Controversy Over 'Special Recruitment'... Why Does the Election Commission Refuse Board of Audit Inspection?

Additional Allegations of 'Special Hiring for Children'... Controversy Spreads
Concerns Over Independence Violation... Board of Audit and Inspection 'Refuses' Audit

The National Election Commission (NEC) is facing a crisis over allegations of special hiring of children of current and former high-ranking officials. As additional allegations of special hiring have surfaced and the scandal is spreading, there are calls for clarification through an audit by the Board of Audit and Inspection (BAI). However, the NEC maintains its stance that a BAI audit is impossible due to concerns over infringement on its independence.

According to the office of Jeon Bong-min, a member of the National Assembly's Public Administration and Security Committee from the People Power Party, the NEC's full investigation found that the children of four retired public officials?two from the Incheon City NEC, one from the Chungbuk Province NEC, and one from the Chungnam Province NEC?were hired as experienced staff at the metropolitan and provincial NEC offices where their fathers worked.

Previously, suspicions arose that children of high-ranking NEC officials such as Park Chan-jin, Secretary General of the NEC; Song Bong-seop, Deputy Secretary General of the NEC; Kim Se-hwan, former Secretary General; and Shin Woo-yong, Standing Commissioner of the Jeju Election Commission, were given preferential hiring as experienced national public officials after working as local government officials. In response, the NEC launched a full investigation targeting executives at grade 5 or higher regarding whether their children were employed at the NEC.

[Image source=Yonhap News]

The full investigation additionally confirmed that children of retired grade 4 public officials are working at the NEC. At the Incheon City NEC, the children of two executives were hired as experienced staff at grade 7 in 2011 and grade 8 in 2021, respectively. The child of an executive at the Chungbuk Province NEC was hired in 2020, and the child of an executive at the Chungnam Province NEC was hired in 2016. The office of Assemblyman Jeon explained that grade 4 public officials at metropolitan and provincial NECs typically hold department head positions and do not change their work locations, so it is presumed that their children were hired while they were working there.

As the allegations spread, calls for external oversight to enhance transparency have grown louder. On the 1st, Jeon Hyun-hee, Chairperson of the Anti-Corruption and Civil Rights Commission, emphasized on CBS Radio's "Park Jae-hong's One-on-One Show," "An investigation by an external agency and a clear fact-finding process must be conducted, and everything must be revealed to the public without a shred of doubt."

She added, "In reality, the NEC is a constitutional institution, an agency stipulated by the Constitution, so it has been virtually a blind spot for external checks, monitoring, and supervision. Stagnant water inevitably becomes foul, and without checks, monitoring, and supervision, the likelihood of misconduct increases."

She further stated, "I hope that the NEC takes this opportunity to undergo some form of external oversight or investigation and turns this into a chance for a turnaround to become an institution trusted by the public."

[Image source=Yonhap News]

However, the NEC has rejected the idea of a BAI audit. It argues that due to concerns over infringement on its independence, it cannot undergo a duty inspection, and it is not subject to BAI audits.

Article 17, Paragraph 2 of the National Public Service Act stipulates, "Audits of personnel affairs of public officials belonging to the National Assembly, the courts, the Constitutional Court, and the Election Commission shall be conducted by the Secretary General of the National Assembly, the Chief of the Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the Election Commission, respectively, upon the order of the Speaker of the National Assembly, the Chief Justice of the Supreme Court, the President of the Constitutional Court, or the Chairperson of the National Election Commission."

Professor Jang Young-soo of Korea University Law School pointed out that while external oversight is necessary, since the NEC can be pressured through the BAI, a different form of oversight is needed.

On the 2nd, on KBS Radio's "Choi Kyung-young's Strong Current Affairs," Professor Jang said, "The Audit Act explicitly prohibits duty inspections of the National Assembly, courts, and Constitutional Court. However, since there is no explicit provision regarding the NEC, there is an interpretive conflict over whether the NEC, as a constitutional and independent institution, should be exempted or not."

He continued, "If we emphasize the NEC's status as an independent institution, it would be problematic if the President uses the BAI under his control to pressure the NEC. Therefore, a different method of external oversight should be introduced."