독일의 정당국고보조제도와 연방헌법재판소 결정에 대한 헌법적 검토

The content of the applicable party ruling is to be regarded as a legislative introduction of the decisions of the BVerfG. The reason for the change of the party financing system regarding the state partial financing of the party is the function and organization-related property of the parties with respect to Art. 20 para. 2 and Art. 21 GG. In this respect, the determination of the relative and absolute upper limit, taking into account the election results and self-generated income of the party as well as the price index, agrees with these functional and organizational characteristics. However, in comparison to the important role of the party in the area of political activity - especially the political and will-forming process - and social closeness or the close social connection of the godfathers in Germany, the introduction of the German partial financing system by parties to the South Korean party financing system requires a that the short party history and the personal political activity culture in South Korea are sufficiently taken into account. Above all, the introduction of the relative upper limit on the South Korean party funding system may be detrimental, since the financing structure of the South Korean parties relies mainly on government subsidies. With regard to the eligibility requirements for state partial financing in Germany, section 27 of the German Law on Political Finance may not be in accordance with Article 11 (1) of the South Korean Constitutional Law - equality principle. Finally, the introduction of the party financial settlement procedure needs very much attention.