Violation of the Political Funds Act

The types of political funds are as follows.

Under the Political Funds Act, a person who contributes political funds exceeding 1.2 million won at one time, and a person who spends political funds exceeding the amounts set out in the following subparagraphs, must make the contribution or expenditure by a method that verifies the real name, such as a check, a credit card, or a deposit into a bank account.(Main text of Article 2, Paragraph 4 of the Political Funds Act)

Political funds may be donated or received only by the methods prescribed by the Political Funds Act, such as party membership fees, support payments, deposits, incidental income provided under a party's constitution and rules, and subsidies.

Relatives under Article 777 of the Civil Act may donate or receive political funds without going through the above methods.

Article 777 of the Civil Act

An organization may not contribute or accept political funds.

Contributing political funds by using funds related to an organization is also prohibited.

This is intended to fundamentally prevent collusion between business and politics, in which a particular organization, such as a company, expects benefits and privileges through political funds and colludes with political forces.

This serves to prevent the distortion of democratic decision-making caused by the excessive influence of an organization, as well as the distortion of the intent of the organization's members.

When political funds are received, even if this is done within the procedures and limits set by the Political Funds Act, it is strictly prohibited because it undermines the fairness and neutrality of public duties and creates a risk of corruption arising from collusion between politics and business.

① Understand the Political Funds Act

You should accurately understand the main provisions and prohibited acts of the Political Funds Act.

In particular, you should thoroughly familiarize yourself with the rules on contribution limits, methods of contribution, and eligible recipients of political funds so as to prevent any potential legal violations in advance.

② Manage funds transparently

You should record the income and expenditure of political funds transparently and systematically keep the relevant supporting documents.

This can help secure the legality and legitimacy of the political funds.

③ Consultation and advice from legal professionals

Before engaging in various activities related to political funds, it is important to consult a legal professional.

Through this, you should check for potential violations in advance and prepare to handle funds in accordance with lawful procedures.

④ Prompt action upon becoming aware of a violation

If a violation of the Political Funds Act is suspected or confirmed, you should consult a legal professional without delay to accurately assess the situation and prepare an appropriate response.

① Review of the Charged Facts and Verification of the Facts

First, the charged facts presented by the prosecution, namely the date, place, and method of the alleged offense, should be analyzed carefully.

One should closely examine whether the alleged conduct corresponds to the actual facts, and check not only the prosecution's evidence but also whether any evidence favorable to oneself exists, and where necessary, take steps to secure additional evidence.

② Establishing a Defense Strategy

Various defense strategies may be employed, such as fully denying the charged facts or admitting only part of them.

For example, one may argue that the act of donation does not constitute conduct prohibited under the Political Funds Act, or that there was no intent.

Actively making use of the various sentencing factors available under the statutory penalty to seek leniency is also important.

③ Avoiding Any Attempt to Destroy or Conceal Evidence

During the investigation or trial, any attempt to destroy or conceal evidence may instead result in a heavier sentence and must therefore be avoided.

This firm includes a number of criminal defense attorneys who have handled many cases involving violation of the Political Funds Act, and it provides comprehensive legal services ranging from analysis of the charged facts to preparation of the defense counsel's written opinion and the development of a response strategy.

Because cases involving violation of the Political Funds Act require both a complex set of facts and the interpretation of legal principles at the same time, such as the flow of funds, the contributing party and method, and the connection with political activity, the firm closely analyzes the key issues of the matter and prepares a defense strategy suited to the facts.

In addition, where necessary, the firm cooperates with its own evidence investigation center to secure and review digital evidence, including account tracing and analysis of communication records.

If you are facing an investigation or trial on charges of violating the Political Funds Act, you may request assistance from a criminal law specialist attorney at Daeryun LLC at any time.