Current system's failure to check election commission put under scrutiny
Both camps push to boost capacity, strengthen oversight
Constitutional revision backed in principle, but approaches differ
Amid a ballot shortage that deprived voters of their right to vote during the June 3 local elections, the ruling and opposition parties are speaking with one voice: the National Election Commission needs a sweeping overhaul.
Both camps have begun reviewing concrete institutional reforms aimed at boosting the NEC's operational capacity and tightening oversight — and both say they are willing to pursue a targeted constitutional revision limited to NEC-related provisions if necessary. They diverge, however, on whether to keep the current structure with partial reforms or dismantle the commission entirely.
According to political circles Saturday, the Democratic Party recently launched an Election System Reform Task Force chaired by Rep. Song Ki-heon. The task force plans to hold a second meeting Monday to sketch out a reform proposal, followed by a related forum on Tuesday.
The People Power Party is also set to form its own task force to review amendments to existing law. Rep. Na Kyung-won is expected to chair the PPP panel.
The central focus of both parties' reviews is addressing the NEC's demonstrated incompetence during the ballot shortage and raising its operational standards. The commission was aware of a potential shortage from the morning of election day yet took no action — a failure attributed to a breakdown in command from senior committees as well as inadequate reporting procedures. Calls have grown louder for the NEC to improve both its efficiency and professional expertise.
Within the Democratic Party, one proposal under discussion is increasing the number of standing commissioners to strengthen accountability. Currently only one standing commissioner exists; the party argues that number should be raised, and that the NEC chairperson — currently a Supreme Court justice serving in a non-standing, concurrent capacity — should be converted to a full-time standing post. Some have also suggested restructuring the commission along the lines of the National Human Rights Commission of Korea, which comprises 11 members: a chairperson, three standing commissioners and seven non-standing commissioners.
Independent lawmaker Han Dong-hoon has already introduced a bill to convert the NEC chairperson from the current non-standing, concurrent Supreme Court justice role into a full-time, accountable position.
Lawmakers also say legislation is needed to strengthen personnel management and training systems for NEC staff. Particularly gaining traction is the argument that a dedicated oversight mechanism for the NEC must be established. Options discussed within the ruling camp include creating a body solely to monitor the NEC, or establishing an independent audit body within the commission itself.
The PPP has already moved on this front. Rep. Yoo Yong-won submitted a bill to amend the NEC Act that would place an inspector general at the NEC and require an annual audit report to be submitted to the National Assembly before the opening of each regular session. Han Dong-hoon has also announced plans to introduce a bill enabling the Board of Audit and Inspection to conduct operational audits of the NEC.
Both parties agree that reforming the NEC will require a constitutional revision, given that the commission is an independent body whose composition and functions are spelled out in the Constitution. The Constitution fixes the number of NEC commissioners at nine — three appointed by the president, three elected by the National Assembly and three nominated by the chief justice of the Supreme Court — and restricts grounds for their removal from office. Adjusting the size of the commission or expanding the grounds for removal to strengthen accountability would therefore require amending the Constitution.
Constitutional revision may also be needed to strengthen audit functions, as the current Constitution contains no provisions relating to auditing the NEC. Last year, the Constitutional Court ruled that the NEC falls outside the scope of the Board of Audit and Inspection's operational oversight authority. The court found that subjecting the NEC to such oversight would run counter to the intent of the framers, who designated the commission as an independent constitutional body to insulate it from presidential and other political influence.
The prevailing view in political circles is therefore that any constitutional revision must include language explicitly authorizing audits of the NEC. The two parties differ, however, on the specifics.
The Democratic Party wants constitutional revision that preserves the spirit of NEC independence enshrined in the current charter, while the PPP is focused on dissolving the commission altogether.
A senior Democratic Party floor official said making the NEC non-permanent would only worsen its competence problems. "What is needed is a fundamental reform — a reset of its authority and an organizational restructuring," the official said.
PPP chief spokesperson Park Sung-hoon said Thursday that dissolution is what many citizens want. "Ultimately, this is an issue that needs to be discussed in tandem with constitutional revision," he said.
carrier@heraldcorp.com
