국가인권위원회의 독립성과 직제령 개정의 문제

Abstract

The Ministry of Public Administration and Security (‘MOPAS’) pushed restructuring of National Human Rights Commission of Korea(‘NHRCK’) and reduced 21.2% of its staff through amending the Chief Commissionerial Decree(Presidential Decree) on the reorganization of the NHRCK. This essay, however, contends that the law-making process of the Decree is against the NHRCK Act, the higher law. Indeed, Article 18 of the Act prescribes, “Except as provided by this Act, matters necessary for the organization of the Commission shall be prescribed by Chief Commissionerial Decree.” But Article 6, Section 4 of the Act prescribes, “The Chief Commissioner of the Commission may attend the State Council, present his/her opinion, and recommend that the Prime Minister introduce bills on matters falling under the mandate of the Commission (including the draft of the Chief Commissionerial Decree regarding the enforcement of this Act).” Moreover, Article 3, Section 2 prescribes, “The Commission independently addresses matters which fall within the purview of its authority.” The MOPAS’ arbitrary and oppressive management is an encroachment on the NHRCK’s initiative for its organizing power as well as a violation of the principle of NHRCK’s independence from the administrative power.