국고보조금 제도의 법적 문제점과 개선방안- 주요 유럽국들의 국고보조금 제도를 비교하며 -

Abstract

As a legal problem with the current state subsidies allocation and payment standards, first, the difference in the size of the distribution of state subsidies between the ‘party that constitutes a Negotiation Group’ and the ‘party that does not form a Negotiation Group’ in the Political Fund Act ｛(50/100) versus (5/100 to 2/100)｝ are not proportional. Second, the results of the distribution and payment of state subsidies were not actually proportional to political parties. Third, the payment of women’s recommendation subsidies only because of the fact that political parties recommended women candidates in public elections is not related to the election result, which is the political will of the people, and thus does not have a constitutional justification. Fourth, the current system of distributing and distributing state subsidies is a system that discriminates between small and new political parties compared to large political parties. There are four sources of financial revenue for German political parties. ① political party’s own income, ② state subsidies, ③ financial aid to Negotiation Group, and ④ financial aid to political party’s foundation. In relation to the distribution and payment of German subsidies, the total amount of state subsidies paid by the state cannot exceed the political party’s own income under the Party Act. This is called the ‘relative maximum’. The Party Act also sets out the total amount of state subsidies paid to all political parties. The total amount of state subsidies that cannot be exceeded is called an ‘absolute maximum’. The most important criterion for the distribution and payment of state subsidies should be the number of votes in parliamentary elections. In addition, it is appropriate to define the absolute maximum of the total amount of state subsidies in political parties in the Political Fund Office Management Rules. Afterwards, the accounting inspection of the execution details used by the political party should be strengthened to enhance the transparency of accounting. It is also worth considering that the state subsidies are paid in proportion to the self-procured income by applying a ‘matching fund system’ to the state subsidies.