Yoon Administration's 'Executive Order Unilateralism' Moves... Opposition to Unveil Secret National Assembly Act Card

State Council Establishes Personnel Information Management Unit under Ministry of Justice
Democratic Party Judiciary Committee Members Reach Consensus Using Article 98-2 of National Assembly Act
Negotiations on Committee Formation Hinder Progress

[Asia Economy Reporter Naju-seok] Regarding the establishment of the ‘Personnel Information Management Unit’ under the Ministry of Justice, which passed the Cabinet meeting, the opposition party has expressed its intention to counter through provisions such as the National Assembly Act. However, the opposition’s response is being hampered as the Legislative and Judiciary Committee and the Public Administration and Security Committee, which are supposed to review enforcement ordinances, remain unformed due to delays in negotiations for the organization of committees.

Park Jumin, Member of the Democratic Party of Korea [Image source=Yonhap News]

On the 31st, Park Jumin, a member of the Democratic Party of Korea, said in a phone interview with Asia Economy, "We are primarily considering using Article 98-2 of the National Assembly Act regarding the establishment of the Personnel Information Management Unit." Park said, "Among the Democratic Party members of the Legislative and Judiciary Committee (in the first half of the National Assembly), there was agreement on this solution," adding, "If the National Assembly is newly organized, the composition of the Legislative and Judiciary Committee members will change, and discussions may differ, but even if newly formed, it should not be difficult to gather opinions."

However, regarding the timing of the response, he said, "This process will only be activated once the committee organization is completed."

On the same day, the government held a Cabinet meeting and amended the ‘Enforcement Rules of the Ministry of Justice and its Affiliated Agencies Organization Act (Ministry of Justice Ordinance)’ and the ‘Regulations on the Collection and Management of Information on Public Office Candidates, etc. (Presidential Decree)’ related to the Personnel Information Management Unit. Once these two provisions are amended, the Ministry of Justice will be responsible for the collection and management of personnel information on public office candidates, etc., entrusted by the head of the Ministry of Personnel Innovation.

The Personnel Information Management Unit may also conduct personnel verification for positions such as Supreme Court Justices or Constitutional Court Justices, raising concerns that prosecutors verifying judges could infringe on the independence of the judiciary. Additionally, there were criticisms that personnel verification information could be used for investigations and other purposes.

Earlier, Democratic Party members of the Legislative and Judiciary Committee, including Park, pointed out in a press conference that "It is also illegal to entrust some of the authority to collect and manage information on public office candidates of the Ministry of Personnel Innovation to the Minister of Justice outside the Chief Presidential Secretary without amending the Government Organization Act."

Minister of Justice Han Dong-hoon is attending the Cabinet meeting held at the Government Seoul Office in Jongno-gu, Seoul on the 31st. Photo by Kim Hyun-min kimhyun81@

Currently, the opposition is reviewing Article 98-2 of the National Assembly Act, which requires notifying the head of the relevant central administrative agency and receiving a processing plan when administrative legislation such as enforcement ordinances is deemed inconsistent with the purpose or content of the law. Although this law has not been used since the 2020 amendment of the National Assembly Act, it is considered necessary to check the executive branch.

Within the opposition, voices are calling for the Legislative and Judiciary Committee and the Public Administration and Security Committee to respond respectively. However, the key issue is that the committee organization negotiation must be resolved. Since the first half of the National Assembly, the committees have not been organized, and the allocation of members to their respective standing committees has not been made. Democratic Party member Kim Young-bae said, "The problem is the committee organization," adding, "I am concerned that the People Power Party is deliberately trying to paralyze the National Assembly."

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