The Constitutional Court has ruled that the Board of Election Commission's (Election Commission) audit by the Board of Audit and Inspection regarding allegations of preferential hiring of former and current senior officials' children violated the Election Commission's independent authority to perform its duties.
On the 27th, during the ruling date of the authority dispute trial that the Election Commission filed against the Board of Audit and Inspection, the Constitutional Court stated, "The audit conducted by the Board of Audit and Inspection regarding the 'Recruitment and Personnel Management Status of the Election Commission' from June 1, 2023, to February 25, 2025, violated the Election Commission's authority to perform its independent duties granted by the Constitution and the Election Commission Act." This decision was unanimous among all judges.
An authority dispute trial is a system in which the Constitutional Court makes judgments on the scope or conflict of authority among national institutions and local governments.
Allegations that the children of four former and current senior officials of the Election Commission received preferential treatment during the recruitment process emerged in May 2023. In response, the Election Commission announced that it would refer the allegations for investigation and prepare measures to prevent recurrence. Consequently, the Board of Audit and Inspection informed the Election Commission of its plan to initiate an audit.
Following this, a dispute arose between the Election Commission and the Board of Audit and Inspection. In July 2023, the Election Commission filed a petition with the Constitutional Court, stating, "The audit by the Board of Audit and Inspection exceeds its authority and poses a significant risk of violating the Election Commission's independent ability to perform its duties, which is guaranteed by the Constitution and the Election Commission Act." Conversely, the Board of Audit and Inspection argued, "There is no concern that the audit would limit policy judgments related to personnel recruitment at the Election Commission or constrain hiring authority, and the risk of violation of the Election Commission's authority is not recognized.
In this regard, the Constitutional Court determined based on the interpretation of the Constitution and the Board of Audit and Inspection Act that the Board of Audit and Inspection is not granted audit authority over the Election Commission. The court stated, "When the audit of the Board of Audit and Inspection is carried out on general administrative matters such as personnel, hiring, and organizational management, there can be extensive demands for submission regarding election management materials during the audit process, and it is difficult to consider that the impact on the neutrality and independence of the Election Commission is limited."
However, the Constitutional Court noted, "The exclusion of the Board of Audit and Inspection's audit of the Election Commission should not be construed as an acknowledgment of immunity regarding corrupt practices." It went on to state, "Even if the Election Commission is not included in the audit targets of the Board of Audit and Inspection, this does not preclude external oversight by the National Assembly through state investigations and audits or by investigative agencies."