Political Finance Database

Korea, Republic of

Korea, Republic of

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
Yes
2. Is there a ban on donations from foreign interests to candidates?
Code
Yes
Comment

The Political Fund Act defines foreign nationals, corporations and organizations both foreign and domestic as those who are ineligible to make political donations.

3. Is there a ban on corporate donations to political parties?
Code
Yes
Comment

All donations from corporations are banned.

4. Is there a ban on corporate donations to candidates?
Code
Yes
Comment

All corporate donations are banned.

5. Is there a ban on donations from Trade Unions to political parties?
Code
Yes
6. Is there a ban on donations from Trade Unions to candidates?
Code
Yes
7. Is there a ban on anonymous donations to political parties?
Code
Yes
Comment
No one may deposit money for a political party (via the Election Commission) anonymously.
8. Is there a ban on anonymous donations to candidates?
Code
Yes, above certain threshold
Comment
Anonymous donations below 100,000 won [I$ 120] at a time, or 1,2 million won [I$ 1,500] annually, are allowed.
9. Is there a ban on donations from corporations with government contracts to political parties?
Code
Yes
Source

Art 32, 'No one shall contribute or receive any political funds in connection with any act falling under any of the following subparagraphs: ... 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with a corporation falling under any of the following items: (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 Fund Act, No.10395, Jul. 23 2010)

'Those Who Are Ineligible to Make Political Contributions etc. (Article 31)The Political Fund Act defines foreign nationals, corporations and organizations both foreign and domestic as those who are ineligible to make political donations (Clause 1).Also, no one is permitted to make political contributions with the fund related to corporations and organizations both foreign and domestic (Clause 2), and the corporations and organizations are also not allowed to use their employees, constituents or family members to make the donations expediently.'(Quoted from NEC:s webpage -> Political Funds -> Details of of Political Fund Act ->Restriction on and Securities for Political Contributions, accessed on 2011-07-07) (Source: Republic of Korea, National Election Commission)

 
10. Is there a ban on donations from corporations with government contracts to candidates?
Code
Yes
Source

'Those Who Are Ineligible to Make Political Contributions etc. (Article 31)The Political Fund Act defines foreign nationals, corporations and organizations both foreign and domestic as those who are ineligible to make political donations (Clause 1).Also, no one is permitted to make political contributions with the fund related to corporations and organizations both foreign and domestic (Clause 2), and the corporations and organizations are also not allowed to use their employees, constituents or family members to make the donations expediently.'(Quoted from NEC:s webpage -> Political Funds -> Details of of Political Fund Act ->Restriction on and Securities for Political Contributions, accessed on 2011-07-07) (Source: Republic of Korea, National Election Commission)

Art 32, 'No one shall contribute or receive any political funds in connection with any act falling under any of the following subparagraphs: ... 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with a corporation falling under any of the following items: (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 Fund Act, No.10395, Jul. 23 2010)

 
11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
Yes
Source

Art 32, 'No one shall contribute or receive any political funds in connection with any act falling under any of the following subparagraphs: ... 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with a corporation falling under any of the following items: (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 Fund Act, No.10395, Jul. 23 2010)

'Those Who Are Ineligible to Make Political Contributions etc. (Article 31)The Political Fund Act defines foreign nationals, corporations and organizations both foreign and domestic as those who are ineligible to make political donations (Clause 1).Also, no one is permitted to make political contributions with the fund related to corporations and organizations both foreign and domestic (Clause 2), and the corporations and organizations are also not allowed to use their employees, constituents or family members to make the donations expediently.'(Quoted from NEC:s webpage -> Political Funds -> Details of of Political Fund Act ->Restriction on and Securities for Political Contributions, accessed on 2011-07-07) (Source: Republic of Korea, National Election Commission)

 
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
Yes
Source

'Those Who Are Ineligible to Make Political Contributions etc. (Article 31)The Political Fund Act defines foreign nationals, corporations and organizations both foreign and domestic as those who are ineligible to make political donations (Clause 1).Also, no one is permitted to make political contributions with the fund related to corporations and organizations both foreign and domestic (Clause 2), and the corporations and organizations are also not allowed to use their employees, constituents or family members to make the donations expediently.'(Quoted from NEC:s webpage -> Political Funds -> Details of of Political Fund Act ->Restriction on and Securities for Political Contributions, accessed on 2011-07-07) (Source: Republic of Korea, National Election Commission)

Art 32, 'No one shall contribute or receive any political funds in connection with any act falling under any of the following subparagraphs: ... 4. Acquiring any right, interest or position on or in property, or arranging the acquisition thereof through any contract or any disposition with a corporation falling under any of the following items: (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 Fund Act, No.10395, Jul. 23 2010)

 
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
Yes
Comment
  1. Public officials must not campaign while on duty, and public institutions cannot engage in campaigning.
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 natural persons
Source

p. 159 'The amount each individual can contribute each year is between USD 100 000 and less than 5% of his/her income of the previous year, whichever is larger. ' (Source: Financing Democracy: Funding of Political Parties and Election Campaigns and the Risk of Policy Capture. OECD. 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
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
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
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
Yes, for both natural and legal persons
Comment

