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Article 112
 

(Definitions, etc. of Acts of Contribution)


(1) For the purpose of this Act, the term "contribution act" means an act of offering money, valuables and other benefits to property, an act of
expressing an intention to provide such benefits, or an act of making a promise of such a provision to the persons in a relevant constituency, or an institution, organization, facilities, and to the meetings or events of the electorate, or to the persons having connections with the electorate even if they are outside the relevant constituency, or an institution, organization and facilities.


<Amended by Act No. 7189, Mar. 12, 2004>


(2) Notwithstanding the provisions of paragraph (1), acts falling under any one of the following subparagraphs, shall not be regarded as contribution acts:


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005; Act No. 8879, Feb. 29, 2008; Act No. 9974, Jan. 25, 2010; Act No. 12111, Aug.
13, 2013>


1. Acts relating to ordinary activities of political parties:


(a) Acts by a political party to support the operational expenses of relevant political party or paying remunerations to the salaried clerks in the political party of each level;


(b) Acts by the members of political parties to pay the party members fees and other expenses pursuant to the party constitution or regulations and other internal regulations; 


(c) Acts by a political party to subsidize the election expenses of the National Assembly members belonging thereto, or candidates and preliminary candidates to run in elections for public officials under this Act;


(d) Furnishing the reading material and other printed material for a political party's publicity, cheap badges of a political party, or symbol mascots at the expense of a political party or provide drinks (excluding alcoholic beverages), such as tea or coffee within the ordinary limits, to the participating party members at a rally for the formation of political party, etc. under Article 140 (1), a rally of party members or their training sessions under Article 141 (2)
and other rallies exclusive to party members belonging thereto;


(e) Furnishing foods of a kind of snack, such as the snacks, rice cakes (TTeook), scrolled rice with dried sea weed (Gimbap), drinks (excluding alcoholic drinks), etc. within the ordinary limits to the persons visiting the election campaign office, election campaign liaison office or political party's office;


(f) Furnishing foods of a kind of meals within the ordinary limits to the party executives taking part in the meeting of party executives wherein the representatives of central parties participate (referring to the meeting wherein the executives of local responsible person's level above the unit of Gu/Si/Gun and the high-ranking executives equivalent to ten times the number of City/Dos) and the meeting of party executives wherein the representatives of City/Do parties participate (referring to the meeting wherein the executives of local responsible person's level above the unit of Eup/Myeon/Dong and the high ranking executives equivalent to the number of competent Gu/Si/Gun);


(g) Acts by a political party to provide room and board, transportation or travelling expenses at the expense of a political party to salaried clerks attending education and training programs for salaried clerks belonging thereto; 


(h) Acts by the representative of a political party to provide foods of a kind of refreshments within the ordinary limits at the expense of a
political party to persons attending a New Year's party or year-end party held exclusively for party members belonging thereto;


(i) Acts by a political party to volunteer for citizens in its own name, such as disaster relief, helping disabled persons and helping farm works, or to provide means of transportation (excluding travelling expenses) and the foods of a kind of meals within the ordinary limits at the expense of a political party to party members attending volunteering acts;


(j) Providing foods of a kind of meals at the expense of a political party to the representatives of functional or social organizations, presenters or debaters, etc. attending a social gathering or discussion held by the representative of a political party for the development of policies of a political party;


(k) Awarding the certificate of commendation and ordinary additional prizes at the expense of a political party to exemplary or excellent
party members at various events of a political party held by the representative of a political party;


(l) Courtesy acts under the proviso to Article 57-5 (1);


(m) Providing the food of a kind of meals at the expense of a political party to the representative, a person in charge of the political party of each level, or salaried party executives attending a meeting on party affairs held by the representative of a political party;


(n) Inviting the limited range of persons, such as the heads of institutions or organizations in the relevant regions, executives of social organizations and journalists, etc., hold a social gathering and provide the food of a kind of meals to such persons, at the expense of a political party, when the representative of a central party visits City/Do party, so as to understand party affairs and collect the opinions of local people;


