Korea, Republic of
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 2021 |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 2021 |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 2021 |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 2021 |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 2021 |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Comment
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. Source
Source: Article 31, Political Funds Act, 202 |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes, above certain threshold
Comment
One-time limit of 100,000 KRW, yearly limit of 1.2 million KRW Source
(3) Any supporter may anonymously make an one-time contribution of up to 100,000 won and make a contribution of up to 1.2 million won a year as his/her support payment. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes, above certain threshold
Comment
One-time limit of 100,000 KRW, yearly limit of 1.2 million KRW Source
(3) Any supporter may anonymously make an one-time contribution of up to 100,000 won and make a contribution of up to 1.2 million won a year as his/her support payment. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Source
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. No one shall contribute or receive any political funds in connection with any of the following acts: (...) 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with any of the following corporations: (a) A corporation that is created by the State, public organizations or pursuant to the provisions of any special Act; (b) A corporation whose majority shares and stake are owned by the State or any local government; (c) A corporation that receives directly or indirectly subsidies from the State or public organizations; (d) A corporation in which the Government invests or for which the Government offers a payment guarantee. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Source
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. No one shall contribute or receive any political funds in connection with any of the following acts: (...) 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with any of the following corporations: (a) A corporation that is created by the State, public organizations or pursuant to the provisions of any special Act; (b) A corporation whose majority shares and stake are owned by the State or any local government; (c) A corporation that receives directly or indirectly subsidies from the State or public organizations; (d) A corporation in which the Government invests or for which the Government offers a payment guarantee. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Source
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. No one shall contribute or receive any political funds in connection with any of the following acts: (...) 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with any of the following corporations: (a) A corporation that is created by the State, public organizations or pursuant to the provisions of any special Act; (b) A corporation whose majority shares and stake are owned by the State or any local government; (c) A corporation that receives directly or indirectly subsidies from the State or public organizations; (d) A corporation in which the Government invests or for which the Government offers a payment guarantee. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Source
(1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds. No one shall contribute or receive any political funds in connection with any of the following acts: (...) 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with any of the following corporations: (a) A corporation that is created by the State, public organizations or pursuant to the provisions of any special Act; (b) A corporation whose majority shares and stake are owned by the State or any local government; (c) A corporation that receives directly or indirectly subsidies from the State or public organizations; (d) A corporation in which the Government invests or for which the Government offers a payment guarantee. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
(1) No one shall contribute or receive any political funds in connection with any of the following acts: (…) 3. Soliciting or arranging favors in connection with clerical services that are performed by public officials in charge; 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with any of the following corporations: (a) A corporation that is created by the State, public organizations or pursuant to the provisions of any special Act; (b) A corporation whose majority shares and stake are owned by the State or any local government; (c) A corporation that receives directly or indirectly subsidies from the State or public organizations; (d) A corporation in which the Government invests or for which the Government offers a payment guarantee. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for both natural and legal persons
Comment
Legal persons not allowed to donate at all. Source
(1) No one shall contribute or receive any political fund which is not prescribed in this Act. (...) (4) Anyone who makes an one-time contribution of political funds in excess of 1.2 million won or anyone who pays political funds in excess of any of the following amounts according to this Act shall make such contribution and such payment by means of the check, credit card, the payment of such political funds to the deposit account or by other means that make it ascertain the identity of the donor: Provided, That the annual amount of political funds that are permitted to be contributed in cash shall not exceed 20/100 (10/100 of the limited amount of election expenses in the case of election expenses) of the total annual amount of political funds contributed: 1. Political funds other than election expenses: 500,000 won: Provided, That the political funds shall be 200,000 won for every candidate or every preliminary candidate who runs in an election for public office; 2. Election expenses: 200,000 won. |
