Sitting Chief Prosecutor Claims "Appointment of Police University Graduates as Inspectors is Unconstitutional"... Cites Research Report Written 13 Years Ago

Hwangsan-ri, Asan-si, Chungnam, Police University Main Building.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] On the 26th, Lee Sang-min, Minister of the Ministry of the Interior and Safety, expressed his intention to reform the Korean National Police University (KNPU), stating that "it is unfair to automatically start at the rank of lieutenant just because one graduated from the Police University," sparking controversy. Amid this, a current senior prosecutor has pointed out the unconstitutionality of the Police University and called for its abolition.

Kang Soo-san-na, a senior prosecutor working in the Seoul High Prosecutors' Office trial division, wrote on the prosecution's internal network 'Eprose' on the 28th, in an article titled "Review of the Unconstitutionality of the Police University," that "even medical school graduates must pass the medical licensing exam, pharmacy school graduates must pass the pharmacist qualification exam, and law school graduates must pass the bar exam. No profession guarantees public office employment solely by graduating from university. However, Article 8 of the Police University Establishment Act, which appoints graduates automatically as lieutenants, has a high possibility of being unconstitutional in this regard."

Article 8 (Appointment of Graduates) of the Police University Establishment Act stipulates that "graduates who have completed the bachelor's degree program at the Police University shall be appointed as lieutenants under the Police Officers Act."

Unconstitutionality of the Police University Already Pointed Out in a 2009 Research Report

The article posted by Senior Prosecutor Kang is actually an excerpt from a research report titled "Review of the Unconstitutionality of the Police University," which he wrote in 2009 while working as a prosecutor at the Seoul Central District Prosecutors' Office.

In the report, he argued that the Police University Establishment Act discriminates between Police University graduates and patrol officers or police officer candidates, violating the right to equality. Furthermore, the limited number of police officer candidates who can be appointed as lieutenants through annual exams infringes on the constitutional right to hold public office, rendering the law unconstitutional.

In his post, Senior Prosecutor Kang stated, "The controversy over the establishment of the Police Bureau under the Ministry of the Interior and Safety is leading to calls for the abolition of the Police University," and added, "Seeing the pros and cons published in the media, I would like to introduce some parts of the materials I wrote in the 2009 research report." He attached the 13-page A4 research report to the post.

In the attached report, Senior Prosecutor Kang noted, "The Police University was established in the early 1980s, a time when there were almost no college graduates among patrol officer entrants and only Dongguk University had a police administration department. Under the pretext of attracting excellent personnel, it was established with enormous privileges such as full tuition covered by the government, free dormitory, living expenses, military service substitution, and automatic appointment as lieutenant upon graduation."

He argued, "However, as of 2009, over 90% of patrol officer entrants are college graduates, and there are more than 88 police-related departments. Therefore, the policy necessity to provide various privileges funded by taxpayers to recruit police officers no longer exists."

According to statistics from the Korea Educational Development Institute, as of April 1, 2009, there were 59 four-year university police administration departments, 5 three-year junior colleges, and 24 two-year junior colleges.

He stated, "The Police University started with privileges that contradict the fundamental values of a democratic country. It has been pointed out as the biggest problem in the police organization due to the formation of a small elite group of Police University graduates, internal discord caused by inequality among police officers, and controversies over unconstitutional privileges."

He continued, "Moreover, during the police reform process, the power and influence of Police University graduates have acted as negative factors that hinder police civilianization, police policies that avoid waste of taxpayers' money, and policy development reflecting the views of non-executive police officers. From an organizational management perspective, it is time to discuss the existence or abolition of the Police University."

Senior Prosecutor Kang emphasized, "Above all, Article 8 of the Police University Establishment Act, which automatically appoints Police University students as lieutenants upon graduation, is an unreasonable discrimination against police officer candidates who try to be appointed as lieutenants through exams or sergeants seeking promotion to lieutenant, and has a high possibility of being unconstitutional."

