Large Holiday Gifts to Lawmakers Using Political Funds [Leaking Donations]④

Election Commission "No Legal Issues"
Illegal if Proportional Representative Lawmaker
Ambiguous Regulation of "Within Normal Range"

Editor's NoteThe reason for abolishing the district party in the past was due to illegal political funds. Recently, the two major parties have been pushing for the revival of the district party. The prerequisite for the revival of the district party is transparent use of political funds. What is the actual situation? Asia Economy requested information disclosure from the National Election Commission and regional election commissions and secured six months' worth of accounting reports before the expiration of the terms of 144 members of the 21st National Assembly. These individuals are now former lawmakers. Based on the secured data, we prioritized verification items by examining the appropriateness of expenditure purposes and usage locations. We confirmed with the parties involved and the election commission, and also conducted on-site reporting. We also uncovered the reality that the election commission does not properly verify accounting reports. We focus on verifying and reporting on the use of political funds by lawmakers near the end of their terms. ① Spending millions of won on office supplies at a kimchi factory logistics warehouse ② Using political funds for meals at Gangnam wine bars, hotels, and famous restaurants... 'Meetings = Gourmet tours?' ③ Retirement pay is illegal... 'Retirement consolation money' is legal ④ Large-scale holiday gifts to fellow lawmakers with political funds

#. Former lawmaker Hong Ik-pyo spent 10,015,000 won about two months before the general election on January 31 this year to purchase holiday gifts for fellow politicians. He delivered red ginseng sets to all Democratic Party lawmakers.

#. Former lawmaker Lee Tan-hee purchased holiday gifts worth 750,000 won for his aides at a department store in Yeongdeungpo, Seoul, on February 6. Former lawmaker Lee Yong-woo also paid 700,000 won as a holiday bonus to a staff member presumed to have worked with him on February 8.

#. Former lawmaker Jung Chun-sook spent 1,980,000 won on February 7 this year for holiday gifts for her aides and the floor policy office.

What do they have in common? They all funded the purchase of gifts entirely through their 'support committee donation' accounts. In other words, political donations received from supporters were used for specific individuals. The National Election Commission (NEC) judged that it is legally permissible for politicians to use political funds to provide holiday gifts and encouragement money to workers who worked with them. The key point of the judgment lies in whether there is a 'quid pro quo' between the giver and the receiver of the gifts. An NEC official said, "Political funds that are lawfully used, not illegal expenditures, can be spent."

Here, 'lawful expenditure' that is not illegal is specified in Article 112, Paragraph 1 of the Public Official Election Act (Definition of Donation Acts, etc.). According to the election law, lawmakers are subject to continuous restrictions on donation acts and are prohibited from providing gifts to 'persons within their electoral district or persons outside the district who have ties to the constituents.' It was judged that gifts to people who could influence their own election may have 'quid pro quo.' In other words, it is illegal for a district lawmaker to provide holiday gifts to local senior centers, etc. (providing gifts in the name of local governments according to laws and regulations is allowed), but gift-giving among fellow lawmakers who have no ties to their electoral district is generally permissible.

However, proportional representation lawmakers, who are not elected from a specific district, cannot exchange gifts with fellow lawmakers. This is because their electoral district is 'nationwide,' meaning all voters nationwide are considered 'constituents.' According to the election law, gifts from proportional representation lawmakers violate the election law regardless of the recipient.

Even if the recipient is not part of their electoral district, the judgment on the permissible 'level' of gifts remains ambiguous. The NEC interprets that providing holiday gifts with political funds is possible within a 'normal range.' Because the election law is complex and involves many interpretative elements, the NEC distributes a booklet titled 'Guidance on Political Relations Law for Lunar New Year and Chuseok' every year before the holidays. Former lawmaker Hong Ik-pyo explained in a phone call, "When I was floor leader, I first gave gifts to about 200 people including party advisers and party lawmakers. The gifts were not expensive, about 50,000 to 60,000 won per person."