국민권익위원회의 독립성과 정치적 중립성

Abstract

In the summer of 2023, interest in independent administrative agencies such as the National Election Commission and the Board of Audit and Inspection, as well as legal agencies such as the Anti-Corruption and Civil Rights Commission and the Korea Communications Commission, was hotter than ever in Korea. The Anti-Corruption and Civil Rights Commission is an independent administrative agency under the Act on the Establishment and Operation of Anti-Corruption and Civil Rights Commission (hereinafter referred to as the Anti-Corruption and Civil Rights Commission Act) launched on February 29, 2008 by integrating three organizations: the National Complaint Handling Commission, the National Integrity Commission, and the Prime Minister's Administrative Appeals Commission. The Anti-Corruption and Civil Rights Commission requires fairness in its work because it not only has a quasi-judicial nature for the ruling function related to administrative trials, but also monitors and checks administrative power for grievance complaints and prevention of corruption. In addition, independence is required in that the relief function is carried out within the administration, which is an organization in the hierarchy, so it should not be pressured by higher institutions or other state agencies. When overcoming these inherent limitations and reviewing the status and functions of the Anti-Corruption and Civil Rights Commission, the most desirable form is the Anti- Corruption and Civil Rights Commission as an independent organization dedicated to corruption that is separated by function and focuses on the current anti-corruption function. In reality, however, whether the Anti-Corruption and Civil Rights Commission's independence is guaranteed is controversial. And most of these controversies are seen as inherent limitations stemming from the integration between institutions that cannot achieve functional integration. The reorganization of the government is to make conscious changes to the government's organizational structure. In such a government reorganization, various circumstances such as the purpose and procedure of the system, organization, operation, and complementarity should be comprehensively considered, and it should be designed as an appropriate organizational form for performing future-oriented tasks. I think the reorganization on the premise of this is the way to ensure the independence required by the institution.