Constitutional Court: "Election Commission Not Subject to Board of Audit and Inspection's Duty Inspection"

Unanimous Decision by Justices on Infringement of Authority
Ruling: It Is Unconstitutional for the Board of Audit and Inspection, an Executive Branch Body,
to Audit the National Election Commission, an Independent Constitutional Institution
"The Election Commission Must Eliminate Concerns of Wrongdoing
Through Its Own Internal Audits"

The Constitutional Court has ruled that the Board of Election Commission's independence was violated by the Board of Audit and Inspection's (BAI) performance audit. The Election Commission filed a dispute over authority, arguing that the BAI's performance audit on recruitment and personnel management conducted from June 2023 to February 2025 infringed upon the Commission's constitutionally and legally granted authority.

Acting Chief Justice Moon Hyung-bae and constitutional justices are attending a case related to the dispute over the appointment suspension of candidate Ma Eun-hyuk, filed by Woo Won-shik, Speaker of the National Assembly, against Choi Sang-mok, Acting Prime Minister and Minister of Strategy and Finance, at the Constitutional Court in Jongno-gu, Seoul on February 27, 2025. Photo by Yoon Dong-joo

On the 27th, the Constitutional Court unanimously accepted the Election Commission's dispute over authority claim against the BAI. The Court stated, "Under the Constitution and the Board of Audit and Inspection Act, the respondent does not have the authority to conduct a performance audit over the petitioner," and judged that "this performance audit was conducted without constitutional or legal authority and infringed upon the petitioner's independent exercise of duties granted by the Constitution and the Election Commission Act."

In particular, the Court noted, "Considering the intent of the constitutional amendment authority that established the Election Commission as an independent constitutional institution, along with Article 97 of the Constitution and the constitutional framework, conducting a performance audit on an independent constitutional institution like the Election Commission is not permissible."

However, the Court emphasized that exclusion of the Election Commission from the BAI's audit scope should not be misconstrued as granting it immunity. The Court stated, "The fact that the petitioner is excluded from the respondent's performance audit scope should not be misinterpreted as recognizing a sanctuary for corrupt acts," and added, "The petitioner must make efforts to dispel concerns regarding its own internal audits."

Earlier, in May 2023, after allegations arose that children of senior officials such as former Secretary-General Park Chan-jin and former Deputy Secretary Song Bong-seop received preferential treatment during the recruitment of experienced personnel, the Election Commission conducted an internal audit and subsequently referred the matter to the police. While the Commission announced its willingness to cooperate sincerely with the National Assembly's state audit and the Anti-Corruption and Civil Rights Commission's investigation regarding the allegations, it expressed refusal toward the BAI's performance audit.

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