법인·단체의 소액기부 허용 적실성에 대한 고찰 - 정치자금법상 법인·단체의 정치자금 기부금지조항에 대한 비판적 고찰 -

Abstract

Recently, the Constitutional Court decided the provision of the Political Fund Act which prohibit the political donation of corporate body and association as constitutional. In this decision the Constitutional Court found that the fairness of election is more important than the freedom of corporate body and association. This decision is questionable because it did not show enough consideration about the freedom of political party. Moreover, this decision did not show enough consideration about the party politics of Korea. Representative democracy put the total profit of the nation above the partial profit of the corporate body or association. So the political donation of corporate body and association cannot be justified easily when we consider the ask of the representative democracy. The Political Fund Act prohibit fund donation of corporate body and association, and it would be a more appropriate institution for representative democracy. Otherwise, party democracy cannot deny that the party put the partial profit above the total profit of the nation in legislation process because the existence of party rely on the pursuit of the partial profit. So the political donation of corporate body and association can be justified when we consider the ask of the party democracy. On the other hand, the provision of the Political Fun Act that prohibit the donation of association is one reason to defoliation of small political parties. This provision is unfavorable to the small party rather than big party, because big party can fund their money by the state subsidy. As a conclusion this paper argues that it will be better choice for the National Assembly low the political donation to the party rather than to the individual representative when we consider the improvement of the Political Fund Act provisions related the political donation by the association and cooperate body.