Establishment of Police Support Organization within Ministry of the Interior and Safety, Enactment of Command Rules for Police Commissioner, Transparency in Senior Prosecutor Personnel Procedures, Establishment of Presidential Committees, etc.
Strengthening Minister of Interior's Oversight Authority... De Facto Recommendation to Establish 'Police Bureau'
The National Police Agency in Seodaemun-gu, Seoul, on the 21st, when the Ministry of the Interior and Safety's Police System Improvement Advisory Committee is scheduled to announce recommendations on police control measures. The Ministry of the Interior and Safety's Police System Improvement Advisory Committee will release the recommendations on this day. Photo by Hyunmin Kim kimhyun81@
[Asia Economy Reporter Lim Cheol-young] The 'Police System Improvement Advisory Committee,' launched as the first directive of Minister of the Interior and Safety Lee Sang-min, has issued recommendations focusing on establishing a police-related support organization within the Ministry of the Interior and Safety (MOIS), enacting command rules for the Commissioner General of the National Police Agency, enhancing transparency in personnel procedures for senior prosecutorial officials, and establishing a presidential committee. As expected, the recommendations emphasize strengthening MOIS's oversight of the police organization, which is likely to intensify the controversy over 'police control' both inside and outside the police force.
On the 21st, the 'Police System Improvement Advisory Committee,' an advisory body to the Minister of the Interior and Safety, announced the 'Recommendations for Democratic Management and Operation of the Police and Efficient Task Performance' at the Government Seoul Office in Sejong-daero, Jongno-gu, Seoul. The joint chairpersons, Vice Minister Han Chang-seop and Attorney Hwang Jeong-geun, presented the announcement.
The advisory committee held four meetings since the 13th of last month to select key agendas for police system improvement and prepared the recommendations through presentations and discussions. The committee included six civilian members: Attorney Hwang Jeong-geun, a former Supreme Court presiding judge; Professor Cho So-young of the Law School at Pusan National University, president of the Korean Comparative Public Law Association; Professor Jeong Woong-seok of Seokyeong University, president of the Korean Criminal Procedure Law Association; Professor Kang Wook of the Korean National Police University with police practical experience; Professor Jeong Seung-yoon of the Law School at Pusan National University with prosecutorial practical experience; and former Hannam University visiting professor Yoon Seok-dae, a sociology major. MOIS officials such as the Vice Minister, Director of Planning and Coordination, and the National Police Agency's Investigation Planning Coordinator also participated.
Chairman Hwang Jeong-geun (Attorney) explained, "Following recent amendments to the Criminal Procedure Act and the Prosecutors' Office Act, the prosecutor's authority to direct investigations has been abolished, granting the police independent investigative authority and the power to decide on non-prosecution," adding, "Due to a series of changes including the reduction of prosecutorial investigative authority under the amended Prosecutors' Office Act, the reduction of military judicial police investigative authority under the amended Military Court Act, and the transfer of the National Intelligence Service's counterintelligence investigative authority to the police under the amended National Intelligence Service Act, the legal nature and scope of police investigative authority have fundamentally changed. Therefore, we sought institutional improvement measures for democratic management and efficient task performance of the police."
The plan broadly covers six tasks in two areas: 'democratic management and operation' and 'efficient task performance' of the police. The recommendations first proposed establishing a police-related support organization within MOIS. The Minister of the Interior and Safety must perform various roles related to the National Police Agency, such as proposing and initiating legislation, directing affiliated agency heads, recommending personnel appointments, submitting agenda items to the National Police Commission, and consulting on investigative regulation amendments. However, since there is currently no organization within MOIS to support these tasks, the advisory committee argued that a related organization should be established.
The committee also recommended enacting rules that explicitly state the Minister of the Interior and Safety's command authority. According to the current Government Organization Act, the head of an administrative agency can directly command the head of an affiliated agency regarding important policy formulation. Since seven ministries, including the Ministry of Economy and Finance, have established and operate related command rules, MOIS, which currently lacks such rules, should enact command rules to provide a basis explicitly defining the Minister's direct command authority.
Chairman Hwang stated, "Since MOIS has the National Police Agency and the Fire Agency as affiliated agencies, it should enact and operate rules concerning command over these two agency heads," adding, "Such improvement measures should also apply to the Ministry of Oceans and Fisheries, which has the Korea Coast Guard as an affiliated agency."
On the 21st, when the Ministry of the Interior and Safety's Police System Improvement Advisory Committee is scheduled to announce recommendations on police control measures, the police flag is fluttering in the wind at the National Police Agency in Seodaemun-gu, Seoul. The advisory committee will release the recommendations on this day. Photo by Kim Hyun-min kimhyun81@
The advisory committee also included strengthening the Minister of the Interior and Safety's personnel authority over senior police officials and improving the inspection and disciplinary systems. The aim is to enhance transparency in police personnel procedures. The committee recommended establishing a candidate recommendation committee or a recommendation advisory committee to ensure that the Minister's personnel proposals for senior police officials such as the Commissioner General of the National Police Agency and the Director of the National Investigation Headquarters are made objectively.
The recommendations grant the Minister of the Interior and Safety the authority to request disciplinary action against senior police officials and call for substantive external audits by bodies such as the Board of Audit and Inspection. Chairman Hwang said, "While prioritizing internal police inspections, external audits and inspections by bodies like the Board of Audit and Inspection should be made substantive, and disciplinary procedures should be rationally restructured," adding, "The Minister of the Interior and Safety should be granted the authority to request disciplinary action against senior police officials of certain ranks, including the Commissioner General of the National Police Agency, whose term is guaranteed for two years."
Regarding 'efficient task performance,' the advisory committee proposed expanding police work infrastructure, including increasing personnel and improving treatment, and strengthening the role of the Investigation Review Committee to enhance the fairness of investigations. This is interpreted as including measures such as expanding promotions for senior officials, strengthening education, and improving treatment to address resistance from police members against the Minister's strengthened control.
Chairman Hwang said, "Measures should be prepared to increase appropriate personnel for strengthening investigative capabilities, enhance investigative expertise, improve the rank retirement system and multiple rank system, expand promotions for senior officials from general police officers such as patrol officers, strengthen education, and improve treatment," adding, "To strengthen investigative fairness, the affiliation of investigation reviewers should be transferred to a higher institution than the agency to which investigators belong, and measures to strengthen the role of the Investigation Review Committee are necessary."
On the 21st, when the Ministry of the Interior and Safety's Police System Improvement Advisory Committee is scheduled to announce recommendations on police control measures, a banner opposing the establishment of the Police Bureau is hung in front of the National Police Agency in Seodaemun-gu, Seoul. The Ministry of the Interior and Safety's Police System Improvement Advisory Committee will announce the recommendations on this day. Photo by Kim Hyun-min kimhyun81@
Meanwhile, the advisory committee proposed establishing a presidential committee, recognizing the limitations of administrative ordinances. Chairman Hwang stated, "We hope the government will promptly legislate and smoothly settle the recommendations to achieve the goals of the police system, namely 'democratic management and operation of the police and efficient task performance,' and contribute to creating a 'police for the people,'" adding, "We propose establishing a provisional 'Police System Development Committee' to prepare fundamental improvement measures that were not discussed within the committee."
In response, Vice Minister Han Chang-seop said, "The advisory committee proposed important tasks for system improvement through in-depth discussions within a short period," adding, "Based on the recommendations, we will select key tasks that help realize a people-centered police force and faithfully promote these tasks after consulting related agencies and others."
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