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Article 114
 

(Restriction on Contribution by Political Parties and Family, etc. of Candidate)


(1) A political party [including the council of political party members (hereinafter referred to as "council of political party members") under Article 37 (3) of the Political Parties Act and the preparatory committee for formation of a political party; hereafter in this Article, the same shall apply], the head of a political party's election campaign office, a candidate (including the person who intends to be a candidate; hereafter the same shall apply in this Article), or his/her lineal ascendants, descendants, or brothers and sisters, spouse of the candidate's lineal descendants, spouse of a brothers and sisters, election campaign manager, chief of the election campaign liaison office, election campaign worker, accountant in charge, election campaign speechmaker, interviewer, debater, or company or other juristic person or organization (hereinafter referred to as "company, etc.") having a relation with the candidate or his/her family (with respect to the scope of a family, the provision of Article 10 (1) 3 shall apply mutatis mutandis), or its executive or employee shall not make any contributions to the candidate or the political party to which he/she belongs, in connection with the election prior to the election period, and regardless of its relation to the election during the election period. In such cases, making contributions by disclosing the name of the candidate or political
party to which he/she belongs or in the manner as presumable that the candidate or the political party to which he/she belongs makes a contribution, shall be considered as a contribution act for the candidate or political party in connection with the election.


<Amended by Act No. 7189, Mar. 12, 2004; Act No. 9974, Jan. 25, 2010>


(2) For the purpose of paragraph (1), the term "company having relation to the candidate or his/her family" means a company falling under any one
of the following subparagraphs:


<Amended by Act No. 7681, Aug. 4, 2005>


1. A company or other juristic person or organization of which the candidate is an executive, employee or member, or he/she participates in the establishment and operation through a contribution of funds, or he/she may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes or an agreement;


2. A company or other juristic person or organization of which the candidate's family member is an executive or member, or participates in the establishment and operation through a contribution of funds, or he/she may exert a substantial influence on the decision making as prescribed by related Acts and subordinate statutes or an agreement; 


3. A supporters' association established for a candidate or political party to which he/she belongs, as prescribed by the Political Funds Act.