'The already tattered personnel system has broken down'

People Power Party lawmaker Ahn Cheol-soo [Yonhap]
People Power Party lawmaker Ahn Cheol-soo [Yonhap]

People Power Party lawmaker Ahn Cheol-soo said Tuesday that President Lee Jae Myung's reported order to conduct additional vetting of attorney Kim Ji-yong, nominated as head of the Serious Crimes Investigation Agency, constituted "a clear abuse of power."

Writing on his Facebook page Tuesday, Ahn said: "On what grounds does the president order a background investigation into a candidate who has already gone through a screening by the recommendation committee and a ministerial nomination? Nowhere in the law establishing the agency does the president have the authority to halt a candidate who has cleared the committee's review and the Ministry of Interior and Safety minister's nomination under the pretext of vetting."

Ahn explained the legal process: under current law, once the recommendation committee screens candidates and puts forward at least three names, the minister of interior and safety nominates one, who then goes through a National Assembly confirmation hearing before the president makes the appointment. The committee dissolves immediately after completing its recommendations. "This procedure closely mirrors that for Supreme Court justices," he said, "because the nature of the agency chief's duties requires independence from political power."

Ahn said Lee had blocked the appointment process without citing any legal basis or reason. He argued that after the ruling Democratic Party of Korea raised objections to nominee Kim — over his stance on preserving prosecutors' supplementary investigative authority and his record of defying orders from a minister seen as close to the administration — the presidential office reversed its earlier endorsement of a candidate it had called "the right person for the job."

"The vetting was already completed at the recommendation committee stage and concluded with the nomination," Ahn said. "Can the president simply order a background check on a candidate just because he is displeased? If that is permitted, the president would have the power to indefinitely reject the committee's nominees under the guise of 'vetting' until someone to his liking emerges."

Ahn also drew a parallel to what he described as Lee's earlier refusal to accept Supreme Court Chief Justice Jo Hee-de's nomination and demand for a re-nomination. "The president's order for re-vetting has no basis in law, falls outside his authority, and is a clear abuse of power," he said.

He added: "Seeing the presidential office simply echo the president's instructions, it seems certain that the already tattered personnel system has completely broken down."


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