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(영문) 대법원 2013.10.31 2011도8649
정치자금법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. 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) provides that "no person shall contribute any political funds with funds related to any domestic or foreign corporation or organization."

The purpose of the Political Funds Act prohibiting the donation of political funds by corporations or organizations is to block the exercise of voice political influence by the interest of corporations or organizations and the conduct detrimental to the fairness of election, and to prevent the distortion of the will of corporations or members of organizations.

On the other hand, in the process of legislation on the prohibition of the organization's contribution of political funds, there is a need to regulate the act of lowering the purpose of the organization's contribution of political funds by providing political funds through individuals, such as executives, etc., as provided by Article 31 (1) of the Political Funds Act, and Article 31 (2) of the Political Funds Act is provided so that anyone can not contribute political funds related to organizations in order to prevent the evasion of the law.

In light of such legislative intent and history, contents and relationship of each provision, etc., the phrase “a corporation or organization shall not contribute any political funds” in Article 31(1) of the Political Funds Act shall be deemed to be a provision prohibiting any corporation or organization from contributing any political funds with its own funds. Meanwhile, even if a corporation or organization does not contribute any political funds by itself, Article 31(2) of the Political Funds Act prohibits any corporation or organization from contributing any political funds with its own funds, and only if a corporation or organization is related to the preparation of the funds for contribution, it shall be related to a corporation or organization that is subject to the contribution of Article 31(2) of the Political Funds Act.

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