공법상 단체에 대한 정치활동제한 ― 타당한 규제입법의 방향 ― (Political Activity Restrictions on Public Law Organizations: Legislative Schemes for Better Regulation)

서지정보

· 발행기관 : 행정법이론실무학회
· 수록지 정보 : 행정법연구 / 20권 / 51 ~ 65페이지
· 저자명 : 김유환

초록

In recent years, the Korea Veterans Association have engaged in substantial political activities such as opposition to the repeal of the National Security Act. But, Article 3 of the Korea Veteran Association Act prohibits political activities of the Association.For this reason, there have been serious debates about whether the Association is allowed to do such activities. In order to reach the resolution of this problem, political activity restrictions on public law organizations including the Korea Veteran Association should be reviewed in general.As current regulatory schemes have been greatly affected by the authoritarian political perspectives, they include very wide and strong prohibition clauses such as the whole prohibition clause of the Korea Veteran Association Act. But, the whole prohibition law could not be justified under the current Constitution of the Republic of Korea. At this juncture, we should devise new regulatory schemes in a more flexible and detailed manner. We should differentiate the political expression cases from the cases of election campaign and political contributions. Therefore, we must deregulate political expressions of public law organizations. Moreover, in the light of relatively rigid restriction schemes of the Public Official Election Act and the Political Fund Act, extra political restrictions on political activities of public law organizations by a number of statutes should be alleviated.

영어초록

In recent years, the Korea Veterans Association have engaged in substantial political activities such as opposition to the repeal of the National Security Act. But, Article 3 of the Korea Veteran Association Act prohibits political activities of the Association.For this reason, there have been serious debates about whether the Association is allowed to do such activities. In order to reach the resolution of this problem, political activity restrictions on public law organizations including the Korea Veteran Association should be reviewed in general.As current regulatory schemes have been greatly affected by the authoritarian political perspectives, they include very wide and strong prohibition clauses such as the whole prohibition clause of the Korea Veteran Association Act. But, the whole prohibition law could not be justified under the current Constitution of the Republic of Korea. At this juncture, we should devise new regulatory schemes in a more flexible and detailed manner. We should differentiate the political expression cases from the cases of election campaign and political contributions. Therefore, we must deregulate political expressions of public law organizations. Moreover, in the light of relatively rigid restriction schemes of the Public Official Election Act and the Political Fund Act, extra political restrictions on political activities of public law organizations by a number of statutes should be alleviated.

참고자료

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