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
500,000 for political funds other than election expenses, 200,000 for election expenses
Source
(1) No one shall contribute or receive any political fund which is not prescribed in this Act. (...) (4) Anyone who makes an one-time contribution of political funds in excess of 1.2 million won or anyone who pays political funds in excess of any of the following amounts according to this Act shall make such contribution and such payment by means of the check, credit card, the payment of such political funds to the deposit account or by other means that make it ascertain the identity of the donor: Provided, That the annual amount of political funds that are permitted to be contributed in cash shall not exceed 20/100 (10/100 of the limited amount of election expenses in the case of election expenses) of the total annual amount of political funds contributed: 1. Political funds other than election expenses: 500,000 won: Provided, That the political funds shall be 200,000 won for every candidate or every preliminary candidate who runs in an election for public office; 2. Election expenses: 200,000 won. |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for both natural and legal persons
Comment
Legal persons not allowed to make donations at all. Source
(1) No one shall contribute or receive any political fund which is not prescribed in this Act. (...) (4) Anyone who makes an one-time contribution of political funds in excess of 1.2 million won or anyone who pays political funds in excess of any of the following amounts according to this Act shall make such contribution and such payment by means of the check, credit card, the payment of such political funds to the deposit account or by other means that make it ascertain the identity of the donor: Provided, That the annual amount of political funds that are permitted to be contributed in cash shall not exceed 20/100 (10/100 of the limited amount of election expenses in the case of election expenses) of the total annual amount of political funds contributed: 1. Political funds other than election expenses: 500,000 won: Provided, That the political funds shall be 200,000 won for every candidate or every preliminary candidate who runs in an election for public office; 2. Election expenses: 200,000 won. |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
1. Political funds other than election expenses: 500,000 won: Provided, That the political funds shall be 200,000 won for every candidate or every preliminary candidate who runs in an election for public office; 2. Election expenses: 200,000 won.
Source
(1) No one shall contribute or receive any political fund which is not prescribed in this Act. (...) (4) Anyone who makes an one-time contribution of political funds in excess of 1.2 million won or anyone who pays political funds in excess of any of the following amounts according to this Act shall make such contribution and such payment by means of the check, credit card, the payment of such political funds to the deposit account or by other means that make it ascertain the identity of the donor: Provided, That the annual amount of political funds that are permitted to be contributed in cash shall not exceed 20/100 (10/100 of the limited amount of election expenses in the case of election expenses) of the total annual amount of political funds contributed: 1. Political funds other than election expenses: 500,000 won: Provided, That the political funds shall be 200,000 won for every candidate or every preliminary candidate who runs in an election for public office; 2. Election expenses: 200,000 won. |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Comment
Legal persons are not allowed to make donations. Source
The amount of support payments that is permitted to be contributed by each supporter to his/her supporters' association shall not exceed 20 million won per year. |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
The amount of support payments that is permitted to be contributed by each supporter to his/her supporters' association shall not exceed 20 million won per year.
Source
Source: Article 11, Political Funds Act, 2021 |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
Yes, specific limit for candidates
Comment
(1) The restricted amount of election expenses shall be the amount to be computed for each election pursuant to each of the following. (...) Source
Source: Article 121, Public Official Election Act, 2021 |
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Normal donation limits also apply to in-kind donations. Source
1. The types of political funds shall be as follows: (...) (f) Money, securities or goods that are provided to a political party (including any Preparatory Committee for Central Party Formation), persons who intend to become candidates under the Public Official Election Act, candidates or persons who win elections, supporters' associations and senior officials or staff in charge of clerical services of political parties or other persons who are engaged in political activities; (...) 2. The term "contributions" means any act of providing political funds, which is performed by individuals, supporters' associations and other persons, in order to financially support political activities. In such cases, any third party’s act of bearing or paying expenses needed for anyone who carries out political activities, furnishing money and goods, renting facilities free of charge, exempting and reducing any debt and offering any interest, etc. shall be all deemed contributions; |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Normal donation limits apply to in-kind donations. Source
