Legislative Office Strengthening Police Bureau... Presents 3 Reasons
Ministry of Legislation: "Establishment of Police Bureau is Legal... Minister of the Interior Has Legal Authority"
"Possible Without Legal Amendment... Police Commission Deliberation and Resolution Not Required"
[Asia Economy Sejong=Reporter Lee Jun-hyung] The Ministry of Government Legislation has stated that the establishment of the Police Bureau, promoted by the Yoon Seok-yeol administration, is lawful. It directly refuted claims that there are legal issues with the establishment of the Police Bureau.
On the 27th, Lee Wan-gyu, head of the Ministry of Government Legislation, said that there is a legal basis for the establishment of the Police Bureau. He said, "The partial amendment ordinance of the 'Organization of the Ministry of the Interior and Safety and its affiliated agencies,' which was approved at the Cabinet meeting on the 26th, is to exercise the legal authority of the Minister of the Interior and Safety."
He emphasized that the Police Bureau is based on three laws: the Government Organization Act, the National Police Act, and the Police Officers Act. He stated, "The Police Bureau is an organization established to assist the Minister of the Interior and Safety in performing duties based on legal grounds," and added, "An organization to assist the minister in exercising authority already granted by law can be established by amending the 'Organization of the Ministry of the Interior and Safety and its affiliated agencies' without separate legal amendments." He further added, "(The establishment of the Police Bureau) does not necessarily require the deliberation and resolution of the Police Commission."
Lee Wankyu, Chief of the Legislation Office, Interviewing with Yonhap News
(Seoul=Yonhap News) Photo by Kim Seungdoo = Lee Wankyu, Chief of the Legislation Office, is answering questions during an interview with Yonhap News at the Government Seoul Office Building. 2022.7.17
kimsdoo@yna.co.kr
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He also refuted the claim that the Police Bureau cannot be established because 'public security' is not specified as a duty under the Government Organization Act for the Minister of the Interior and Safety. He pointed out, "This Ministry of the Interior and Safety organization ordinance is intended to establish auxiliary agencies to exercise the minister's authority stipulated in individual laws," and added, "It is not necessary for 'public security' to be specified in the Government Organization Act." He explained, "According to the Government Organization Act, the minister can direct the formulation of important policies of external agencies such as the National Police Agency," and "In the external agency system, the minister does not directly oversee public security duties but controls them through a command relationship between the minister and the external agency."
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He also interpreted that if the Minister of the Interior and Safety cannot control the police, it would violate the Constitution. He said, "If the Minister of the Interior and Safety cannot exercise any command or control over the National Police Agency, it would be contrary to the constitutional principle of democratic control of state power by the people."
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