선거보전금 반환 관련 법안에 대한 입법평론

This study examines the relation between the public campaign financing system and the return of the election expenses by persons whose election is invalidated in Korea. The Constitution of the Republic of Korea §116 regulates the public financed election management system. According to the the Constitution of the Republic of Korea §116 ②, except as otherwise prescribed by Act, expenditures for elections shall not be imposed on political parties or candidates. For this public financed election management system the state or local government provides financial support to candidates or political parties for campaign expenses. And the Public Official Election Act §265-2 regulate the return of expenses by persons whose election is invalidated. According to the Public Official Election Act §265-2, a person whose election is invalidated (including any person who resigns prior to the final and conclusive judgment after having been indicted) under Articles 263 through 265 and a person who is not elected, for whom a punishment equivalent to the invalidation of election is finalized due to crimes falling under Articles 263 through 265, which are committed by himself or herself or the election campaign manager, etc. shall return the amount returned or preserved under the provisions of Articles 57 and 122-2. But some candidates of the public election have not returned the election expenses and violate the Public Official Election Act §265-2. Thus I suggest the revised a bill of the Public Official Election Act. No member of the National Assembly or a local council or no head of a local government, who has not returned his or her election expenses by persons whose election is invalidated, so as to run in other elections of public officials(including elections of educational officials or superintendents of education), shall become a candidate for an any other public election.