The scope of "institutions, organizations, or facilities" prescribed as the other party who is prohibited from making contributions under the Act on the Election of Public Officials and the Prevention of Election Malpractice.

In Articles 257(1)1, 113, and 112(1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election Act, the term "institutions, organizations, or facilities", which provide as the other party who is unable to make a contribution during the period of restriction on contribution acts, is sufficient in the case of a continuous organization or facilities of a large number of persons on the grounds of their activities in the relevant constituency, and shall not be deemed to be limited to organizations that meet all the formal and substantial requirements, such as corporations under

Articles 112(1), 113, and 257(1)1 of the Act on the Election of Public Officials and the Prevention of Election Malpractice

Defendant

Defendant

Attorney Park Jong-chul

Seoul High Court Decision 96No178 delivered on April 4, 1996

The appeal is dismissed.

The grounds of appeal are examined.

1. On the first ground for appeal

In Articles 257(1)1, 113, and 112(1) of the Act on the Election of Public Officials and the Prevention of Election Illegal Acts (hereinafter referred to as the "Act"), "institutions, organizations, and facilities", which provide as the other party who is prohibited from making a contribution during the period of restriction on contribution acts, are sufficient in the case of continuous organization or facilities of a large number of persons on the grounds of their activities in the relevant constituency, and cannot be deemed to be limited to organizations that meet all formal and substantial requirements, such as corporations under the Civil Act.

Therefore, as determined by the court below, the old citizen scholarship foundation at issue in this case shall be deemed to constitute an "institution, organization, or facility located in the constituency concerned" under the above Article 1 of the above Act, if the old citizen scholarship foundation, which was at issue, attended a meeting of the old citizen scholarship council and elected the representative and executive officers, completed the articles of association, and formed the scholarship fund exceeding 40 million won by 50 persons, and deposited the fund in the financial institution and deposited it. However, if the foundation did not register its incorporation, it shall be deemed to constitute an "institution, organization, or facility in the constituency concerned" under the above Article. The judgment of the court below to the same purport is just, and there is no error of law by misunderstanding the legal principles of the above Article, and there is no error

2. On the second ground for appeal

The grounds for unfair sentencing cited in the grounds for appeal are not legitimate grounds for appeal in this case, which sentenced a fine as stated in the original judgment. The grounds for appeal pointing this out cannot be accepted.

3. Therefore, the appeal of this case is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)