Dilemma of Political Aid

If political party or its member receives `money for lobbying` `legally`, is criminal treatment possible?

Criticism is rising as 20 members of National Assembly and parties had received aids from Tiger Pools International (TPI).

Related members insist that there is no legal obligation as they made receipt following political money law.

However, these members belonged to Ministry of Culture and Tourism, and National Assembly which dealt with issue of choosing sports lottery operator; therefore, there is relation with TPI officially.

Seeing from TPI side, it can be money for lobbying that expects `compensation`.

Therefore, money that they received is legal political money formally; however it can be seen as related to compensation in reality.

Political money law regulates that in case of member of National Assembly; he can establish society for support and receive aid (annually 20 million won per one person. 50 million won in election year.

If the one is not a member of society for support, he can donate political fund within 1 million won at a time.

Like wise political money law strictly regulates methods and procedures for receiving money.

However, there is no specific limitation against `subject` who receives political money.

Regardless of his work, he can receive it from anybody.

Because of this there are in fact many cases that enterprises, etc provide aid like bribe using `legal chance` if society for support of members is established.

The donating of aid by TPI is also similar.

Members who received aid from TPI belonged to standing committee that investigates bill for sports lottery and supervises Sosfo which has right for selecting operator.

TPI donated aid to them concentrating on the time of revision of related law in August 1999, to just before selecting operator in December 2000.

Judiciary world judges that criminal treatment might be difficult as they have legal form.

Fifty million won that GNP received and five million won that Busan branch of MDP received are the same case.

A leader in supreme public prosecutor office pointed out, “receiving political money from the one related in work is antagonistic in nature to the mind of political law, apart from formal legality, therefore, politicians should control themselves voluntarily” and, “it is needed to revise law in a direction such as limiting subject of receiving political money basically”.

sooh@donga.com