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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Article 31(1) of the Political Funds Act provides that "no foreigner, domestic or foreign corporation or organization shall contribute any political funds," and Article 31(2) of the Political Funds Act provides that "no person shall contribute any political funds with funds related to any domestic or foreign corporation or organization."
The purport of the Political Funds Act prohibiting the donation of political funds by corporations or organizations is to block acts detrimental to the exercise of voice political influence and the fairness of election by those corporations or organizations, and to prevent distortion of the intent of the corporations or organizations. Meanwhile, in the process of enacting the Act prohibiting the donation of political funds by organizations, there is a need to regulate the acts of excluding political funds by offering political funds through individuals, such as executives, etc., as stipulated in Article 31(1) of the Political Funds Act, as the companies and other corporations or organizations provide political funds through individuals, etc., the legislative intent of the provision is to prevent anyone from contributing political funds related to organizations, and as such, Article 31(2) of the Political Funds Act provides that anyone is prohibited from contributing political funds in order to prevent an evasion of the law, “funds related to corporations or organizations” as stipulated in Article 31(2) of the Political Funds Act refers to funds that can be contributed according to the decision-making of such corporations or organizations.
In addition, this includes not only unique assets which form the basis for the existence of a corporation or an organization, but also funds raised by a corporation or an organization in its own name.
(See Constitutional Court Order 2008Hun-Ba89, Dec. 28, 2010). In light of the language and purport of the provision, etc., a juristic person or an organization itself is entitled to contribute political funds in light of the relationship with Article 31(1) of the Political Funds Act and its legislative history.