Controversy Over Dual Positions Hwang Unha, Unprecedented 'Conditional Resignation as Lawmaker' Decision... Police Chief Calls It a "Thoughtful Judgment"

Police Chief Min Gap-ryong is attending a video conference related to the launch of the Special Investigation Headquarters for Digital Sex Crimes held at the National Police Agency in Seodaemun-gu, Seoul on the 25th. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Lee Gwan-ju] Regarding Hwang Un-ha, a member of the Democratic Party of Korea who was elected to the National Assembly while serving as an active police officer, National Police Agency Commissioner Min Gap-ryong revealed the difficulties he faced, describing the unprecedented decision by the police to grant a ‘conditional resignation from office’ as a “carefully considered judgment.”

At a press briefing held on the 1st at the National Police Agency building in Migeun-dong, Seodaemun-gu, Seoul, Commissioner Min explained the conditional forced resignation decision concerning Assemblyman Hwang as “an unprecedented and unusual case,” adding, “There are no clear legal provisions in the current law that can be applied, making this a unique case.”

Commissioner Min continued, “We sought opinions multiple times from related institutions, academia, and legal experts, but no unanimous opinion emerged,” and added, “Therefore, we made the carefully considered decision of a conditional resignation.”

Assemblyman Hwang was suspended from his position as Director of the Police Human Resources Development Institute on February 21 of this year but maintained his status as an active police officer. He then ran in the 21st general election, was elected, and his term began on the 30th of last month. However, a controversy over holding dual positions arose due to conflicting regulations: the rules on handling public officials’ misconduct prohibit dismissal if the official is indicted in a criminal case, while the National Assembly Act prohibits members of the National Assembly from maintaining active public official status. This conflict stems from the prosecution indicting Hwang in January of this year on charges of interfering in the Ulsan mayoral election ahead of the June 2018 local elections, when he was the head of the Ulsan Metropolitan Police Agency.

In response, the National Police Agency made the conditional resignation decision regarding Assemblyman Hwang on the 29th of last month, one day before his term began. If he is later found guilty in court, the resignation decision will be revoked. This was a decision without precedent. Commissioner Min said, “I think the law should clearly stipulate this, assuming such cases may arise in the future,” and added, “I hope the National Assembly legislates to clarify these matters.”

Regarding inquiries about procedures following a final court ruling, Commissioner Min responded, “It is difficult to speak hypothetically about a verdict, but if a ruling is made before retirement age, since it is a conditional resignation, the resignation will be withdrawn and disciplinary procedures will be carried out again.”