Constitutional Court effectively backs reform to bring election body under audit oversight

The National Election Commission headquarters in Gwacheon, Gyeonggi Province. [Yonhap]

The Constitutional Court has effectively signaled support for a constitutional amendment that would bring the National Election Commission under the Board of Audit and Inspection's oversight authority — a reform that gained momentum after a ballot shortage marred the June 3 local elections.

The court said it "deeply sympathizes with the intent" of such a change in a written response to a query submitted through Rep. Kim Han-gyu of the Democratic Party of Korea, a member of the National Assembly's Legislation and Judiciary Committee, on Friday.

In its response, the court cited a jurisdictional dispute ruling it handed down in February last year involving the NEC and the Board of Audit and Inspection. That case stemmed from allegations in 2023 that senior NEC officials had given preferential treatment in hiring to their children and relatives. After the board launched a special audit of the NEC, the commission filed a jurisdictional dispute claim, and the court ruled that the board's operational inspection had infringed on the NEC's authority to carry out its duties independently.

The court said in its response: "In the jurisdictional dispute case between the NEC and the Board of Audit and Inspection on Feb. 27, 2025, the Constitutional Court ruled that 'it is reasonable to conclude that the NEC, established as an independent constitutional body, is not subject to the board's operational inspection under Article 97 of the Constitution.' In connection with this ruling, discussions on a constitutional amendment to include the NEC as a subject of the board's operational inspection have recently been raised."

The court added that it "deeply sympathizes with the intent that a system must be established to faithfully guarantee the exercise of citizens' right to political participation, as that right is a symbol of popular sovereignty and one of the most fundamental rights in a democratic society."

The statement amounts to an effective endorsement of the proposed constitutional amendment, even though the court itself ruled — under the current Constitution — that the board's operational inspection of the NEC constituted an infringement of authority.

The court also said that "since the independence and neutrality of the NEC are core values of democratic election administration, any constitutional amendment discussion related to this matter should be decided carefully, based on national consensus among the sovereign people and through sufficient legislative and political deliberation in the National Assembly."

Rep. Song Gi-heon, head of the Democratic Party of Korea's TF to protect citizens' right to political participation through NEC reform, speaks at the TF's sixth meeting at the National Assembly in Yeouido, Seoul, on June 26. [Yonhap]

The Board of Audit and Inspection launched an accounting audit of the NEC and the Seoul Metropolitan Election Commission on July 6. With the court's earlier ruling barring the board from conducting an operational inspection of the NEC, the accounting audit is intended to examine election management failures — including the ballot shortage during the June 3 local elections — through a financial lens. The board also included election management budget planning and execution as an audit target in its second-half 2026 audit plan, announced Monday.

Critics argue, however, that such measures alone are insufficient to identify the NEC's structural problems. In political and legal circles, calls have repeatedly been raised for a constitutional amendment to introduce separate checks — including operational inspections by the board — given that the NEC is an independent body enshrined in the Constitution.

The ruling party has pledged to pursue a constitutional amendment that would subject the NEC to the board's operational inspection authority. Rep. Song Gi-heon, head of the Democratic Party's TF to protect citizens' right to political participation through NEC reform, announced a package of NEC reform proposals at the TF's sixth meeting at the National Assembly in Yeouido, Seoul, on June 26, saying the party would "push for a Board of Audit and Inspection audit of the NEC to secure transparency across the commission's overall fiscal operations."

President Lee Jae Myung had also previously raised the prospect of a constitutional amendment to reform the NEC. At a Cheong Wa Dae briefing on June 19, while addressing the ballot shortage during the June 3 local elections, Lee stressed that the NEC required "fundamental reform."

Lee said that "because the Constitution so clearly designates the NEC as an independent body, there is a high likelihood that any law or system designed to monitor, control, or check it would be struck down as unconstitutional," adding that "if the ruling and opposition parties can reach an agreement, I think we should consider at least a single-point constitutional amendment concerning the NEC." He also raised the possibility of initiating the amendment himself, saying "even if it comes to the president submitting the proposal, if necessary."

On a separate question about whether the NEC chairperson's position should be made full-time — another reform proposal under discussion — the court said it was "well aware that a special parliamentary investigation committee on the June 3 local elections and election administration has been formed, and that discussions on NEC reform are under way," but asked for understanding that "as a body that exercises retrospective and concrete normative control, it is not appropriate for the Constitutional Court to express opinions on the operational methods of other constitutional bodies."

yg@heraldcorp.com