Korea, Republic of

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

  • Source

    Political Funds Act (2016)

7. Is there a ban on anonymous donations to political parties?
  • CodeNo, but specific limit
  • Comment

    Article 11 (Limited Amount, etc. of Contributions by Supporters) ... ( 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.

  • Source

    Political Funds Act (2016)

8. Is there a ban on anonymous donations to candidates?
  • CodeNo, but specific limit
  • Comment

    Article 11 (Limited Amount, etc. of Contributions by Supporters) ... ( 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.

  • Source

    Political Funds Act (2016)

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

    Article 32 (Restrictions on Contributions Related to Specific Acts) 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.

  • Source

    Political Funds Act (2016)

10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

    Article 32 (Restrictions on Contributions Related to Specific Acts) 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.

  • Source

    Political Funds Act (2016)

11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

    Article 32 (Restrictions on Contributions Related to Specific Acts) 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.

  • Source

    Political Funds Act (2016)

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment

    Article 31 (Restrictions on Contributions): (1) Every foreigner, corporation or organization both at home and abroad shall be prohibited from contributing any political funds.

    Article 32 (Restrictions on Contributions Related to Specific Acts) 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.

  • Source

    Political Funds Act (2016)

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    Article 32 (Restrictions on Contributions Related to Specific Acts) 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;

  • Source

    Political Funds Act (2016)

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for natural persons
  • Comment

    Article 2 (Basic Principles) (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.

  • Source

    Political Funds Act (2016)

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 20% of total annual revenue, or 10% of election expenses
  • Comment

    Article 2 (Basic Principles) (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.

  • Source

    Political Funds Act (2016)

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeYes, for natural persons
  • Comment

    Article 2 (Basic Principles) (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.

  • Source

    Political Funds Act (2016)

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 10% of election expenses
  • Comment

    Article 2 (Basic Principles) (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.

  • Source

    Political Funds Act (2016)

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for natural persons
  • Comment

    Article 11 (Limited Amount, etc. of Contributions by Supporters): 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

    Political Funds Act (2016)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • Code 20,000,000 won
  • Comment

    Article 11 (Limited Amount, etc. of Contributions by Supporters): 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

    Political Funds Act (2016)

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeSpecific limit for candidates
  • Comment

    Article 113 (Restriction on Contribution by Candidates, etc.) (1) A National Assembly member, a local council member, the head of a local government, the representative of a political party, a candidate (including a person intending to become a candidate), and their spouse shall not be allowed to make a contribution act (including officiating at a wedding) to those within the relevant constituency, or institutions, organizations or facilities, or to those having connections with the electorate even if they are outside of the relevant constituency, or institutions, organizations or facilities.

  • Source

    Political Funds Act (2016)

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    It is included in definition of "public funds"

  • Source

    Article 2, Political Funds Act

22. Is there a limit on in-kind donations to candidates?
  • CodeYes
  • Comment

    It is included in definition of "public funds"

  • Source

    Article 2, Political Funds Act

23. Is there a ban on political parties engaging in commercial activities?
  • CodeYes
  • Comment

    Implied by Article 2, Political Funds Act

  • Source

    Political Funds Act (2016)

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    Article 25 (Inclusion of Subsidies): (1) The State shall appropriate an amount …. as subsidies to political parties every year.

  • Source

    Political Funds Act (2016)

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of votes in previous election | Share of seats in previous election
  • Comment

    Article 27 (Distribution of Subsidies) (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: 1. In the case of a political party that participated in the most recently held election for National Assembly members at the expiration of terms of office, its ratio of the number of the votes obtained in the election for the National Assembly members is at least 2/100; 2. In the case of a political party that does not fall under subparagraph 1 but holds its seats in the National Assembly from among the political parties that participated in the most recently held election for National Assembly members at the expiration of their terms of office, the ratio of the number of votes obtained by the relevant political party in the recently held nationwide elections for proportional representative City/Do council members, constituency City/Do council members, the Mayor/Do Governor or the head of autonomous Gu/Si/Gun, for which the relevant political party is permitted to field candidates, is at least 0.5/100; 3. In the case of a political party that does not participate in the most recently held election for National Assembly members at the expiration of their terms of office, the ratio of the number of votes obtained by the relevant political party in the most recently held nationwide elections for proportional representative City/Do council members, constituency City/Do council members, the Mayor/Do Governor or the head of autonomous Gu/Si/Gun, for which the relevant political party is permitted to field candidates, is at least 2/100. (3) 50/100 of the residual amount with the exception of the amount that is distributed and paid pursuant to the provisions of paragraphs (1) and (2) shall be distributed and paid to political parties that hold their seats in the National Assembly at the time of distributing and paying the subsidies according to the ratio of the number of the seats. The remainder shall be distributed and paid to them according to the ratio of the number of votes obtained in an election for National Assembly members. (4) The election subsidies shall not be distributed and paid to any political party that fails to field any candidate as at the deadline for the registration of candidates to run in the relevant election.