1. The types of political funds shall be as follows: (...) (f) Money, securities or goods that are provided to a political party (including any Preparatory Committee for Central Party Formation), persons who intend to become candidates under the Public Official Election Act, candidates or persons who win elections, supporters' associations and senior officials or staff in charge of clerical services of political parties or other persons who are engaged in political activities; (...) 2. The term "contributions" means any act of providing political funds, which is performed by individuals, supporters' associations and other persons, in order to financially support political activities. In such cases, any third party’s act of bearing or paying expenses needed for anyone who carries out political activities, furnishing money and goods, renting facilities free of charge, exempting and reducing any debt and offering any interest, etc. shall be all deemed contributions; |
23. Is there a ban on political parties engaging in commercial activities? |
Code
Yes
Comment
Implied by article 2 Of the Political Funds Act, 2021. Source
Article 2 (Basic Principles) [Public Funds Act, 2021] |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
|
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
|
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Sometimes
Comment
(4) Anyone who makes an one-time contribution of political funds in excess of 1.2 million won or anyone who pays political funds in excess of any of the following amounts according to this Act shall make such contribution and such payment by means of the check, credit card, the payment of such political funds to the deposit account or by other means that make it ascertain the identity of the donor: Provided, That the annual amount of political funds that are permitted to be contributed in cash shall not exceed 20/100 (10/100 of the limited amount of election expenses in the case of election expenses) of the total annual amount of political funds contributed. Source
Source: Article 2, Political Funds Act, 2021 |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Source
(1) The State shall appropriate an amount (…) as subsidies to political parties each year |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
(1) 50/100 of the ordinary subsidies and the election subsidies shall be evenly distributed and paid to political parties that form negotiating groups made up of legislators who belong to such political parties by political party according to the provisions of the main sentence of Article 33 (1) of the National Assembly Act at the time of distributing and paying them. (2) 5/100 of the ordinary subsidies and the election subsidies shall be each distributed and paid to political parties that each hold at least five seats in the National Assembly and are not subject to the distribution and payment referred to in paragraph (1) at the time of distributing and paying them and 2/100 of the ordinary subsidies and the election subsidies shall be distributed and paid to any of the following political parties that each hold either no single seat or less than five seats in the National Assembly: Source
Source: Article 27, Political Funds Act, 2021 |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Comment
(1) The State shall appropriate an amount obtained by multiplying the unit price for appropriation of subsidies by the total number of eligible voters in an election for National Assembly members recently held at the expiration of their term of office to budget as subsidies to political parties every year. In such cases, when any change is made in the total number of eligible voters due to an election for National Assembly members held at the expiration of their term of office, subsidies that are paid after the relevant election is finished shall be appropriated in budget based on the changed total number of eligible voters. <Amended by Act No. 8880, Feb. 29, 2008> Source
Article 25 (Inclusion of Subsidies) [Public Funds Act, 2021] |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Comment
(1) Subsidies shall be used only to cover the following expenses that are needed to operate political parties: 1. Labor cost; 2. Expenses for office fixtures and expendable goods; 3. Expenses for opening and operating offices; 4. Expenses for public utility charges; 5. Expenses for developing policies; 6. Expenses for training and educating party members; 7. Expenses for party activities; 8. Expenses for public relations; 9. Expenses for elections. (2) Every political party that is paid the ordinary subsidies shall use at least 30/100 of such ordinary subsidies for its policy development institute (referring to the policy development institute provided for in the provisions of Article 38 of the Political Parties Act; hereinafter the same shall apply), distribute and pay at least 10/100 thereof to its City/Do party branch offices and use at least 10/100 thereof for the development of female politics. (3) Every political party may pay its subsidies to its candidates and its preliminary candidates who are its members to run in elections for public office. The subsidies for fielding female candidates and those for fielding disabled candidate shall be used for the election expenses of female candidates and disabled candidates, notwithstanding paragraph (1). <Amended by Act No. 9975, Jan. 25, 2010> (4) The members and staff of election commissions at various levels (excluding Eup/Myeon/Dong election commissions) may, if deemed necessary to supervise political parties that are paid subsidies or any person who is paid subsidies and other related persons or to confirm whether the subsidies are used in violation of this Act, audit the expenditure of such subsidies. Source
