The Constitutional Court has determined that the Board of Audit and Inspection’s (BAI) audit over the National Election Commission (NEC) regarding employment and human resource management practices infringed on the NEC’s independence. On the 27th, the Constitutional Court unanimously ruled in favor of the NEC in its authority dispute claim against the BAI. The court stated, “Allowing the BAI, which is organized under the President, to conduct audits and inspections on the NEC under the current constitutional framework poses a risk of undermining public trust in the NEC’s fairness and neutrality. This contradicts the intent of the constitutional amendment, which established the NEC as an independent constitutional body to institutionally block influence from the President.”
Previously, the NEC had filed an authority dispute claim with the Constitutional Court, asserting that the BAI’s performance inspection of the NEC from June 2023 to February 2025 concerning employment and human resource management practices infringed on the NEC’s constitutional and legal powers. In May 2023, the NEC conducted its own audit and requested a police investigation after allegations emerged that children of high-ranking officials, including former Secretary-General Park Chan-jin and former Deputy Secretary-General Song Bong-seop, received preferential treatment in the hiring process for experienced positions.
At the time, the NEC announced that it would cooperate with the National Assembly’s investigation, the Anti-Corruption and Civil Rights Commission investigation, and the law enforcement authorities, but refused to comply with the BAI’s audit.