Ministry of Justice Clash Over 'Personnel Verification Function'... Park Beom-gye "Illegal" vs Han Dong-hoon "Past Civil Affairs Office Work Also Illegal"

by Oh Jooyean

by Park Joonyi

Published 25 Jul.2022 16:27(KST)

Verbal Clash Over Establishment of 'Ministry of Justice Personnel Information Management Unit' During National Assembly's Government Questioning on the 25th
Ruling Party Lawmakers Applaud Han Dong-hoon's Response

[Asia Economy Reporters Oh Ju-yeon and Park Jun-i] On the 25th, former Minister of Justice and Democratic Party lawmaker Park Beom-gye and current Minister of Justice Han Dong-hoon clashed during a National Assembly interpellation session regarding the establishment of the Personnel Information Management Division under the Ministry of Justice for high-ranking public official personnel verification.

On this day, during the interpellation session held in the National Assembly plenary hall in the afternoon, Lawmaker Park questioned Minister Han about the principles of 'comprehensive prohibition of profit, administrative legality, and tax law principle,' challenging whether it is appropriate for the Ministry of Justice to take on the function of personnel verification for public officials.

Minister of Justice Han Dong-hoon is responding to a question from Park Beom-gye, a member of the Democratic Party of Korea, during the government questioning session on politics, diplomacy, unification, and security held at the National Assembly on the 25th. Photo by Yoon Dong-joo doso7@

Lawmaker Park stated, "The Personnel Information Management Division head was inserted into the Ministry of Justice's organizational decree as an aide to the minister. I have never seen a law inserted like this," adding, "If it were fair and square, the word 'personnel' should be included in Article 3 of the Ministry of Justice's organizational decree regarding duties. However, it was not included. In other words, the position was created without any actual duties. This is a trick and an abuse of the rule of law."

In response, Minister Han countered, "If it is within the scope that the department can perform, wouldn't that not be considered 'delegation'?"

When Lawmaker Park asked, "Why does the Minister of Justice have to verify Supreme Court justices, Constitutional Court justices, the Prime Minister, the Presidential Secretary, and senior aides?" Minister Han replied, "Verification is conducted only when requested by the appointing authority for primary objective verification. However, since Supreme Court justices are not appointed by the president, there is no rule for prior personnel verification. Therefore, the Personnel Information Management Division does not conduct verification related to Supreme Court justice recommendations."

Lawmaker Park pressed, "Supreme Court justices are legal officials, the Prime Minister is a political official, and the Presidential Secretary is a political official. Where is such a regulation? Does Minister Han verify only those he favors and not others?"

Minister of Justice Han Dong-hoon is attending the government questioning session on politics, diplomacy, unification, and security held at the National Assembly plenary session on the 25th, responding to questions from lawmakers. Photo by Yoon Dong-joo doso7@

Minister Han responded, "Then, what basis did the Civil Affairs Office, where you worked, use to verify people? Personnel verification assists the president's personnel authority, so it is conducted upon request and with consent regarding positions appointed by the president. I believe there is no legal problem," he said.

He continued, "Also, this is not a newly created task but one that the Civil Affairs Office has continuously performed in the past," adding, "If what I am doing is wrong, then all personnel verification work done by the Civil Affairs Office in previous administrations would have been illegal."

Minister Han's remarks were met with applause and cheers from the People Power Party.

Below is the Q&A between Lawmaker Park and Minister Han.

▲Park Beom-gye

Is there a regulation in Article 32 of the Government Organization Act that assigns personnel duties to the Ministry of Justice?

▲Han Dong-hoon

I understand that the organization of administrative departments can be delegated according to the Government Organization Act.

▲Park Beom-gye

That is partial delegation. I asked about the Government Organization Act. Please stop evading my question and answer directly.

▲Han Dong-hoon

I'm not evading. The issue has already been legally reviewed by the Ministry of Government Legislation and is currently being implemented without legal problems. I understand your point, but there is sufficient legal basis, and the Civil Affairs Office in the past also conducted personnel verification under the same regulations delegated by the Ministry of Personnel Innovation.

▲Park Beom-gye

You say it was reviewed by Minister of Government Legislation Lee Wan-gyu? Birds of a feather flock together. Article 32 of the Government Organization Act does not include personnel duties within the scope of the Minister of Justice's authority. Are you aware of this?

▲Han Dong-hoon

Delegation cannot be made beyond the scope of authority. If it is within the scope that the department can perform, it would not be delegation.

▲Park Beom-gye

You are giving irrelevant answers.

▲Han Dong-hoon

No, that is not the case.

▲Park Beom-gye

I asked about the Government Organization Act, but you talked about delegation. Fine. So, the Personnel Information Management Division head was inserted into the Ministry of Justice's organizational decree as an aide to the minister. I have seen bundling of goods, but I have never seen bundling of laws. If it were fair, the word 'personnel' should be included in Article 3 of the Ministry of Justice's organizational decree regarding duties. It was not included. In other words, the position was created without any actual duties. This is a trick. This is an abuse of the rule of law.

▲Han Dong-hoon

I do not think so.

▲Park Beom-gye

It appears to have the appearance of rule of law but is actually anti-rule of law.

▲Han Dong-hoon

I do not agree with that.

▲Park Beom-gye

You would answer like that. Why does the Minister of Justice have to verify Supreme Court justices, Constitutional Court justices, the Prime Minister, the Presidential Secretary, and senior aides?

▲Han Dong-hoon

My scope of work is to conduct objective primary verification and provide it without judgment. Regarding Supreme Court justice verification, as I have explained outside, our Personnel Information Management Division does not conduct verification for Supreme Court justices.

▲Park Beom-gye

Where is that regulation?

▲Han Dong-hoon

It is not a regulation but verification is conducted only when requested by the appointing authority. Since Supreme Court justices are not appointed by the president but recommended, there is no rule for prior personnel verification. Therefore, our Personnel Information Management Division does not conduct verification related to Supreme Court justice recommendations.

▲Park Beom-gye

Where is such a regulation? Supreme Court justices are legal officials, the Prime Minister is a political official, and the Presidential Secretary is a political official. Where is such a regulation? Does Minister Han verify only those he favors and not others?

▲Han Dong-hoon

Then, what regulations did the Civil Affairs Office, where you worked, use to openly verify all personnel lists? Personnel verification assists the president's personnel authority, so it is conducted upon request and with consent regarding positions appointed by the president. I believe there is no legal problem. Also, this is not a newly created task but one that the Civil Affairs Office has continuously performed in the past. If what I am doing is wrong, then all personnel verification work done by the Civil Affairs Office in previous administrations would have been illegal.