  • Source

    Political Funds Act (2016)

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Proportional to seats received
  • Comment

    Article 82-3 (Policy Debates Supervised by Election Debate Broadcasting Committee) (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: 1. Political party to which five or more National Assembly members belong; 2. Political party that has obtained 3/100 or more votes of total number of nationwide valid ballots in the immediately preceding presidential election, election for proportional representative National Assembly members or election for proportional representative City/Do Council members.

  • Source

    Public Officials Election Act (2016)

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities | Intra-party institution | Research and policy initiatives
  • Comment

    Article 28 (Restrictions, etc. on Use of Subsidies) (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

    Political Funds Act (2016)

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Article 39 (Policy Discussion Meeting)(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. Political Parties Act (2015). 

    Article 82-3 (Policy Debates Supervised by Election Debate Broadcasting Committee) (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. Public Officials Election Act (2016)

     

  • Source

    Political Parties Act (2015) and Public Officials Election Act (2016)

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeOther
  • 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.

    Article 82-3 (Policy Debates Supervised by Election Debate Broadcasting Committee) (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: 1. Political party to which five or more National Assembly members belong; 2. Political party that has obtained 3/100 or more votes of total number of nationwide valid ballots in the immediately preceding presidential election, election for proportional representative National Assembly members or election for proportional representative City/Do Council members.

  • Source

    Public Officials Election Act (2016)

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    Article 82-2 (Interviews or Debates Supervised by Election Debate Broadcasting Committee) (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

    Public Officials Election Act (2016)

35. Are there provisions for any other form of indirect public funding?
  • CodeSpace for campaign materials
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeYes
  • Comment

    Article 26 (Subsidies for Fielding Female Candidates to Run in Elections for Public Office) (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

    Political Funds Act (2016)

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeYes, funds earmarked for gender activities
  • Comment

    Article 28 (Restrictions, etc. on Use of Subsidies) … (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

    Political Funds Act (2016)

     

     

     

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    Article 230 (Corrupt Practices and Inducement by Interest) 1. Any person who offers, manifests an intention to offer, or promises to offer money, goods, transportation, banquet, other property interest, or a public or private position, to any elector ….

  • Source

    Public Officials Election Act (2017)

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    Article 121 (Computation of Restricted Amount of Election Expenses) Each constituency election commission shall publicly notify the restricted amount of election expenses which have been computed for each election under Article 121, under conditions stipulated by Regulations of the National Election Commission.

    Article 119 (Definition of Election Expenses, etc.) (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)

  • Source

    Public Officials Election Act (2017)

40. If there are limits on the amount a political party can spend, what is the limit?
  • Code Depends on what type of election and population of district
  • Comment

    Article 121 (Computation of Restricted Amount of Election Expenses) (1) The restricted amount of election expenses shall be the amount to be computed for each election pursuant to each of the following. In such cases, any fraction falling short of one million won shall be deemed one million won:  <Amended by Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008; Act No. 13497, Aug. 13, 2015> 1. A presidential election: Number of population × 950 won; 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); 3. The election of proportional representative National Assembly members: Number of population × 90 won; 4. The election of City/Do council members of local constituency: 40 million won + (number of population × 100 won); 5. The election of proportional representative City/Do council members: 40 million won + (number of population × 50 won); 6. The election of Mayors/Do Governors: (a) The election of Special Metropolitan City Mayor, Metropolitan City Mayors, and Metropolitan Autonomous City Mayor: 400 million won (200 million won when population number is short by two million) + (number of population × 300 won); (b) The election of Do Governors: 800 million won (300 million won when population number is short by one million) + (number of population × 250 won); 7. The election of autonomous Gu/Si/Gun council members of local constituency: 35 million won + (number of population × 100 won); 8. The election of proportional representative autonomous Gu/Si/Gun council members: 35 million won + (number of population × 50 won); 9. The election of heads of autonomous Gus/Sis/Guns: 90 million won+(number of population × 200 won) + (the number of Eup/Myeon/Dong × 1 million won). (2) When computing the restricted amount of election expenses under paragraph (1), it may be increased or reduced by applying the ratio (hereinafter referred to as "ratio of computing the restricted amount") set by taking account of the fluctuation ratio of national consumer price (referring to the fluctuation ratio of national consumer price publicly announced annually by the Commissioner of the Statistics Korea under Article 3 of the Statistics Act) from the end of the month whereto belongs the election day of the election due to an expiration of terms of office immediately preceding the relevant election to the end of the month prior to immediately preceding one next to the month whereto belongs the notification day under Article 122. In such cases, the ratio of computing the restricted amount shall be decided by the competent constituency election commission for each relevant election.  <Amended by Act No. 7681, Aug. 4, 2005> (3) The standard date of population numbers for computing the restricted amount of election expenses, a decision on ratio of computing the restricted amount, and other necessary matters shall be stipulated by Regulations of the National Election Commission. [This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]

  • Source

    Public Officials Election Act (2017)

41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    Article 121 (Computation of Restricted Amount of Election Expenses) Each constituency election commission shall publicly notify the restricted amount of election expenses which have been computed for each election under Article 121, under conditions stipulated by Regulations of the National Election Commission.

