Gyeonggi-do vs Namyangju-si, 'Audit Conflict' Round 2 Begins... Legal Battle Anticipated

Mayor Jo Gwang-han, "Investigations Beyond Personal Data Collection and Audit Purposes Are Not in the Public Interest"

Jowanghan, Mayor of Namyangju City (left in the photo), filed a complaint with the prosecution on the 28th against Lee Jae-myung, Governor of Gyeonggi Province, on charges including the 'Personal Information Protection Act.' [File photo]

[Asia Economy Reporter Ra Young-cheol] The conflict between Gyeonggi Province and Namyangju City, sparked by Namyangju Mayor Jo Gwang-han's criminal complaint against Gyeonggi Governor Lee Jae-myung for 'violations of the Personal Information Protection Act, etc.,' has drawn attention regarding the legality of the audit.

Although the audit was temporarily halted on the 7th following Gyeonggi Province's decision to suspend it, the underlying conflict, which had remained unchanged between the two sides, appears to have been reignited by Namyangju City's preemptive complaint.

Depending on how Gyeonggi Province responds to Namyangju City's complaint, the conflict between the two sides could intensify further, or there is a possibility that Namyangju City might withdraw the complaint.

On the 28th, Mayor Jo and others stated in the complaint, "We are filing a complaint with the Suwon District Prosecutors' Office against the accused for 'abuse of official authority and obstruction of rights' under the Criminal Act and violations of the Personal Information Protection Act."

The complainants are Mayor Jo and Eom Gang-seok, head of the Namyangju branch of the Gyeonggi Regional Headquarters of the Korean Government Employees' Union, with Lee & Lee Law Firm acting as the legal representative. The accused are Gyeonggi Governor Lee Jae-myung, Auditor Kim Hee-soo, Investigator Ha Young-min, Chief Investigator Min Ju-sik, and Officer Lee Jung-gi, totaling five individuals.

Mayor Jo and others explained the background of the complaint, stating, "The accused's collection of internet portal site IDs and comments of Namyangju city officials and investigative actions beyond the scope of the audit are not for the public interest."

They added, "The accused's unauthorized collection and management of IDs and comment information without the consent of the parties involved constitute illegal surveillance aimed at monitoring the thoughts and behaviors of individuals who wrote the comments," and pointed out, "This violates the fundamental principles and duties of the Constitution and infringes on citizens' basic rights such as privacy, freedom, and freedom of expression."

Furthermore, they claimed, "The audit conducted by the accused in Gyeonggi Province ignored the procedures stipulated in the Local Autonomy Act, abused their authority, and coerced lower-ranking officials into giving statements under threats that could harm their status, despite no obligation to do so."

This complaint is not surprising, as Namyangju City and Gyeonggi Province have clashed over various project implementations, with Governor Lee and Mayor Jo engaging in tense exchanges each time. However, the fact that two local government heads from the same party (the Democratic Party) are confronting each other has attracted public interest.

On the 4th, Gyeonggi Province ended a special audit of Namyangju City, stating, "For matters not covered in this investigation, separate plans will be established and pursued in the future," indicating plans for a re-audit.

In response, Mayor Jo also announced a countermeasure, saying, "We plan to file complaints and lawsuits regarding Gyeonggi Province's 'human rights violations,' suspected to be surveillance of our city officials."

Previously, until last month, Gyeonggi Province conducted a total of 33 special audits across 31 cities, counties, and districts within the province. One-third of these audits targeted Namyangju City. Since May this year, nine audits have been conducted on Namyangju City, doubling the four audits conducted last year.

The special audit that began on the 16th of last month investigated ▲ allegations of preferential treatment in the Yangjeong Station area development project, ▲ suspicions of unfair selection of art competition contractors, ▲ compliance with COVID-19 quarantine guidelines, ▲ allegations of corruption in hiring the head of the Namyangju Urban Corporation audit office, and ▲ the appropriateness of the Wolmun-ri building permit (modification).

Mayor Jo publicly refused the audit, even staging a solo picket protest, and held two press conferences at the Gyeonggi Northern Provincial Government Building, escalating the conflict between the two sides.

In response to Namyangju City's refusal and backlash against the audit, Gyeonggi Province declared the audit terminated just two weeks after it began, stating, "Due to Mayor Jo's declaration of 'refusal to cooperate with the audit' and his instruction to Namyangju city officials to 'stop cooperating with the Gyeonggi Province audit,' it became practically impossible to proceed with the investigation."

Regarding this, Namyangju City expressed gratitude, saying, "We appreciate Gyeonggi Province's wise judgment before the Constitutional Court's provisional injunction decision," but reiterated the unfairness of Gyeonggi Province's audit, emphasizing, "The essence of this incident lies in the fact that the unlawful and unjust abuse of audit authority over autonomously conducted administrative affairs, which has been a customary practice, must no longer be tolerated."

The city also officially stated, "The fundamental issues have not been resolved, and such audits must never be repeated until the Constitutional Court's adjudication on the dispute over authority is concluded."

This content was produced with the assistance of AI translation services.