If Court Issues Guilty Verdict, Resignation of Lawmaker Becomes Ineffective
A Desperate Measure in an Unprecedented Situation
[Asia Economy Reporter Lee Gwan-joo] The National Police Agency made an unprecedented 'conditional dismissal' decision one day before the start of the 21st National Assembly term regarding Hwang Un-ha, a member-elect of the Democratic Party of Korea who ran for the 21st National Assembly election while holding the status of an active police officer and was elected.
On the 29th, the National Police Agency stated, "We judged that 'conditional dismissal as a member,' where the effect of dismissal as a member is lost if a guilty verdict is confirmed in the ongoing investigation and trial against the member-elect, is the most appropriate according to legal regulations and intent."
They added, "This is an unavoidable decision made after long deliberation, reflecting the provisions and intent of related laws such as the Constitution, the National Assembly Act, the National Public Officials Act, and the regulations on handling public officials' misconduct cases."
Hwang was suspended from his position as director of the Police Human Resources Development Institute on February 21 and subsequently ran for the general election and was elected. However, a controversy over holding concurrent positions arose as the regulations on handling public officials' misconduct cases prohibit dismissal if charged with a criminal case, while the National Assembly Act prohibits members of the National Assembly from maintaining active public official status. The prosecution indicted Hwang, then the chief of the Ulsan Metropolitan Police Agency, in January of this year on charges of interfering in the Ulsan mayoral election ahead of the June 2018 local elections.
In response, the National Police Agency has been deeply deliberating over accepting Hwang's resignation. The agency stated, "To find a legal and rational solution regarding Hwang's status, we have carefully reviewed the matter by repeatedly consulting related institutions such as the National Assembly, the Ministry of Personnel Management, the Ministry of Government Legislation, as well as experts from academia and the legal community."
They emphasized, "This decision comprehensively considered that if dismissal as a member is not permitted solely by presidential decree without explicit legal grounds for those seeking dismissal to perform their duties as members of the National Assembly, it would violate the constitutional and National Assembly Act provisions on prohibition of concurrent positions and the National Public Officials Act provisions on prohibition of political activities, as well as the need to consider the restrictions on dismissal as a member under the presidential decree."
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