Transfer of Officials Without Consent Violates Constitution

Assigning public servants to other places without their consent infringes upon the right to seek happiness and the freedom to select a job as guaranteed under the constitution, the National Human Rights Commission of Korea(NHRC) ruled yesterday. It also recommended revising relevant regulations to the Minister of the Daegu Provincial Government Ward.

In response to a complaint filed in May by an official of Taegu Junggu Ward Office identified only as Byon (46), the NHRC ruled that Provincial governments should get approval from their staff before assigning them to other places of work.

According to the investigation of the NHRC, the Daegu Junggu Ward Office reached a consensus with the Daegu Seogu Ward Office for his transfer to the Seogu on May 12 but did not get approval from Byon.

The NHRC ruled that it violates Article 10 and 15, respectively, the right to right to seek happiness and the freedom to select a job as the local government forced him to change his post without his consent.

The Daegu Ward Office defended saying, it was not `reassignment` as stipulated in the Article 29 of the local government official law but `exchange of local staff` between local government bodies as stated in the Article 30 of the same law, and thus does not required Byon`s consent.

The NHRC, however, ruled that it violated regulations of the personnel exchange of the Daegu Ward Office and as it did not properly carried out exchange procedures according to the regulations.

The commission recommended that the Ministry of Government Administration and Home Affairs (MGAHA) revise the Article 29 and 30 of the local government official to prevent from possible disputes over the ambiguity of these articles or to clarify the criteria of the ministry to each local body.

˝We respect the recommendation of the commission and will make efforts in revising ambiguous regulations or practices in personnel matters,˝ said Yim Chae-ho, the manager of the Local Government Administration Division of the MGAHA.

In-Jik Cho cij1999@donga.com