15 Years and 6 Months Needed for Promotion from Patrol Officer to Lieutenant... Discrimination Against Police Officer Candidates

He introduced Article 16 (Seniority Promotion) Paragraph 1 of the Police Officers Act, which regulates the length of service required for promotion within the police, stating, "The most common entry route into the police is starting as a patrol officer. Currently, it takes 15 years and 6 months to be promoted to lieutenant through seniority promotion, and many retire without ever being promoted to the executive rank of lieutenant despite lifelong service."

He added, "This phenomenon results from Police University graduates being automatically appointed as lieutenants every year, reducing the opportunities for lower-ranking police officers who entered as patrol officers to be promoted to lieutenant, and sequentially decreasing promotion opportunities beyond lieutenant."

According to the Police Officers Act, to be promoted by seniority: ▲a patrol officer must serve at least 4 years in the rank to be promoted to corporal, ▲a corporal must serve at least 5 years to be promoted to sergeant, and ▲a sergeant must serve at least 6 years and 6 months to be promoted to lieutenant.

Senior Prosecutor Kang argued, "Police University graduates receive free education, accommodation, and living expenses for four years, and upon graduation, are automatically appointed as lieutenants. In contrast, police officer candidates are appointed after passing exams on criminal law, criminal procedure law, investigation studies, etc., which require university-level courses, and after completing a one-year training course at the Police Training Institute, they are appointed as lieutenants. This discrimination between police officer candidates and Police University graduates violates the right to equality."

He said, "We should consider who has a better understanding of overall police work and practical sense, and who is more capable of fulfilling the role of a police executive: a police officer with over 10 years of frontline experience who entered as a patrol officer, or a 20-something graduate from the Police University."

He added, "Furthermore, this inequality is determined solely by a few points difference in the College Scholastic Ability Test (CSAT) scores, deciding whether one enters the Police University or a general university. Police ability and qualifications cannot be verified solely by CSAT scores, and such excessive discrimination in police recruitment and promotion cannot be justified."

As of June this year, the proportion of Police University graduates by rank is ▲3 out of 7 (43%) at the Senior Superintendent General level, ▲25 out of 34 (73.5%) at the Superintendent General level, ▲59 out of 80 (73.8%) at the Senior Superintendent level, and ▲381 out of 632 (60.3%) at the Superintendent level. Among the total 132,421 police officers, only 2.5% (3,249) are Police University graduates, yet their presence in senior police executive positions is remarkably high.

The Military and Police Are Different... "Should Not Compare Police University Graduates' Appointment as Lieutenants with Military Academy Graduates' Officer Commissions"

Senior Prosecutor Kang pointed out that those advocating for the retention of the Police University err in comparing Police University graduates' automatic appointment as lieutenants with military academy graduates' commissioning as officers upon graduation.

He said, "Proponents of retaining the Police University cite that military academy graduates are commissioned as officers immediately upon graduation, but the military and police fundamentally differ in many aspects."

Senior Prosecutor Kang emphasized, "First, under the principle of universal conscription, the majority of military personnel are enlisted soldiers who must serve a mandatory period regardless of their will. To conduct systematic strategies and tactics during wartime or national crises, it is necessary to have officer ranks even during peacetime to clarify the command chain."

He continued, "However, the police are professional public officials who choose the police profession as a lifelong career. It is natural for lower-ranking police officers to be promoted to executives through exams or competition. Police administration goals can be sufficiently achieved through education of selected police officers. Therefore, it is difficult to justify selecting a certain number of people based on CSAT scores and providing enormous taxpayer-funded privileges to train police executives."

He pointed out, "Police University students enjoy privileges such as free education and allowances during their studies and automatic appointment as lieutenants upon graduation, guaranteeing rapid promotion opportunities. These are privileges rarely found anywhere else in society and excessively infringe on citizens' rights to equality and holding public office."

He emphasized, "Therefore, considering these reasons, the Police University Establishment Act has a high possibility of being unconstitutional, and especially Article 8, which states 'Police University graduates shall be appointed as lieutenants under the Police Officers Act,' is clearly unconstitutional."

Constitutional Court Decisions on Abolition of Tax College and Priority Hiring at National Public Teachers' Colleges Cited

Senior Prosecutor Kang introduced Constitutional Court decisions related to the Tax College and national public teachers' colleges, which are similar cases, as grounds for abolishing the Police University in the changed social environment since its establishment.

