[2] The case where the “funds related to a corporation or organization” as provided by Article 31(2) of the Political Funds Act refers to the “funds related to a corporation or organization” and the criteria for determination

Article 31(1) of the Political Funds Act provides that “no foreigner, domestic or foreign corporation or organization shall contribute political funds,” and Article 31(2) of the same Act provides that “no person shall contribute political funds with funds related to domestic or foreign corporations or organizations.” The purport of the Political Funds Act prohibiting such a corporation or organization from contributing political funds is to prevent any act detrimental to a corporation or organization’s interest in political influence and the fairness of election, etc. and to prevent any distortion of the intent of the corporation or organization members. Meanwhile, in the process of legislation on whether to contribute political funds of an organization, a corporation or organization, such as a company, provides political funds through an individual, such as an executive, etc., and to distort the intent of the organization’s contribution of political funds as provided in Article 31(1) of the Political Funds Act, including a corporation, etc., and that, in order to prevent any evasion of the law, any person may contribute political funds related to an organization.” Article 31(2) and Article 31(2) of the Political Funds Act also includes a corporation or organization’s basic fund-making within the scope of 20.

In light of the language and purport of these provisions, “a corporation or organization shall not contribute any political fund” in Article 31(1) of the Political Fund Act shall be deemed as a provision prohibiting any corporation or organization from contributing any political fund by itself in light of the relationship with Article 31(2) of the Political Fund Act or its legislative history. Meanwhile, even if a corporation or organization does not contribute any political fund by itself under Article 31(2) of the Political Fund Act, if a corporation or organization engages in any form of fund-raising, it shall not be deemed as falling under “a fund related to a corporation or organization” that is the subject of a contribution under Article 31(2) of the Political Fund Act, and if a corporation or organization is involved in raising and raising funds by actively and actively participating in raising and raising funds, it shall be deemed as a “corporation or organization related to a fund” that can be disposed of at least the same amount as that of the corporation or organization, and whether the fund-raising or raising funds is related to 1060% of the total amount of the fund-raising fund-raising or 200.

According to the records of this case: ① around August 16, 2005, the names of the executives of the Korean Federation of Public Kindergarten Teachers (hereinafter “Federation”) were revealed that there were only 10,000 won for each community member’s support fund, and the minutes of the Association were sent to 10,000 won for each community, e-mail donation by 10,000 won for each community, 10,000 won, 50,000, Busan (50), 50, 100, 50, 60, 300, 50, 100, 50, 100, 100, 100, and 100, 10,000, and 10,000, 7,000,000, and 10,000,000,00,000 won and more than 20,00,000 won.

Examining these facts and circumstances in light of the legal principles as seen earlier, it is difficult to view the term “funds related to organizations” under Article 31(2) of the Political Funds Act as a case where a federation does not directly contribute political funds with its own funds, and thus, an organization prohibited under Article 31(1) of the same Act cannot be deemed as a case where political funds are contributed. Furthermore, when considering the overall process of collecting and making contributions, including the form of raising funds and raising funds in this case, the size of funds raised, the process of raising funds and raising funds, and the process of making contributions, it cannot be deemed that the federation is able to dispose of funds raised and raised by the corporation or organization or at least the same amount of funds that can be raised. Although it is somewhat inappropriate in the reasoning of the lower court’s reasoning, the lower court’s determination that Defendant 1 contributed political funds in violation of Article 31 of the Political Funds Act and the facts charged against Defendant 2 on this premise constitutes a case where there is no proof of a crime is justifiable.

On the contrary, Article 31(1) of the Political Funds Act is formally owned by an individual, even if it is deemed that the act of donation of political funds can be seen as an organization, such as where the act of donation of political funds is led by an organization, and it is reasonable to interpret Article 31(2) of the same Act as the act of donation of political funds. As such, it is reasonable to interpret Article 31(2) of the same Act as the act of donation of political funds in this case, and under the premise that the act of violation of the two provisions in this case constitutes “funds related to an organization” as provided by Article 31(2) of the Political Funds Act, provided that the act of donation of political funds is in a commercial competition relationship between the two provisions in this case, or that insofar as the organization primarily raises and raises political funds by using its name, it constitutes “funds related to an organization” as provided by Article 31(2) of the same Act. The argument in the judgment below is not acceptable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-dae (Presiding Justice)