Trade Unions' Political Contributions Case

11-2 KCCR 555, 95 Hun-Ma (1999)

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Trade Unions’ Political Contributions Case

Korea Constitutional Court
11-2 KCCR 555, 95 Hun-Ma (1999)

KS

Facts

In Korea, Article 12(5) of the Political Fund Act prohibited labor unions from making political contributions. The act did not limit the ability of other social organizations, including management groups, to make political contributions. The act’s prohibition on labor unions from making political contributions was based on the premise that labor unions could improve working conditions only through collective bargaining and agreement and not by participating in any political activity. The act addressed concerns that a labor union that made political contributions would be jeopardizing its financial security and would risk the politicization of the organization. A labor union (plaintiff) filed a constitutional complaint, alleging that the Korean government (defendant) and its passage of the act had violated the labor union’s constitutionally protected right to participate in political discourse.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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