미국의 정치자금규제에 관한 헌법적 고찰 = A constitutional study on political funds restriction in the United States

다국어 초록 (Multilingual Abstract)

The election campaigns of the USA is proceeded centered on a candidate not on political party and each candidate needs big political funds. So, as these have been emphasized - big funds necessary for election campaign, risk of corruption caused by bribery for the sake of vote, necessity of delivering voice from persons who do not have much money, to national people, necessity of restriction on political funds related to election has been raised. But some assert that regarding to The First Amendment, restriction on campaign finance should be regarded as invasion on freedom of speech. Congress of the United States has strived for restriction on political funds related to election. Especially, through Federal Election Campaign Act(FECA) in 1971, wide reform was implemented. And through Bipartisan Campaign Reform Act(BCRA) in 2002, restriction was made on soft money and electioneering communication of corporation or legal body in the Federal election. And Maine, North Carolina, Arizona States etc. enacted Clean Elections Act to prevent corruption risk in the election through support of public fund. Accordingly, this study intended to investigate centered on law for political funds restriction and judgement of the U.S. Supreme Court if expenditure and contribution of political funds can be a form of speech protected by The First Amendment, and if so, how government can regulate such speech. To do this, the study investigated matter of judicial review standards for restriction of political funds and validity for distinction between contribution and expenditure centered on Buckley v. Valeo which is most basic case in judging whether restriction of political funds violates constitution or not. And as important issues related to restriction of campaign fund, these were investigated focused on judgment of the U.S. Supreme Court - restriction on expenditure and contribution, expenditure restriction of corporation, matter of public fund support etc. Especially, this study explored problems of judgment in the Supreme Court that considers freedom of political speech as priority under system of Chief Justice, Roberts.

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