Source: Article 28, Public Funds Act, 2021 |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
(1) The Central Electoral Broadcasting Discussion Forum under the provisions of Article 8-7 of the Public Official Election Act shall hold a policy discussion meeting (hereinafter referred to as a "policy discussion meeting") by inviting the persons designated by the representative of the Central Party or the president of policy research institutes at least twice per year during the period excluding that from 90 days (during an election, or re-election due to a vacancy of the office of President, the fixed day of circumstances giving rise to holding the said election) before the election day of a general election (including an election, or re-election due to a vacancy of the office of President) to the election day. (1) The Central Election Debate Broadcasting Committee shall hold a policy debate (hereafter in this Article, referred to as "policy debates") not less than once each month in order to make it possible for a political party to manifest its platform and policy through the broadcasting, by inviting the representative of the political party falling under each of the following subparagraphs ... Source
Source: Article 39, Political Parties Act, 2020; Source: Article 82-3, Public Officials Election Act, 2021 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Comment
Parties must have five or more seats in the National Assembly, and have received 3% or more of the votes in the preceding presidential election, election for proportional representative National Assembly members or election for proportional representative City/Do Council members. (1) The Central Election Debate Broadcasting Committee shall hold a policy debate (hereafter in this Article, referred to as "policy debates") not less than once each month in order to make it possible for a political party to manifest its platform and policy through the broadcasting, by inviting the representative of the political party falling under each of the following subparagraphs (excluding the political party that has publicly announced that it shall not participate in an election) or the person nominated by him, from 90 days prior to the election day (in the election or reelection due to presidential vacancy, the month next to the day on which the reasons for holding the said election have become definite) of the election due to expiration of term of office (including the election or reelection due to the presidential vacancy) to the day immediately preceding the commencement date of candidates' registrations: Source
Source: Article 82-3, Public Officials Election Act, 2021 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Yes
Comment
(1) The Central Election Debate Broadcasting Committee shall hold interviews or debates in the presidential election and the election for proportional representative National Assembly members under the conditions as prescribed in each of the following during an election campaign period. Source
Source: Article 82-2, Public Officials Election Act, 2021 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
Provision of transportation for presidential candidates (1) In a presidential election, the President of the Korea Railroad Corporation shall issue each candidate with 50 free nationwide passes to be used continuously for the election campaign during the election campaign period, as prescribed by Regulations of the National Election Commission. Source
Source: Article 83, Public Officials Election Act, 2021 |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
Subsidies for female candidates running for election as National Assembly member, City/Do council members, or autonomous Gu/Si/Gun council members available. (1) The State shall include an amount obtained by multiplying 100 won by the total number of eligible voters in the most recently held election for National Assembly members at the expiration of their terms of office, in the budget of the year during which an election for National Assembly members, an election for City/Do council members, or an election for autonomous Gu/Si/Gun council members is held at the expiration of their terms of office as subsidies for payment to political parties that field female candidates to run in an election for constituency National Assembly members, an election for constituency City/Do council members, or an election for constituency autonomous Gu/Si/Gun council members (hereinafter referred to as "subsidies for fielding female candidates"). Source
Source: Article 26, Political Funds Act, 2021 |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Yes, funds earmarked for gender activities
Comment
(2) Every political party that is paid the ordinary subsidies shall use at least 30/100 of such ordinary subsidies for its policy development institute (referring to the policy development institute provided for in the provisions of Article 38 of the Political Parties Act; hereinafter the same shall apply), distribute and pay at least 10/100 thereof to its City/Do party branch offices and use at least 10/100 thereof for the development of female politics. Source