In 2001, the Constitutional Court dismissed a constitutional complaint against the Tax College Establishment Act abolition law, rejecting claims by Tax College students and leave-of-absence students that it violated academic freedom and the principle of protecting trust, ruling the law constitutional.

The Tax College Establishment Act stipulated that graduates who completed the two-year education period were all specially hired as grade 8 public officials. The Constitutional Court pointed out that the educational environment had significantly changed since the Tax College's establishment and judged that the legislative purpose of abolishing the Tax College was constitutionally justified.

Additionally, in 1990, the Constitutional Court ruled unconstitutional Article 11 Paragraph 1 of the Education Officials Act, which stipulated priority hiring of graduates from national public teachers' colleges and teachers' colleges when recruiting new teachers.

Senior Prosecutor Kang concluded the report by stating, "Institutions such as the Korea Advanced Institute of Science and Technology (KAIST), Tax College, and Teachers' College, established during the Fifth Republic, have changed with the times: KAIST was incorporated into the KAIST bachelor's program, the Tax College was abolished, and the Teachers' College lost its initial privileges. However, only the Police University continues to maintain its privileges, which contain many unconstitutional elements infringing on the constitutional rights to equality and holding public office."

He also pointed out, "The primary victims of the Police University are lower-ranking police officers whose promotion opportunities are blocked due to the monopoly of executives from the Police University; the secondary victims are police exam candidates from police administration departments; and the tertiary victims are the public, whose quality of public safety services declines due to lowered morale among non-Police University police officers."

Finally, Senior Prosecutor Kang said, "Over the past 40 years since the Police University's establishment, excellent personnel have been trained as police executives, playing a positive role. However, the formation of a small elite group of Police University graduates, internal discord caused by personnel inequality, and lowered morale among lower-ranking police officers are major problems. Established during the military government era and causing various controversies over privileges, the Police University has lost its basis for existence due to changes in the times. Above all, it has a high possibility of being unconstitutional by infringing on the rights to equality and holding public office, so its abolition should be considered."

Greatest Beneficiaries of Police University Graduates Due to Rushed Legislation by the Democratic Party... "Issue of Special Treatment for Police University Graduates Who Attended Law School"

In a phone interview with Asia Economy, Senior Prosecutor Kang said, "As you know, due to the rushed revision of the Criminal Procedure Act under the previous government, there is now a gap in investigative command. The Police University graduates are leading this situation."

He pointed out, "In practice, prosecutors' investigative command has been excluded, and the police monopolize information, security, and investigations. The opposition to the establishment of the Police Bureau is ultimately about Police University graduates not wanting to give up their privileges. In reality, Police University graduates exercise authority exceeding that of prosecutors."

Regarding the discussion on abolishing the Police University, he said, "This issue should have been discussed constitutionally earlier, but the reason no constitutional complaint was filed is due to standing issues. Those who want to become police officers should file the complaint, but it is like putting a bell on a cat's neck for someone aspiring to be a police officer to sue the police."

He also raised concerns about the increasing number of Police University graduates who, after receiving state-funded support, enter law school.

According to data confirmed through an information disclosure request by a civic group, 196 Police University graduates are currently enrolled or on leave at 25 law schools nationwide.

Senior Prosecutor Kang said, "The biggest problem nowadays is that many Police University graduates are entering law school," adding, "Even if they do not complete their mandatory service period, the amount of money they have to repay is not significant."

He continued, "Therefore, about 200 million won per person over four years of state funding is spent, and those who studied with taxpayers' money graduate from law school and work as lawyers."

Senior Prosecutor Kang said, "Moreover, after the adjustment of investigative authority, the value of Police University graduates has skyrocketed. Now, the problem is not the special treatment of former prosecutors but the special treatment of police. The biggest beneficiaries of the rushed criminal law revision by the Democratic Party are Police University graduates, and they do not want to give up their privileges."

He added, "The police have been advocating for investigative independence but are now demanding police independence. There is no country in the world where the police are independent."

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