National Police Commission "Respect Constitutional Court's Decision... No Change in Position on Authority Infringement"

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and other justices entered and took their seats in the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 22nd. On this day, the Constitutional Court dismissed the constitutional dispute trial filed by the National Police Commission against Minister Lee Sang-min of the Ministry of the Interior and Safety regarding the "Police Command Rules," which served as the basis for the establishment of the Police Bureau by the Ministry of the Interior and Safety. [Image source=Yonhap News]

[Asia Economy Reporter Seongpil Cho] The National Police Commission stated that it respects the Constitutional Court's ruling on the request for adjudication on the dispute of authority. However, it emphasized that its position on the infringement of authority remains unchanged.

On the 22nd, the Police Commission expressed regret over the Constitutional Court's dismissal of the adjudication on the dispute of authority, saying, "We find it very unfortunate and regrettable." It added, "Our previous stance that the Ministry of the Interior and Safety Minister's directive rules for affiliated chiefs infringed upon the Police Commission's authority to deliberate and resolve remains unchanged." The Police Commission also stated, "We will continue to do our best to ensure the neutrality, democracy, and fairness of the police."

Earlier, in September, the Police Commission filed a petition with the Constitutional Court seeking confirmation of authority infringement and invalidity regarding the Ministry of the Interior and Safety Minister's directive rules for affiliated chiefs. These directive rules specify the Minister's authority to direct the Commissioner General of the National Police Agency and require the Minister to receive reports and approve important police policies. They came into effect on August 2. At that time, the Police Commission argued that the rules were established without deliberation and resolution, thereby infringing on the Commission's authority.

However, the Constitutional Court unanimously dismissed the Police Commission's adjudication on the dispute of authority. This means the petition itself was deemed inappropriate, and no trial or hearing was necessary. The Court stated, "It is reasonable to recognize the capacity to be a party in adjudication on disputes of authority only for state institutions established by the Constitution," and "The Police Commission, established under the Police Act enacted by the National Assembly, does not have the capacity to be a party."

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