Source: Article 28, Political Funds Act, 2021 |
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Comment
(1) Any of the following persons shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won: Source
Source: Article 230, Public Officials Election Act, 2021 |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
Specific restrictions exist for political elections at each level. "...2. The election of National Assembly members of local constituency: 100 million won + (number of population × 200 won) ＋ (the number of Eup/Myeon/Dong × 2 million won): In this case, if one local constituency for electing a member to the National Assembly is composed of at least two autonomous Gus/Ssi/Guns, the amount of 15 million won shall be added for each more than one autonomous Gu/Si/Gun; 3. The election of proportional representative National Assembly members: Number of population × 90 won;" Source
(1) For the purpose of this Act, the term "election expenses" means money, goods, obligation, or other things of economic value required for the election campaign in the election concerned and borne by a candidate (including a person intending to become a candidate, and including a political party which recommends a candidate in the presidential election, in the election of the proportional representative National Assembly members and in the election of the proportional representative local council members; hereafter in this paragraph, the same shall apply) (1) The restricted amount of election expenses shall be the amount to be computed for each election pursuant to each of the following. (...) 6. The election of Mayors/Do Governors: |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Specific restrictions exist for political elections at each level. "...2. The election of National Assembly members of local constituency: 100 million won + (number of population × 200 won) ＋ (the number of Eup/Myeon/Dong × 2 million won): In this case, if one local constituency for electing a member to the National Assembly is composed of at least two autonomous Gus/Ssi/Guns, the amount of 15 million won shall be added for each more than one autonomous Gu/Si/Gun; 3. The election of proportional representative National Assembly members: Number of population × 90 won;"
Source
1. A presidential election: Number of population × 950 won; |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
"... 2. The election of National Assembly members of local constituency: 100 million won + (number of population × 200 won) ＋ (the number of Eup/Myeon/Dong × 2 million won): In this case, if one local constituency for electing a member to the National Assembly is composed of at least two autonomous Gus/Ssi/Guns, the amount of 15 million won shall be added for each more than one autonomous Gu/Si/Gun; 3. The election of proportional representative National Assembly members: Number of population × 90 won;" Source
(1) The restricted amount of election expenses shall be the amount to be computed for each election pursuant to each of the following. (...) |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
"2. The election of National Assembly members of local constituency: 100 million won + (number of population × 200 won) ＋ (the number of Eup/Myeon/Dong × 2 million won): In this case, if one local constituency for electing a member to the National Assembly is composed of at least two autonomous Gus/Ssi/Guns, the amount of 15 million won shall be added for each more than one autonomous Gu/Si/Gun; 3. The election of proportional representative National Assembly members: Number of population × 90 won;"
Source
1. A presidential election: Number of population × 950 won; |
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit for party/candidate includes spending by other on their behalf
Source
(1) For the purpose of this Act, the term "election expenses" means money, goods, obligation, or other things of economic value required for the election campaign in the election concerned and borne by a candidate (including a person intending to become a candidate, and including a political party which recommends a candidate in the presidential election, in the election of the proportional representative National Assembly members and in the election of the proportional representative local council members; hereafter in this paragraph, the same shall apply) and expenses falling under any of the following subparagraphs: |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for political parties
Yes, for candidates
Comment
Not a limit on spending but on the number of times of newspaper and broadcast advertisements. Source
(1) Any candidate (referring to the political party that recommends its candidate in a presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members; hereafter the same shall apply in this Article) may run an advertisement of the platform or policy of the political party to which the candidate belongs, the candidate's political views, political fund-raising (limited to presidential elections), and other matters necessary for the publicity in a daily newspaper provided for in subparagraph 1 (a) or (b) of Article 2 of the Act on the Promotion of Newspapers, Etc. from the commencement date of an election period to two days before the election day, pursuant to the following. In such cases, one run of advertisements in a daily newspaper shall be deemed one instance of a newspaper advertisement in calculating the frequency of advertisements in the daily newspaper: (1) A candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members; hereafter in this Article the same shall apply) may run an advertisement of