An election is a formal decision-making process in democratic society. Election could the best feasible mean to express the sovereignty of people. In this context, electoral system has an important meaning such as a series of rule of process for composing representative organ under the representative democracy system. Thus electoral system must be designed to ensure various democratic value. And yet, generally the ‘fairness’ is treated as most important value concern with election. This is a predominant paradigm in the fields of election. In the electoral areas the predominant paradigm is "Money might be tainted but integral part of electoral process." For this reason, Korean electoral system takes strict regulation on campaign finance. The campaign finance from not only candidates but also general citizens has been regulated strongly. The problem is that the regulations without delicate deliberation to campaign finance can make chilling effect on political expression. Thus this study aims to find a proper regulation system through comparing regulation systems between countries. Derailed contents of this study are as below. At first, I introduced this study’s main purpose and study objectives. In chapter II, the concept ‘campaign money regulation’ is described and deduce the basic reason to justify the ‘campaign money regulation’ through reviewing courts’ rulings. In chapter III, I sorted through ‘campaign money regulation system’ for system research. In chapter IV looked for implications from the foreign cases on campaign finance regulation through reviewing their own methods of controlling the campaign money. Lastly, chapter V provides a conclusion for a better regulation for a more democratic society. It is conclusion of this study that we should try to make proper regulation. Because strong regulations not only reduce corruption but also reduce political freedom and eliminate political opinion and political participation.
목차
I. Introduction II. Concept and Theories 1. Interrelation of 'Political Fund' and 'Campaign Money' 2. What is Campaign money? 3. Review of the Court’s Decisions III. Campaign Money Regulation 1. Campaign money Regulations Types 2. Ban on the contribution of corporation and organization 3. Compulsory disclosure of revenue and expenditure IV. Campaign Finance Regulation of Various Countries 1. U. S. A 2. Germany IV. Constitutional Implication of Campaign Finance Regulation 1. Interrelation between Political expression and Campaign Money 2. Strong regulation can’t make book on success regulation V. Conclusion [ABSTRACT]
키워드
Political FundCampaign MoneyCampaign Money RegulationPolitical ExpressionFreedom of SpeechFree ExpressionElection CampaignElectioneeringContribution LimitsCompulsoryDisclosure
저자
Youn, Jin-Hee [ Researcher in National Election Commission ]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.