A Study on the Prohibition of Political Contributions by Corporations or Organizations

The Political Funds Act stipulates provisions that prohibit political contributions from corporations or organizations, as well as contributions made using funds associated with such entities. These regulations are understood as measures intended to prevent the systemic evils arising from the collusion between politics and business, and to ensure that the democratic will-formation process or the intent of its individual members is not distorted by the disproportionate political influence of corporations or organizations. While the Constitutional Court of Korea has maintained in its rulings that the specific measure in question does not infringe upon the freedom of political expression, a meticulous review is required regarding judicial decisions that justify unilateral and comprehensive state control, especially considering the “preferred position” of free speech under the Constitution. In this regard, it is instructive to analyze and compare the legal doctrines established by the U.S. Supreme Court in similar contexts. A primary justification for banning corporate or organizational political contributions lies in the profound concern over the distortion of public will. Therefore, the critical issue is how to devise effective countermeasures against such distortion. Relying on government power to rectify these imbalances risks inviting arbitrariness and the abuse of authority, which may prove to be an imprudent choice under the ideals of liberty. Rather, it is more desirable to secure a space for evolution and progress by guaranteeing a sphere of autonomous deliberation and judgment rooted in individual freedom. To advance such institutional reform, it is essential that the principle of publicity—achieved through the transparent disclosure of relevant information—be recognized as the primary guiding principle.