the platform or policy of the political party to which he/she belongs, his/her political views, and other matters necessary for publicity using television or radio broadcasting facilities [referring to a radio station managed and operated by the broadcasting business operator under the Broadcasting Act and the composite cable broadcasting stations (including channels of the operators using broadcasting channels for specialized news programs); hereafter the same shall apply in this Article] during the election campaign period, pursuant to the following, but the advertising time shall not exceed one minute at a time. In such cases, the re-broadcasting shall be included in the calculation of the advertisement frequency, but a concurrent use of the relevant broadcasting networks with a selection of one television or radio broadcasting facility shall be deemed one time: <Amended by Act No. 5262, Jan. 13, 1997; Act No. 5412, Nov. 14, 1997; Act No. 5537, Apr. 30, 1998; Act No. 6265, Feb. 16, 2000; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 9974 Jan. 25, 2010> |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
Yes
Source
(1) Every candidate (referring to the political party that recommends its candidate in the presidential election and the political party that recommends its candidates in the election of the proportional representative National Assembly members and the election of the proportional representative local council members; hereafter in this Article the same shall apply) may post his/her advertisements for his/her election campaign (hereinafter referred to as "Internet advertisements") on the web-sites of Internet press agencies. |
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
1. The person in charge of accounting of each political party: (a) The year during which the relevant political party does not participate in elections for public office: By February 15 (by January 31 in the case of a City/Do party branch office) of the next year as of December 31 from January 1 of every year; Source
Source: Article 40, Political Funds Act, 2021 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
1. The person in charge of accounting of each political party: (a) The year during which the relevant political party does not participate in elections for public office: By February 15 (by January 31 in the case of a City/Do party branch office) of the next year as of December 31 from January 1 of every year; (b) The year during which the relevant political party participates in nationwide elections for public office: Within 30 days (40 days, in the case of a presidential election or an election for proportional representative National Assembly members) after an election in the relevant year is held as of the date 20 days after the election (where a party election campaign office is closed 20 days after the election, referring to the date of its closure) from January 1 of every year (in the case of a party election campaign office, the date of its establishment); by February 15 (by January 31, in the case of a City/Do party branch office) of the next year as of December 31 from the date 20 days after the election; (c) The year during which the relevant political party participates in by-elections for public office, which are held in part of the national constituencies: Item (a) shall apply to party headquarters and policy development institutes and item (b) shall apply to a relevant City/Do party branch office and party election campaign offices. Source
Source: Article 40, Political Funds Act, 2021 |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
2. The person in charge of accounting of a National Assembly member who has a supporters' association: (a) The year during which he/she does not participate in an election for public office: By January 1 of the next year as of December 21 from January 1 of every year; (b) The year during which he/she participates in an election for public office: Within 30 days after an election is held as of the date 20 days after the election from January 1 of every year; By January 31 of the next year as of December 31 from the date 20 days after the election. Source
Source: Article 40, Political Funds Act, 2021 |
50. Do third parties have to report on election campaign finances? |
Code
No
|
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
(2) The competent election commission shall keep the current status of property holdings, the details of revenue and expenditure of political funds and the accompanied documents reported pursuant to the provisions of Article 40 (3) and (4) and make it available for public inspection for three months (hereinafter referred to as "inspection period") from the date on which they are published under paragraph (1) Source
Source: Article 42, Public Funds Act, 2021 |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
(4) Notwithstanding the provisions of paragraphs (2) and (3), the personal details of a person who contributes not more than three million won (referring to five million won in the case of a supporters' association for a presidential candidate, etc. or a candidate for an intra-party competition in a presidential election) a year to a supporters' association and the amount thereof shall not be published. Source
Source: Article 42, Public Funds Act, 2021 |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Comment
(1) Every person in charge of accounting shall keep an accounting book and enter therein matters concerning the revenue and the expenditure of political funds under the conditions as prescribed in each of the following subparagraphs. In such cases, the accounting of subsidies, political funds other than subsidies, election expenses and political funds other than election expenses shall be separately performed by opening separate accounts for each. Source