  • Source

    Public Officials Election Act (2017)

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code Depends on the type of election
  • Comment

    Article 121 (Computation of Restricted Amount of Election Expenses) (1) The restricted amount of election expenses shall be the amount to be computed for each election pursuant to each of the following. In such cases, any fraction falling short of one million won shall be deemed one million won:  <Amended by Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008; Act No. 13497, Aug. 13, 2015> 1. A presidential election: Number of population × 950 won; 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); 3. The election of proportional representative National Assembly members: Number of population × 90 won; 4. The election of City/Do council members of local constituency: 40 million won + (number of population × 100 won); 5. The election of proportional representative City/Do council members: 40 million won + (number of population × 50 won); 6. The election of Mayors/Do Governors: (a) The election of Special Metropolitan City Mayor, Metropolitan City Mayors, and Metropolitan Autonomous City Mayor: 400 million won (200 million won when population number is short by two million) + (number of population × 300 won); (b) The election of Do Governors: 800 million won (300 million won when population number is short by one million) + (number of population × 250 won); 7. The election of autonomous Gu/Si/Gun council members of local constituency: 35 million won + (number of population × 100 won); 8. The election of proportional representative autonomous Gu/Si/Gun council members: 35 million won + (number of population × 50 won); 9. The election of heads of autonomous Gus/Sis/Guns: 90 million won+(number of population × 200 won) + (the number of Eup/Myeon/Dong × 1 million won). (2) When computing the restricted amount of election expenses under paragraph (1), it may be increased or reduced by applying the ratio (hereinafter referred to as "ratio of computing the restricted amount") set by taking account of the fluctuation ratio of national consumer price (referring to the fluctuation ratio of national consumer price publicly announced annually by the Commissioner of the Statistics Korea under Article 3 of the Statistics Act) from the end of the month whereto belongs the election day of the election due to an expiration of terms of office immediately preceding the relevant election to the end of the month prior to immediately preceding one next to the month whereto belongs the notification day under Article 122. In such cases, the ratio of computing the restricted amount shall be decided by the competent constituency election commission for each relevant election.  <Amended by Act No. 7681, Aug. 4, 2005> (3) The standard date of population numbers for computing the restricted amount of election expenses, a decision on ratio of computing the restricted amount, and other necessary matters shall be stipulated by Regulations of the National Election Commission. [This Article Newly Inserted by Act No. 7189, Mar. 12, 2004]

  • Source

    Public Officials Election Act (2017)

     

43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeSpending limit for party/candidate includes spending by others on their behalf
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    Only a limit on total spending

  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment

    Only a limit on total spending

  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeYes
  • Comment

    Only a limit on total spending

  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    Article 40 (Accounting Report) 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

    Political Funds Act (2016)

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Article 40 (Accounting Report) 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

    Political Funds Act (2016)

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    Article 40 (Accounting Report) … 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

    Political Funds Act (2016)

50. Do third parties have to report on election campaign finances?
  • CodeThird parties are banned from participating in campaigns
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    Article 42 (Perusal of Accounting Reports, etc. and Delivery of Copies Thereof): (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

    Political Funds Act (2016)

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeNo
  • Comment

    Article 42 (Perusal of Accounting Reports, etc. and Delivery of Copies Thereof): (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

    Political Funds Act (2016)

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    Article 37 (Keeping and Entries of Accounting Books) (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

    Political Funds Act (2016)

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeSometimes
  • Comment

    Article 37 (Keeping and Entries of Accounting Books) (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

    Political Funds Act (2016)

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB
  • Comment

    Article 42 (Perusal of Accounting Reports, etc. and Delivery of Copies Thereof): (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

    Political Funds Act (2016)

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB
  • Comment

    Article 42 (Perusal of Accounting Reports, etc. and Delivery of Copies Thereof): (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

    Political Funds Act (2016)

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others
  • Comment

    Article 43 (Request for Submitting Materials, etc.) (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.

    Article 52 (Investigation, etc. of Offenses Involving Political Funds) (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

    Political Funds Act (2016)

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Forfeiture | Loss of nomination of candidate | Loss of elected office
  • Comment

     Article 45 (Offense of Giving and Receiving Political Funds) (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:.... 

    Article 57 (Restrictions on Holding Public Office for Committing Offenses Involving Political Funds) 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

    Political Funds Act (2016)

Disclaimer: Maps presented do not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of International IDEA. Maps are used in order to add visual clarity to data.