(o) Providing transportations means, at the expense of a political party, to its members who attend a nationwide meeting of its supreme representative organ, which is held by its central party pursuant to its constitution;


2. Ceremonial acts:


(a) Offering the money or goods for congratulations or condolences at a ceremony of coming-of-age, marriage, funeral and ancestral worship of relatives under Article 777 of the Civil Act or other congratulations or condolences;


(b) Acts by the representative of a political party to provide congratulatory gifts or condolence money and goods (including a wreath or flowerpot) within the ordinary limits, when the relevant salaried clerks (including the representative and full-time executives of City/Do political party, in cases of the representative of a central party), working for a central party or City/Do political party, spouses thereof or lineal ascendants or descendants thereof are
married or die, or provide courtesy gifts to the relevant salaried clerks (including the representative of City/Do political party, in cases of the representative of a central party) in its own name, at the expense of a political party at the year-end, new year, harvest festival, anniversary for the formation of political party or his/her birthday;


(c) Providing courtesy wreath, flowerpot or ceremonial gifts at a memorial service for persons rendering distinguished services to the State, ceremony of a national holiday, ceremony of anniversaries held by the Government under Article 2 of the Regulations on Various Anniversaries, ceremony of opening or relocating public institutions or facilities, joint wedding ceremony, joint ceremony of burning incense, building dedication ceremony of affiliated
institutions or organizations, rally for the formation of political party, rally for merging parties, rally for selecting candidates and other events equivalent thereto;


(d) Acts by a foundation or a fund established for serving the public interests to provide money and gifts, which have been given on a regular basis for the purpose of establishment thereof from four years before the election day: Provided, That acts to expand or alter the amounts of money and gifts and the subjects or methods of payment, to pay money and gifts by a candidate (including a person who intends to be a candidate; hereinafter the same shall
apply in this Article), or pay money and gifts by methods which make it enable to estimate the names of candidates or political parties, from 120 days before the election day (from the time of confirming reasons for holding the relevant election, in cases of special elections for which reasons for holding elections are confirmed after 120 days before the election day) to the election day, are excluded;


(e) Acts by the constituents of various social or friendship groups and social organizations, such as friendship club, native folks society, relatives' society, alumni association, etc. to pay membership fees within the previous limits pursuant to the Articles of association, regulations or duties under the operational practices; 


(f) Acts by the believers to donate money (including an offer of goods) to the chapel, Catholic church, temple, etc. of their usual call pursuant to ordinary practices; 


(g) Offering foods of a kind of meal within the ordinary scope to the companions, when the companions going with the candidate for election campaign or the members of the National Assembly, candidates, preliminary candidates visit the areas within the competent districts. In such cases, the scope of companions shall be stipulated by Regulations of the National Election Commission; 


(h) Acts by the representatives of institutions, organizations or facilities to offer money or goods for congratulations or condolences (including wreath or flowerpot) within the ordinary scope when the full-time employee under their command (excluding employees of affiliated administrative agencies and subordinate administrative agencies under Sections 3 and 4 of CHAPTER Ⅵ of the Local Autonomy Act and of institutions, organizations and facilities
equivalent thereto, regardless of the names thereof; hereafter the same shall apply in this subparagraph), the representatives of affiliated or subordinate institutions, organizations or facilities, their spouses or their lineal ascendants or descendants are married or die, or provide courtesy gifts in the names of the relevant institutions, organizations or facilities to full-time employees under their command or the representatives of affiliated or subordinate
institutions, organizations or facilities at the year-end, new year, harvest festival, anniversary for the formation of a political party or his/her birthday, in accordance with their own business plans and budgets;


