 (Report, etc. on Selection of Person in Charge of Accounting) (6);
8. A person who makes a revenue or disbursement of political funds without going through a person in charge of accounting in violation of the provisions of Article 22-3 (Revenue or Disbursement by Person in Charge of Accounting) (1) or (2);
9. A person who makes a revenue or disbursement of political funds through the unreported deposit account in violation of the provisions of Article 22-3 (3);
10. A person who makes a false audit report in violation of the provisions of Article 24 (Accounting Reports) (9);
11. A person who posts on the Internet the details of open contributions of political funds and utilizes them for political purposes in violation of the provisions of Article 24-2 (Perusal of Details, etc. of Assets and Revenues and Disbursements and Delivery of Copies) (3); and
12. A person who violates the provisions of Article 33-4 (Protection etc. of Reporters of Crimes of Political Funds) (2).
(2) A person who fails to comply with any investigation, verification of data or demand for submission by the election commission without justifiable reasons, or who submits the false data, or impedes any access to the place, in violation of the provisions of Articles 19 (Restriction, etc. on Usage of Subsidies) (4), 24-2 (Perusal of Details, etc. of Assets, Revenues and Disbursements and Delivery of Copies) (5) [including the case applied mutatis mutandis in Article 24-4 (Investigation on Information on Specific Financial Transactions) (3)] or 25 (Investigation, etc. on Crimes of Political Funds) (1) and (4), shall be punished by imprisonment for less than one year or a fine of less than two million won.
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 33 (Crimes of Neglecting Supervisory Duties)  
A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding two million won:
1. Where a person in charge of accounting has committed the crimes under the provisions of subparagraph 4 of Article 31 (Crimes of Violating Various Restrictive Regulations), representative of a political party or a supporters’ association, a member of the National Assembly having a supporters’ association and the candidates for election of public officials;
2. A person who contributes or pays the political funds by means incapable of confirming real names, in violation of the provisions of Article 2 (Basic Principles) (4);
3. A person who makes a contribution of political funds in other’s names or under assumed names, in violation of the provisions of Article 2 (Basic Principles) (5);
4. A person who fails to revert the party members fee, etc. without any justifiable reasons, in violation of the provisions of Articles 4 (Party Members Fee) (3), 6-2 (Limits to Contributions by Supporters, etc.) (4), 10-3 (Disposal of Residual Property, etc. after Dissolution of Supporters’ Association) (2) and (4);
5. A person who makes a contribution in violation of the ceiling of anonymous contribution under the provisions of Article 6-2 (Limits to Contributions by Supporters, etc.) (3); and
6. A person who fails to keep the membership list or prepares it in falsity in violation of the provisions of Article 9 (Membership List of Supporters’ Association).
[This Article Wholly Amended by Act No. 7191, Mar. 12, 2004]
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 Article 33-2 (Joint Penal Provisions)  
If the person in charge of accounting of a political party or supporters’ association and his assistant of accounting affairs and the officers or constituent members of a juristic person or organization have committed such offences as prescribed in Articles 30 (Crimes of Illegal Giving or Receiving of Political Funds) through 33 (Crimes of Neglecting Super visory Duties) in connection with their duties, not only shall such offenders be punished accordingly, but the relevant political party or supporters’ association, or juristic person or organization are deemed to have committed them, and the political party or supporters’ association, or juristic person or organization shall be punished by a fine as prescribed in each of the respective Articles.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-3 (Imposition and Collection, etc. of Fine for Negligence)  
(1) Any person who has committed the acts falling under any of the folloing subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. A person who neglects the issuance and delivery of a receipt for party members fee or a receipt for political funds in violation of the provisions of Articles 4 (Party Members Fee) (2) or 7 (Receipts for Political Funds) (1); and
2. Flagrant offenders or quasi flagrant offenders as prescribed in Article 211 (flagrant offenders and quasi flagrant offenders) of the Criminal Procedure Act, who fail to comply with a demand for accompanying under the provisions of Article 25 (Investigations, etc. on Crimes of Political Funds) (5).
(2) Any person who has committed the acts falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won:
1. A person who delays any hand-over or takeover in violation of the provisions of Article 22-2 (Report on Selection, etc. of Person in Charge of Accounting) (2); and
2. A person who pays political funds without any written payment resolutions or circulation of draft of purchase (payment) in violation of the provisions of Article 22-4 (Accounting Management of Political Parties) (2).
