[The Ordeal of the Prime Minister] ① Another Empty Slogan... Structural Limitations of Promises

Prime Minister with Responsibility, Framework for Dispersing Monarchic Power
Appears Every Administration but Remains Rhetoric
Constitutional Status of Prime Minister, Ambiguous and Dual

"I will fully exercise all the powers and responsibilities granted by the Constitution. I will also make all recommendations and dismissal proposals in writing."

In May of last year, during the National Assembly confirmation hearing, Prime Minister Han Duck-soo (then a nominee) said this. It was his intention to fulfill his duties as a 'responsible prime minister.' President Yoon Suk-yeol also pledged responsible prime ministers and responsible ministers during his candidacy period.

However, this promise was not kept during the first year after Prime Minister Han's inauguration. A responsible prime minister means a prime minister who can practically exercise the constitutional rights to recommend and propose dismissal of Cabinet members. It is not a legal term but a political concept. The core is whether the 'personnel authority,' the essence of power, is exercised. The intention is to decentralize and check the imperial power concentrated in the president.

The problem is that the realization of a responsible prime minister depends entirely on the president's voluntary will and has repeatedly failed. The prime minister's rights to recommend and propose dismissal overlap with the powers of the presidential office's personnel planning officer and the Ministry of Justice's personnel verification management team.

The scene when President Yoon Suk-yeol's transition committee announced then Prime Minister nominee Han Duck-soo on April 10 last year.

Criticism of 'Prosecutor Personnel' Dominance... Accusations of a Proxy and Shielding Prime Minister Continue

The past year was no different. Prime Minister Han tried to recommend Yoon Jong-won, president of the Industrial Bank of Korea, as the head of the Office for Government Policy Coordination, who assists him, but this was thwarted by Kwon Seong-dong, then floor leader of the People Power Party and a 'Yoon core figure (Yoon Suk-yeol's key associate).' This incident drastically narrowed Prime Minister Han's position as the 'real power in personnel matters.' Although it is said that opinions on cabinet formation rights (the right to form the cabinet) are exchanged through regular meetings with President Yoon, the personnel appointments revealed on the surface were dominated by prosecutors. Major ministers, key positions in the presidential office, and some organizations within the Prime Minister's Office were all staffed by former prosecutors.

The prime minister is appointed by the president and requires the confidence of the National Assembly (consent of the National Assembly), but it is a precarious position that the president can dismiss at any time. The prime minister is subordinate to the president's orders and approvals. From the first prime minister, Lee Beom-seok, to the 47th, Kim Boo-kyum, the average term of South Korean prime ministers is only 1.54 years. Although called the 'second-in-command of state affairs' and described as 'one below the king, above ten thousand' (一人之下 萬人之上), it is a high-ranking position marked by alternating glory and disgrace.

The difficulty in realizing a responsible prime minister is not solely due to the individual's capabilities or personal ties with the president. The current Constitution ambiguously and dually defines the role and status of the prime minister. The prime minister is guaranteed the right to recommend appointments (Article 87, Paragraph 1 of the Constitution) and the right to propose dismissal (Article 87, Paragraph 3 of the Constitution). However, the phrase 'under the command of the president' specified in the president's control over the Cabinet (Article 86, Paragraph 2 of the Constitution) effectively conflicts with these rights. Coupled with the president's power to dismiss the prime minister, the 'responsible prime minister' is easily neutralized. For this reason, the prime minister's right to recommend appointments has naturally become a procedure where the president selects candidates and the prime minister formally recommends them.

There is also a precedent where the Constitutional Court interpreted the prime minister's authority as merely an 'advisory body' in a presidential system. This was in a constitutional complaint filed in 1994, claiming infringement of personal freedom due to the National Security Planning Agency (now the National Intelligence Service), which was not under the prime minister's control. At that time, the Constitutional Court stated that the prime minister's role was 'an agency that controls administrative departments under the command of the president.' Ultimately, unless the Constitution is amended to strengthen the prime minister's authority (such as fixing the term or legally granting appointment rights for certain ministers or vice ministers), the 'responsible prime minister' is difficult to realize in state administration beyond political rhetoric.

This perception is shared inside and outside the Prime Minister's Office. A senior government official said, "The prime minister's constitutional powers have potential and a wide scope of interpretation, but the limits are clear, so the role has varied greatly depending on 'political decisions.' Accordingly, the influence of the Office for Government Policy Coordination has changed." In fact, during the tenure of former Prime Minister Lee Hae-chan, who was considered the most powerful prime minister since the founding of Korea, the function of the Office for Government Policy Coordination was greatly strengthened. The number of staff in the Prime Minister's Office increased from 591 at the end of 2004 to 651 just before Lee's resignation in 2005. At that time, the Office for Government Policy Coordination's organization was expanded to a two vice-minister system.

However, this was largely due to the exceptional situation where then-President Roh Moo-hyun was the leader of a minority faction in the ruling party. The formidable power of former Prime Minister Kim Jong-pil (JP) during the YS administration, who was mentioned as a 'real power prime minister,' also stemmed from the DJP coalition government agreement. Former Prime Minister Lee Nak-yeon of the Moon Jae-in administration was also considered influential, partly due to his status as a leading presidential candidate within the Democratic Party.

Concerns Raised About "Administrative Power Division Causing Governance Confusion"

There are also questions inside and outside the government about whether power division within the executive branch is necessary at this point. A senior government official said, "Even during the times of former Prime Ministers Kim Jong-pil and Lee Hae-chan, there was a protective shield under the World Trade Organization (WTO), and multilateralism was not as broken and stakeholder conflicts were not as acute as now," adding, "In such circumstances, if power is divided within the executive branch, it could cause confusion in governance."

There are also criticisms that it is redundant for the president and the responsible prime minister to share power and 'mutually check' each other when the opposition party in the National Assembly is already checking and monitoring the president, the head of the executive branch. A government official said, "The president ultimately works through laws and budgets, and the National Assembly holds the final decision-making power. The president is already under strong parliamentary checks, so it is not appropriate for the prime minister to also have decentralized power." It is interpreted that the prime minister's involvement in personnel matters could rather cause power conflicts or appear unconstitutional.