An indivudual may not contribute more than a total of 20 million Won [I$ 24,000] a year to a Political Fundraising Association. Furthermore, the following limits apply:

 
  • Under 10 million Won [I$ 12,000] may be donate to:?Candidates (and reserve candidates) for Presidental elections and candidates for the intra-party competitive election for Presidential Elections:?
  • Under 5 million [I$ 6,100] Won may be donate to:?National Assembly Members, Candidates and reserve candidates for the National Assembly election for a local constituency, Candidates for the Party Leadership elections, Candidates for the election of Governors and Mayors of the Special City and Metropolitan Cities:?
Source

Art 11, ?(1) The amount of the support payment that is permitted to be contributed by each supporter to his/her supporters' association shall not exceed 20 million won per year. (2) A limit amount that a supporter may contribute to one supporters' association a year shall be as any of the following subparagraphs: 1. 10 million won for each supporters' association for a presidential candidate, etc. or a candidate for an intra-party competition in a presidential election; 2. 5 million won for each supporters' association, other than a supporters' association referred to in subparagraph 1.? (Source: Political Fund Act, No.10395, Jul. 23 2010)

'The money and valuables that a supporter is permitted to contribute to Political Fundraising Associations shall not exceed 20 million won a year whether an election year or non-election year.''Candidates and reserve candidates for the Presidential electionCandidates for the intra?party competitive election for Presidential Elections - Limits on Payment/Donation per year - Under 10 million WonNational Assembly Members, Candidates and reserve candidates for the National Assembly election for a local constituency, Candidates for the Party Leadership elections, Candidates for the election of Governors and Mayors of the Special City and Metropolitan Cities - Limits on Payment/Donation per year - Under 5 million Won each'(Quoted from NEC:s webpage -> Political Funds -> Details of of Political Fund Act ->Political Fundraising Association, accessed on 2011-07-07) (Source: Republic of Korea, National Election Commission)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Limit is 20 million Won [I$ 24,000] a year to Political Fundraising Associations for candidates and the National Assembly members.
Comment
An indivudual may not contribute more than a total of 20 million Won [I$ 24,000] a year to a Political Fundraising Association. Furthermore, the following limits apply:

  • Under 10 million Won [I$ 12,000] may be donate to:?Candidates (and reserve candidates) for Presidental elections and candidates for the intra-party competitive election for Presidential Elections:?
  • Under 5 million Won [I$ 6,100] may be donate to:?National Assembly Members, Candidates and reserve candidates for the National Assembly election for a local constituency, Candidates for the Party Leadership elections, Candidates for the election of Governors and Mayors of the Special City and Metropolitan Cities:?
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?
Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, both regularly and in relation to campaigns
29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Share of votes in previous election
  • Share of seats in previous election
Comment
Extra subsidies are also given to parties with handicapped and women candidates.
30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received Share of expenses reimbursed
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
  • Campaign spending
  • Ongoing party activities Intra-party institution
Comment
At least 30% to policy research center, 10% to Si/Do parties (local bodies) and 10% for 'the political development of women', in case of public subsidy for party's routine operation.
32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Comment

 

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
  • Share of seats
  • Votes Received
Comment
Parties with Parliamentary representation receive subsidised access. Parties receive a specific reimbursement for media expenses, half the cost if they reach 10% of the vote and all if they reach 15%.
34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Comment
Advertising is paid for, but there are specific reimbursement for media costs.
35. Are there provisions for any other form of indirect public funding?
Code
Yes
Comment
Tax exemptions for political contributions. Certain campaign expenses are borne by the state or local governments for candidates. Political parties may, for meetings, use citizens' halls, gymnasiums, or cultural centers owned or managed by the state or local governments.
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Yes
Comment
Female candidate nomination subsidies are distributed to political parties based on the ratios of the National Assembly seats held and the votes polled
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
  • Yes, funds earmarked for gender activities
  • Other
Comment

10% of public funding to political parties must be used for 'the political development of women'.

Question Value
38. Is there a ban on vote buying?
Code
Yes
39. Are there limits on the amount a political party can spend?
Code
Yes
Comment
Political party campaign expenses for presidential and Legislative elections are subject to limits in the Public Official Act.
40. If there are limits on the amount a political party can spend, what is the limit?
Code
Multiple of population size in electoral area; multiple varies per type of election
41. Are there limits on the amount a candidate can spend?
Code
Yes
42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Limit is a multiple of the population size in each electoral area; multiple varies per type of election
43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Comment
Annually
48. Do political parties have to report on their election campaign finances?
Code
Yes
49. Do candidates have to report on their election campaign finances?
Code
Yes
50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Sometimes
Comment
The personal matters and amounts of a donor who donates less than 3 million won [I$ 3,600] per year (5 million won [I$ 6,100] in the case of Political Fundraising Association of candidates and reserve candidates for the Presidential election) is not made public.
53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
EMB
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Forfeiture
  • Loss of public funding
  • Loss of elected office
  • Other
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