정치자금법 이해 : 이론과 실제 그리고 전망

이창술

저자:이창술
중앙선거관리위원회해석과(행정사무관,2017~2019)
중앙선거관리위원회정치자금조사과(행정사무관,2020)
제주도특별자치도선거관리위원회지도과장(서기관,2021~2022)
양주시선거관리위원회사무국장(2023~)
중앙선거관리위원회5급공개경쟁시험출제위원다수역임
중앙선거관리위원회선거연수원사이버강사,초빙강사
정치관계법출강다수
-정당의중앙당당직자및당원협의회,당원연수출강다수
-국회의원의원보좌관대상출강다수
-지방자치단체공무원,지방의회의원,전국교직원대상출강다수
-시민단체대상출강다수
-중앙선거관리위원회선거연수원온·오프라인직무강의다수
「공직선거법」,「정치자금법」,「정당법」등정치관계법이‘불신의제도화’가아닌민주주의의원리인‘불확실성의제도화’로정치공간에서튼실하게자리매김하고,통치자와기득권이법을이용하여권력을행사·유지하는수단으로의기능하는‘법에의한지배(RulebyLaw)’가아닌통치자와기득권으로부터국민의자유와권리를보호하고인권과민주주의를담아내는그릇으로‘법의지배(RuleofLaw)’가실현되길바라며헌법상부여받은선거관리의책무를수행하고있습니다.
저자들

제1장/총론
1정치자금의중요성························································································2
2정치자금의정의···························································································3
3각국의정치자금정의····················································································5
4정치자금의구분··························································································6
가.선거비용······································································································6
1)선거공영제/72)선거비용제한액/9
3)선거비용의보전/94)선거비용보전의제한/9
5)당선무효된자등의비용반환/10
나.선거비용외정치자금·····················································································10
5정치자금의규제필요성················································································12
가.규제의필요성·····························································································12
나.정치자금규제에대한세계동향·······································································12
다.규제의방향································································································14
6입법연혁···································································································15
7정치자금법의목적······················································································20
제1조(목적)
가.정치자금의적정한제공보장··········································································20
나.정치자금의수입과지출내역공개·····································································20
다.정치자금과관련한부정방지··········································································20
라.민주정치의건전한발전·················································································21
8「정치자금법」의기본원칙··············································································21

제2장/「정치자금법」과타법과의관계
1「정치자금법」과헌법·····················································································24
2각국의정치자금관련헌법규정비교································································24
3「정치자금법」과「공직선거법」·········································································25
가.선거운동과정치활동·····················································································25
나.「정치자금법」과「공직선거법」의연관································································26
1)선거권과피선거권제한/272)당선무효/27
3)공무담임등의제한등/304)분리선고/33
5)공소시효/386)「정치자금법」과「공직선거법」의‘보칙’규정비교/39
4「정치자금법」과「정당법」··············································································40
5「정치자금법」상현행제도·············································································41

제3장/정치자금부정수수
제2조(기본원칙)제1항
제3조(정의)
제45조(정치자금부정수수죄)제1항
1의의·········································································································45
가.「정치자금법」제2조와제3조정치자금의정의·····················································45
나.「정치자금법」제45조제1항개요·····································································46
다.「정치자금법」제45조제1항위반죄와당선무효등제재·········································47
2‘정치활동을하는자’·····················································································47
가.의미·········································································································47
나.‘정치활동을하는사람’에해당하는사례·····························································48
다.‘정치활동을하는사람’에해당하지않는사례·······················································52
라.정치자금과교육감선거··················································································54
3‘정치활동을위한자금’··················································································58
가.의의및판단기준·························································································58
1)정당,공직선거당선자,후보자,후원회·정당의간부등/58
2)그밖에정치활동을하는자/58
나.‘정치활동을위한자금’에해당되는사례·····························································59
다.‘정치활동을위한자금’에해당되지않는사례·······················································66
4금전등일체······························································································70
5무상대여···································································································80
가.의미및판단방법·······················································································80
나.유상대여와차이··························································································82
다.무상대여의목적물·······················································································86
6채무의면제·경감그밖의이익·······································································87
7기부·········································································································87
8범의등·····································································································89
9‘대향범’문제······························································································92
10기수시기·····················································································