Constitutional Court Dismisses Jurisdiction Dispute Over 'Police Command Rules' Basis for Establishing Police Bureau

Constitutional Court: "National Police Commission is not a state agency... Cannot be a party in jurisdictional disputes"

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and other justices entered the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 22nd and took their seats.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court dismissed the competence dispute trial filed by the National Police Commission against Minister Lee Sang-min regarding the 'Police Command Rules,' which served as the basis for the Ministry of the Interior and Safety's establishment of the Police Bureau. Dismissal refers to a ruling made without examining the merits when a lawsuit does not meet legal requirements.

On the 22nd, the Constitutional Court unanimously decided to dismiss the competence dispute trial filed by the National Police Commission against the Minister of the Interior and Safety.

The issue in this case was whether the 'Rules on the Command of Affiliated Chiefs by the Minister of the Interior and Safety (Ministry of the Interior and Safety Ordinance),' enacted on August 2 this year, infringed upon the authority of the National Police Commission.

Consisting of five articles, these rules stipulate that the Commissioner of the National Police Agency and the Commissioner of the Fire Agency must obtain prior approval from the minister for matters related to the establishment of basic plans requiring the enactment or revision of laws. Additionally, the implementation results of important policies and plans, agenda items submitted to the State Council, significant budget-related matters, and responses received after legal inquiries must be reported to the minister.

In response, the National Police Commission argued that major policies related to police affairs must undergo deliberation and resolution by the National Police Commission pursuant to Article 10, Paragraph 1 of the National Police Agency Act, but the Ministry of the Interior and Safety unilaterally enacted the rules, rendering them invalid, and thus filed a competence dispute trial with the Constitutional Court.

On the other hand, Minister Lee countered, stating, "The Police Command Rules merely regulate the work procedures between the Ministry of the Interior and Safety and the police," and "They are not subject to deliberation and resolution by the National Police Commission."

The Constitutional Court held that the National Police Commission does not qualify as a 'state agency' that can be a party to a competence dispute trial, and therefore, the competence dispute trial itself is not valid.

The Court stated, "The National Police Commission, established by the Police Act enacted by the National Assembly, cannot be considered a state agency established by the Constitution," and "Whether to adopt the National Police Commission system is a legislative policy decision related to the actual security conditions in our country and the necessity of democratic control over police authority."

Furthermore, the Court ruled, "It is reasonable to recognize the capacity to be a party in a competence dispute trial only for state agencies established by the Constitution; therefore, the National Police Commission established by law is not recognized as having the capacity to be a party in a competence dispute trial."

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