정당국고보조금제도의 헌법적 검토

• 영문명: The State Subsidy to Political Party in Constitutional Perspective
• 발행기관: 한국헌법학회
• 저자명: 음선필(Eum Sun-pil)
• 간행물 정보: 『헌법학연구』憲法學硏究 第14卷 第2號, 127~162쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

  In Korea, in the 1980 Constitution, a new system was introduced so as to provide national subsidies that would increase the resources available to political parties. It was advocated to protect and to promote political parties, which are regarded as indispensible actors in the modern democracy. Under the subsidy provision of the Constitution, many political parties have been supplied a great amount of political funds. It is, however, questionable if such political funds have made political parties play their roles and do their duties imposed in the Constitution.
  It is, therefore, necessary to inquire into the rationale of state subsidy to a political party that is in itself a private association, the definition of state subsidy, the standard of its distribution, and the audit of state subsidy etc. This scrutiny leads to an examination of the constitutionality of the current subsidy system.
  Evaluating the provisions and the practices of the Acts concerning to subsidies, we can find some factors making dysfunctions of the subsidy system ― such as misconceptions of the constitutional rationale, incorrect understanding of the definition, and the clumsy combination of the system.
  The state subsidy to political parties is not a blind financial aid, but a supporting fund helping political parties fulfill constitutional obligations. The rationale of granting money to political parties can be derived not on ly from the Art. 8 Sec. 2 of the Constitution, but also from Sec. 3 which is the provision of the role and the duty of a political party.
  From a standpoint of the participation through political finances, it is more desirable to set the budget on the basis of the number of voters and to distribute subsidies to political parties according to their number of votes.

목차

Ⅰ. 오랜 질문에 대한 여전한 고민: 정당국고보조금의 합리성
Ⅱ. 정당국고보조금제의 헌법적 기초
Ⅲ. 현행 국고보조금제도에 대한 평가
Ⅳ. 오랜 질문에 대한 새로운 제언
참고문헌
〈Abstract〉

키워드

정당국고보조금 정당 정치자금 정당자금 보조금 state subsidy to political party political party political finances political party fund state subsidy