"Preferential Hiring" Election Commission: "Audit by Board of Audit and Inspection Not Permissible Under Public Officials Act"

Audit Office Launches Investigation into 'Special Favor Hiring'
Election Commission Refuses: "Will Not Accept"
"Investigation or Prosecution by Anti-Corruption Agency Possible"

The National Election Commission (NEC) is taking the position that it cannot be audited by the Board of Audit and Inspection (BAI) regarding allegations of preferential hiring of senior officials' children. They argue that personnel-related audits should follow the NEC's own investigation based on regulations such as the National Public Service Act.

On the 1st, an NEC official explained, "According to the National Public Service Act, personnel-related audits are to be conducted by the Secretary-General under the direction of the Chairperson," adding, "If there is a legal basis, it is natural to undergo an audit, but according to the National Public Service Act, an audit by the BAI is not applicable."

The NEC maintains that it cannot be audited by the BAI regarding personnel matters. The BAI, in a press release the previous day, stated that it would "conduct a thorough inspection of the legality and preferential treatment in overall personnel management, including hiring and promotion, related to the NEC's preferential hiring allegations," and that it "will immediately collect data from the Central NEC and various levels of NECs and related institutions, organize the collected data, and commence the main audit."

[Image source=Yonhap News]

The regulation cited by the NEC is Article 17, Paragraph 2 of the National Public Service Act. This provision states, "Audits of personnel affairs of public officials belonging to the National Assembly, the judiciary, the Constitutional Court, and the Election Commission shall be conducted by the Secretary-General of the National Assembly, the Director of the Court Administration, the Secretary-General of the Constitutional Court, and the Secretary-General of the Central Election Commission, respectively, under the direction of the Speaker of the National Assembly, the Chief Justice, the President of the Constitutional Court, or the Chairperson of the Central Election Commission."

Regarding this, the NEC stated, "Investigations by the Anti-Corruption and Civil Rights Commission or investigations by investigative agencies are not affected, but in terms of personnel audits, due to the provisions of the National Public Service Act, the NEC cannot be subject to such audits."

Previously, the NEC had opposed a BAI audit concerning the poorly managed Sokuri voting during last year's presidential election. At that time, the NEC argued, "As the NEC is an independent constitutional organization, it is difficult to be subject to the BAI's job inspection," and resisted. Ultimately, no audit was conducted regarding the Sokuri voting, and the NEC resolved the matter by notifying the BAI of its own audit results.

In this context, Kim Ki-hyun, leader of the People Power Party, criticized at a meeting with reporters, saying, "If it is an inherent task related to election management, political neutrality and independence should be respected, but if the NEC acts as if it is an institution above the Constitution regarding general administrative affairs such as employment inheritance, it is unacceptable."

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