(3) Any person who has committed the acts falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. A person who neglects the statement, report or application in violation of the provisions of Articles 5 (Supporters’ Association) (2), 6 (Functions of Supporters’ Association) (1) (proviso) and (2), 8 (Application for Registration of Supporters’ Association, etc.) (1) and (3), 10 (Dissolution, etc. of Supporters’ Association) (2) and (3), 102 (Merger, etc. of Supporters’ Association) (1), 22-2 (Report on Selection, etc. of Person in Charge of Accounting) (1) and 24 (Financial Report) (1) through (6);
2. A person who makes the person not entitled to become a member of supporters’ association join therein, or who becomes a member, in violation of the provisions of the latter part of Article 5 (Supporters’ Association) (3);
3. A person who fails to file a report on the status of using receipts for political funds or to return the said receipts to the competent election commission, in violation of the provisions of Article 7 (Receipts for Political Funds) (6);
4. A person who makes in falsity an application for registration or for an altered registration of supporters’ association, in violation of the provisions of Article 8 ;
5. A person who becomes a person in charge of accounting of two or more political parties, candidates, a member of the National Assembly having a supporters’ association, and candidates for an election of public officials, in violation of the provisions of Article 22-2 (Report on Selection, etc. of Person in Charge of Accounting) (5);
6. A person who fails to append the copies of the disclosed data specifying the facts verified and examined by the committee on budget and account, a copy of such resolution or a written opinion on audit, in violation of the provisions of Article 24 (7) and (8); and
7. A person who fails to comply with a demand for attendance, in violation of the provisions of Article 25 (Investigations, etc. on Crimes of Political Funds) (5).
(4) Fines for negligence under the provisions of paragraphs (1) through (3) shall be imposed on the relevant offenders by the competent election commission (hereafter in this Article, referred to as the “imposing authority”) under the conditions as stipulated by the Regulations of the National Election Commission, and paid to the State, and if they fail to pay the said fines not later than the deadline, the said fines shall be entrusted to the head of competent tax office, and he shall collect them by referring to the practices of dispositions on default of national taxes: Provided, That where the person subject to a disposition of fine for negligence is a political party, it shall be deducted from the subsidies to be alloted and paid to the relevant political party, and where he is a candidate, it may be deducted from the deposit money or replenishing money for election expenses to be returned or paid to the relevant candidate under the provisions of Articles 57 (Return, etc. of Deposit Money) and 122-2 (Replenishment of Election Expenses) of the Act on the Election of Public Officials.
(5) Person who is dissatisfied with a disposition of fine for negligence under paragraph (4) may raise an objection to the imposing authority within 20 days from the date of receiving a notice of such disposition.
(6) When any person subjected to a disposition of a fine for negligence under paragraph (4) raises an objection under paragraph (5), the im posing authority shall promptly notify the competent court thereof, and the court in receipt of the said notice shall bring the case to a trial for the fine for negligence under the Non-Contentious Case Litigation Procedure Act.
(7) Any raising an objection under paragraph (5) or (6) or a progress of trial shall not affect the validity of a disposition of a fine for negligence or its execution, or a continuation of procedures.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-4 (Protection, etc. of Reporters of Crimes of Political Funds)  
(1) The provisions of Articles 5 (Prohibition of Disadvantageous Treatment), 7 (Omission of Stating Personnel Matters), 9 (Perusal of Identity Management Cards) through 12 (Consultations, etc. on Litigation Progress), and 16 (Abatement or Exemption of Penalties for Reporters, etc. of Crimes) of the Protection of Reporters, etc. of Specific Crimes Act shall apply mutatis mutandis in the criminal procedures concerning the relevant crimes of political funds and the process of investigations by the election commission, in case where there exist considerable reasons for admitting that such persons are to be suffered from harms or there are concerns over being suffered therefrom in connection with them, who have offered a clue to examinations or investigations, such as the report, petition, accusation and charge, etc. concerning the crimes of political funds, statement or testification and other acts of submitting data, and who have made a tip-off for arresting criminals or roundup activities (hereafter in this Article, referred to as the “reporters, etc. of crimes of political funds”).
(2) No person shall be allowed to inform others of or to open or report any personnel matters or the facts which are for you to infer, while knowing the sentiments of being the reporters of crimes of political funds who are protected under the provisions of paragraph (1).
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-5 (Payment of Reward Money to Reporters of Crimes of Political Funds)  
The election commission of each level (excluding the election commission of voting district; hereafter in this Article, the same shall apply) or the investigation agencies may pay, under the conditions as stipulated by the Regulations of the National Election Commission, the reward money to the person who has filed a report on the relevant criminal acts before the election commission or the investigation agencies recognize any crimes of political funds under the provisions of Articles 30 (Crimes of Illegal Giving or Receiving of Political Funds) through 33 (Crimes of Neglecting Supervisory Duties).