(i) Granting awards (excluding any supplementary award; hereafter the same shall apply in this subparagraph) within the ordinary limits or award a certificate of commendation only one time per year within the ordinary limits at the regular general meeting of organizations or groups (excluding private meetings, such as meeting of hometown friends, clan gathering, alumni meeting, meeting of club members or meeting for Korean traditional private fund) above the unit of Gu/Si/Gun in cultural, artistic and sports events regularly held in the Eup/Myeon/Dong or superior administrative district, the
graduation ceremonies of schools of various levels and events held in the public interest within the scope of ceremony: Provided, That acts to grant awards by any candidate (including anyone who intends to be a candidate) from the date on which the application for the registration of preliminary candidates commences under Article 60-2 (1) to the election day shall be excluded;


(j) Providing drinks(excluding alcoholic beverages), such as tea and coffee, within the ordinary limits, to persons attending a briefing on parliamentary politics, discussion on policies, gathering to commemorate publication and other events;


(k) Providing foods of a kind of snacks (excluding alcoholic beverages) within the ordinary limits in the relevant offices to party executives and members or persons engaged in election affairs, who are attending the ceremony of opening an election office, an election liaison office or a political party election office, the ceremony of putting up a sign or the signboard hanging ceremony;


(l) Giving official commendations (in cases of local governments, awarding additional prizes to persons who are not belonging to such local governments are excluded) to persons of merit or provide foods of a kind of meal or cheap souvenirs within the ordinary limits, at the expense of companies, to executives belonging thereto, their families, persons engaged in trade or limited range of guests, etc, who are attending a regular anniversary
ceremony, athletics competition for employees or a ceremony of completing company buildings, which are held by companies, etc. related with a candidate under Article 114 (2) or his/her family members;


(m) Providing foods or return presents within the ordinary limits to congratulators or guests for condolences, etc., who are attending the ceremony of coming-of-age, marriage, funeral or ancestor worship of any person who is unable to make a contribution under Articles 113 and 114;


3. Remedial or charitable acts:


(a) Offering the subscription of money or goods to the accommodating asylums from among the social protection facilities established under the Acts and subordinate statutes;


(b) Offering the money and goods to the relief institutions (including the National Association for Disaster Relief) under the provisions of the Disaster Relief Act and the Korean National Red Cross under the Organization of the Korean National Red Cross Act for the relief of disasters due to natural disasters;


(c) Offering the subscription of money or goods or relief money or goods to disabled persons' welfare facilities (excluding fee-charging welfare facilities) under Article 58 of the Welfare of Disabled Persons Act;


(d) Offering charitable or relief money and goods to the severely-disabled persons who are the qualified recipients under the National Basic Living Security Act; 


(e) Offering charitable or relief money and goods to the juristic persons or organizations established by obtaining permission from the State, local governments, press, social organizations or religious organizations which supervise and implement charitable businesses and other State agencies or local governments: Provided, That in cases where they are subject to the wide-scope electorate, offering them by indicating an official title, name or the name of a political party belonging thereto in individual items provided or packaging thereof shall be excluded;


(f) Providing charitable or relief money and goods, which have been provided on a regular basis by establishing relations with children of families without parents as a sponsor through the State or local governments, which supervise and implement charity and relief projects, and other public institutions or corporations; 


(g) Providing money and goods to events, such as the association of supporters for children of families without parents, disabled persons, persons rendering distinguished services to the State, senior citizens without dependents, starving people, refugees or qualified recipients under the National Basic Living Security Act, which are held by national organizations, local governments or relief or charitable organizations: Provided, That offering them by indicating an official title, name or the name of a political party belonging thereto in individual items provided or packaging thereof shall be excluded;


(h) Operating free schools (including evening classes) for working adolescents or teach students in such schools;


4. Functional acts:


(a) Acts by the State or local governments to offer money and goods (in cases where any local government grants official commendations and awards, the granting of any supplementary award shall be excluded; hereafter in item (b) the same shall apply) pursuant to the Acts and subordinate statutes which are implemented under their own project plans and with their budgets;


(b) Acts by the local governments to offer money and goods under their own project plans and with their budgets, under Municipal Ordinance of the relevant local governments which stipulates definitely the objects, methods, scopes, etc.;


(c) Acts of relief or charity which are implemented by the State agencies or local governments executing relief or charity projects under their own project plans and with their budgets after revealing their titles;