Source: Article 37, Political Funds Act, 2021 |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
(1) Every person in charge of accounting shall keep an accounting book and enter therein matters concerning the revenue and the expenditure of political funds under the conditions as prescribed in each of the following subparagraphs. In such cases, the accounting of subsidies, political funds other than subsidies, election expenses and political funds other than election expenses shall be separately performed by opening separate accounts for each. Source
Source: Article 37, Political Funds Act, 2021 |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
(2) The competent election commission shall keep the current status of property holdings, the details of revenue and expenditure of political funds and the accompanied documents reported pursuant to the provisions of Article 40 (3) and (4) and make it available for public inspection for three months (hereinafter referred to as "inspection period") from the date on which they are published under paragraph (1) Source
Source: Article 42, Political Funds Act, 2021 |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
EMB
Comment
(6) Anyone who is dissatisfied with the current status of property holdings, the details of revenue and expenditure of political funds or the attached documents that are reported to the competent election commission under Article 40 may raise an objection in writing accompanied by evidential documents to the competent election commission during the inspection period. (7) The competent election commission shall, upon receiving the objection raised pursuant to the provisions of paragraph (6), examine and verify matters concerning the objection raised (excluding the matters falling under the provisions of the proviso to Article 39) within 60 days from the date on which such objection is submitted and inform the applicant of the result of such examination and confirmation. Source
Source: Article 42, Political Funds Act, 2021 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Comment
(1) The members and employees of an election commission at various levels (excluding an Eup/Myeon/Dong election commission; hereafter in this Article the same shall apply) may, when it is deemed necessary to confirm the revenue and expenditure of the election expenses, check ac counting books and disbursement and receipt documents and investigate candidates and preliminary candidates to run in elections for public office, persons in charge of accounting of political parties, persons who are paid expenses from election funds or are entitled to receive them and other persons concerned and also ask for the making of reports and submission of materials. (2) Anyone who receives the request referred to in the provisions of paragraph (1) from the election commission shall comply with such request without delay. (1) Where it is recognized that any offense violating this Act is suspected or a report on any flagrant offender is received, the members and employees of an election commission at various levels (excluding Eup/Myeon/Dong election commissions; hereafter the same in this Article shall apply) may enter the place of any political party and any supporters' association to question and investigate any National Assembly member who has a supporters' association, any candidate for an intra-party competition in a presidential election, any candidate, etc. for a party representative competition, any candidate or preliminary candidate to run in elections for public office, any person in charge of accounting, anyone who has contributed or received political funds, anyone who has been paid expenses from political funds or is entitled to expenses from political funds and other persons concerned, or request them to submit related documents and materials needed to conduct their investigation. Source
Source: Article 43, Political Funds Act, 2021; Article 52, Political Funds Act, 2021 |
58. What sanctions are provided for political finance infractions? |
Code
Comment
(1) Anyone (referring to a person who commits the relevant act of violation as a member of a political party, a supporters' association, a corporation or any other organization; hereinafter the same shall apply) who contributes or receives political funds in violation of this Act shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding ten million won: Anyone who is sentenced to imprisonment with labor on the grounds of an offense falling under the provisions of Article 45 shall be prohibited from taking any public office or being appointed to any public office for ten years after the exception of the sentence is made definite or the enforcement of the sentence is terminated or exempted, anyone who is sentenced to a stay of the execution of the imprisonment with labor shall be prohibited from taking any public office or being appointed to any public office for ten years after the execution of the sentence is made definite, anyone who is sentenced to a fine exceeding one million won shall be prohibited from taking any public office or being appointed to any public office falling under any subparagraph of Article 266 (1) of the Public Official Election Act for five years after the enforcement of the sentence is made definite and anyone who has already taken or has been appointed to any public office shall be dismissed therefrom. Source
Source: Article 45, Political Funds Act, 2021; Article 57, Political Funds Act, 2021 |