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-6 (Restriction on Taking Charge of Public Duties, etc. Due to Crimes of Political Funds)  
Any person who has been sentenced to an imprisonment due to a crime falling under Article 30 (Crimes of Illegal Giving or Receiving of Political Funds) shall not assume, or not be appointed to, the posts falling under one of each subparagraph of Article 266 (Restriction on Taking Charge of Public Duties, etc. Due to Election Crimes) of the Act on the Election of Public Officials for ten years since a decision not to execute the said sentence becomes final or since his sentence execution has been terminated or exempted, the person who has been sentenced to a suspension of execution of imprisonment for ten years since the sentence becomes final, and the person who has been sentenced to a fine exceeding one million won for five years since the sentence becomes final, and in case where he has already assumed the post or been appointed thereto, he shall retire from the said post.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-7 (Appearance of Defendant in Court)  
(1) When any defendant fails to appear in the trial for crimes of political funds on the trial date even after a receipt of the lawful summons not under a service by public notice, the said date shall be set once again.
(2) When any defendant fails to appear without any justifiable reason on the date set once again or the date of trial opened thereafter, the trial procedures may be progressed without an appearance of the defendant.
(3) Where any trial procedures are progressed under the provisions of paragraph (2), the opinions of public prosecutors and lawyers present shall be heard.
(4) When the court has sentenced its adjudication under the provisions of paragraph (2), it shall notify the defendant or lawyers (limited to the case where there exist lawyers) of such facts by telephone or other swift means.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 33-8 (Notice Relating to Indictment or Adjudication)  
(1) Any public prosecutor who has indicted the representative of a political party, a member of the National Assembly, a head of local government, a member of local council, candidates for an election of public officials, the representative of a supporters’ association and the persons in charge of accounting for them for the crimes of political funds, he shall notify the competent election commission thereof.
(2) Any presiding judge who has made a final and conclusive judgment on the crimes under Articles 30 (Crimes of Illegal Giving or Receiving of Political Funds) through 33 (Crimes of Neglecting Various Duties) shall forward the certified copy of the said judgment document to the competent election commission.
[This Article Added by Act No. 7191, Mar. 12, 2004]
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 Article 34 (Enforcement Regulations)  
Matters necessary for the enforcement of this Act shall be prescribed by the Regulations of the National Election Commission. <Amended by Act No. 4740, Mar. 16, 1994>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Any political funds deposited with the National Election Commission at the time of the enforcement of this Act, shall be deemed to have been deposited under this Act.
(3) (Idem) The allocation ratio of the political funds shall be based on the ratio of the number of district parties of a political party registered with the National Election Commission at the time of disbursement thereof, notwithstanding the provisions of Articles 15 (1) and 18, until the day before the date of the first session of the National Assembly to be formed by the general election for members of the National Assembly held for the first time after the enforcement of this Act, but the timing for disbursement, procedures and other necessary matters may be prescribed by the Presidential Decree.
(4) (Idem) A supporters’ association shall, notwithstanding the provisions of Article 7, not collect money and other valuables until completion of the presidential election and general election for members of the National Assembly to be held for the first time after the enforcement of this Act.
ADDENDA<Act No. 4186, Dec. 30, 1989>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Political funds deposited with the National Election Commission at the time of the enforcement of this Act, shall be allocated and disbursed under the previous provisions.
(3) (Transitional Measures) Permission to raise money and other valuables by a supporters’ association, granted at the time of the enforcement of this Act, shall be deemed to be reported under this Act.
(4) (Appropriation for Subsidy in Budget) The subsidy as referred to in Article 17 (1) shall be appropriated commencing with the budget for 1990.
ADDENDA<Act No. 4463, Dec. 31, 1991>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Supporters’ Association) If a member of the National Assembly and a district party in which such member of the National Assembly is its representative, have all organized a supporters’ association, either the member of the National Assembly or the district party shall withdraw a designation for the relevant supporters’ association within fourteen days from the enforcement date of this Act.
(3) (Transitional Measures concerning Deposit Money) Any political funds deposited in the National Election Commission at the time when this Act enters into force, shall be allocated and disbursed under the previous provisions.
(4) (Appropriation for Subsidy in Budget) The subsidy as referred to in the amended provisions of Article 17 (1), shall be appropriated commencing with the budget for 1992.
ADDENDUM<Act No. 4497, Nov. 11, 1992>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 4740, Mar. 16, 1994>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 7 shall enter into force thirty days after this Act is promulgated.
(2) (Transitional Measures concerning Raising of Money and Other Valuables by Supporters’ Association) Any report on the raising of money and other valuables by the supporters’ association to the election commission, at the time when this Act enters into force, shall be considered as a report made under this Act.