(d) Acts by the heads of the State, local governments or public institutions (referring to institutions designated under Article 4 of the Act on the Management of Public Institutions or other institutions determined by Regulations of the National Election Commission) to offer the foods of a kind of meal (referring to the snacks in the cases of the heads of local governments) not later than 60 days prior to the election day within the ordinary limits
and in accordance with their own project plans and budgets, to the public officials under their command, officers and employees, heads of the related agencies or organizations, representatives of the residents within customary scopes, who have taken part in the meeting to receive a report on affairs or to hear the residents' public opinions, etc. while they visit the subordinate agencies for the first round of visits or the New Year's visit;


(e) Acts by the national organizations and local governments to provide money and goods or other profits in property in the names of the relevant national institutions or local governments, in accordance with their own business plans and budgets, so as to deal with the urgent pending issues;


(f) Acts by national institutions to give a prize to exemplary sons, devoted daughters-in-law, exemplary citizens or mens of merit, etc. during a period other than the election period, or acts by national institutions or local governments to provide comfort items to street cleaners, shoeblacks, salespersons of newspapers in streets or postmen, etc. within their jurisdictions; 


(g) Acts by National Assembly members or local council members to provide an advice on civil petitions for free in their offices, where they perform their duties or tasks, or by a political party to provide such advice in the relevant party headquarters;


(h) Acts by professionals equipped with specific qualifications determined by Acts, such as attorneys-at-law or doctors, to provide an advice for free on their own areas, such as laws or medical services, through their Internet homepage opened to promote their tasks;


(i) Acts by a company related to a candidate under Article 114 (2) or his/her family members to distribute materials for PR activities (excluding materials in which the name, title or photograph of a candidate is indicated), such as calendars, pocket notebooks, desk diary or note pads, etc. for its business activities in its own name to employees, a limited range of business partners or related institutions, organizations or facilities necessary for business
activities or give free classes within the scope of business activities of the relevant company, in addition to business activities;


(j) Performing the obligations, such as furnishing the prices for purchase of goods, construction works, provision of services, etc. or paying the shares in expenses, etc.; 


5. Supporting, donating or providing money and goods under Acts and subordinate statues, other than acts falling under subparagraphs 1
through 4; 


6. Other acts corresponding to any one of the above subparagraphs, which are stipulated by Regulations of the National Election Commission.


(3) The term "food of a kind of meals or drinks provided within the ordinary limits" in paragraph (2) means those offered for consumption at the site
to the extent of satisfying every day courtesy not exceeding the amount of money as prescribed by Regulations of the National Election Commission, excluding what are provided as souvenirs or gifts.


<Newly Inserted by Act No. 5412, Nov. 14, 1997; Act No. 9974, Jan. 25, 2010>


(4) Functional acts of local governments, from among functional acts falling under items of paragraph (2) 4, shall be conducted in the names of the
relevant local governments, except for cases where official commendations are given or prizes are awarded under Acts and subordinate statues or
Municipal Ordinance, and any act committed by methods of disclosing the titles or names of the heads of the relevant local governments or methods
enabling people to estimate that the heads are engaged in such acts, shall be deemed acts of contribution. In such case, cases falling under any of
the following subparagraphs shall be deemed to fall under "methods enabling people to estimate that the heads are engaged in such acts":


<Newly Inserted by Act No. 9974, Jan. 25, 2010>


1. When the previous subjects, methods, scopes and periods are expanded without the enactment or revision of Acts and subordinate statues or
Municipal Ordinance; 


2. When acts to advertise the heads of the relevant local governments, such as PR activities to promote their achievements, are added.


(5) The election commission of each level (excluding the Eup/Myeon/Dong election commission) shall promulgate the subject, contents and period of
the restriction on any contribution act and other necessary matters, by means of advertisement, etc.


<Amended by Act No. 5412, Nov. 14, 1997; Act No. 7189, Mar. 12, 2004; Act No. 7681, Aug. 4, 2005>