(3) (Transitional Measures concerning Election to be Held due to Expiration of Term) In application of this Act, any election for the heads of local governments held for the first time after this Act enters into force, shall be considered as an election held due to the expiration of their term.
ADDENDUM<Act No. 5128, Dec. 30, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 5261, Jan. 13, 1997>
This Act shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 7 shall enter into force thirty days after the date of its promulgation.
ADDENDUM<Act No. 5413, Nov. 14, 1997>
This Act shall enter into force on the date of its promulgation: Provided, That the revised provisions of Article 19 (2) shall enter into force on January 1, 1998.
ADDENDUM<Act No. 6270, Feb. 16, 2000>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6516, Sep. 27, 2001>
(1) (Enforcement Date) This Act shall enter into force two months after the date of its promulgation.
(2) and (3) Omitted.
ADDENDUM<Act No. 6662, Mar. 7, 2002>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 17-2 shall enter into force on January 1, 2003.
ADDENDA<Act No. 7191, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation.
Article 2 (Transitional Measures concerning Supporters’ Association)
The supporters’ association of a district party registered under the previous provisions at the time of enforcement of this Act shall be dissolved on the enforcement date of this Act, and the supporters’ association of the City/Do branches shall be deemed to be a supporters’ association of the City/Do party registered under the provisions of this Act when the party department of a political party, which is the relevant authority to designate, has become a City/Do party under the provisions of Article 3 (Transitional Measures concerning Party Branches) of the Addenda of the Political Parties Act. <Amended by Act No. 7190, March 12, 2004>
Article 3 (Transitional Measures concerning Receipt Forms for Political Funds and Fixed Amount Receipts)
The receipt forms for political funds and fixed amount receipts issued under the previous provisions at the time of enforcement of this Act, may be used not later than 30 days after the enforcement of this Act.
Article 4 (Transitional Measures concerning Receipts for Party Members Fee)
The receipt for the party members fee which are used at the time of enforcement of this Act may be used not later than 30 days after the enforcement of this Act, and the written payment resolutions and a circulation of draft of purchase (payment) under the amended provisions of Articles 22-4 (Accounting Management of Political Parties) (2) shall be applied 30 days after the enforcement of this Act.
Article 5 (Transitional Measures concerning Supporters’ Association of Central Party and City/Do Party of Political Party)
Supporters’ associations of the central party and City/Do party of a political party under this Act shall be discontinued two years after the enforcement of this Act, and the provisions relating to the supporters’ associations of the central party and City/Do party of a political party shall be wholly abolished.
Article 6 (Transitional Measures concerning Ceiling of Annual Contribution by Supporters)
Where any supporters have made a contribution in excess of the ceiling of annual contributions pursuant to the previous provisions at the time of enforcement of this Act, it shall be deemed to be the ceiling of annual contributions under this Act.
Article 7 (Transitional Measures concerning Ceiling of Annual Collections or Contributions of Supporters)
Where the relevant supporters’ association has made a collection or contribution in excess of the ceiling of annual collections or annual contributions pursuant to the previous provisions at the time of enforcement of this Act, it shall be deemed to be the ceiling of annual collections or annual contributions.
Article 8 (Application Example concerning Allotments, etc. of Subsidies)
The ratio of obtained votes in the election for members of the National Assembly under the amended provisions of Articles 17-2 (Subsidy for Recommendation of Female to Official Post Candidate) and 18 (Distribution of Subsidy) shall be applicable from May 1, 2004, and the provisions concerning the subsidies to be paid to the policy research institution under the amended provisions of Article 19 (Restriction, etc. on Use of Subsidy) (2) shall be applicable from the date of establishment of the policy research institution during the period of less than 180 days after the enforcement of this Act.
Article 9 (Period of Establishment of Committee on Budget and Account)
The committee on budget and account of a political party under the provisions of Article 22-4 (Accounting Management of Political Parties) (2) 1 of this Act shall be placed not later than 180 days from the enforcement date of this Act.
Article 10 (Transitional Measures concerning Accounting Report of Dis trict Party)
Previous provisions shall govern any provisions for the accounting report of a district party registered under the previous provisions and of its supporters’ association.
Article 11 (Transitional Measures concerning Penal Provisions)
Previous provisions shall govern any application of penal provisions to the acts committed prior to the enforcement of this Act.
Article 12 Omitted.
Article 13 (Relations with Other Statutes)
In case where the provisions of the Political Fund Act are quoted in other Acts and subordinate statutes at the time of enforcement of this Act, if there exist any corresponding provisions in this Act, the corresponding provisions in this Act shall be deemed to have been quoted in lieu of the previous provisions.

Last updated : 2009-07-26