국민권익위원회의 역할과 구성에 관한 연구 ― 독립행정기관으로서의 위상을 중심으로 ―

The Anti-Corruption and Civil Rights Commission is an institution that performs all the functions of the Ombudsman of Korea, the Korea Independent Commission Against Corruption, and the Administrative Appeals Commission under the Prime Minister, and it was established by integrating these three committees. Since the three institutions that played different roles were combined into one, there must have been a reason for initially supporting such a change, but some point out that integration needs to be reconsidered to improve the system. The Anti-Corruption and Civil Rights Commission is a type of institution that can be reviewed in the context of discussions on so-called independent administrative agencies, unlike conventional government agencies, the National Assembly, and courts. In order for the Anti-Corruption and Civil Rights Commission to properly realize the significance established by the integration of the three institutions, it must effectively establish an institutional identity that meets the purpose of its establishment, and although it may not be easy, it is achievable. When that happens, it will have substance appropriate to its character and status as an independent administrative agency. This is expected to enable it to successfully protect the rights and interests of the people and prevent corruption. In order for the Anti-Corruption and Civil Rights Commission to carry out its administrative affairs in a neutral manner, it is necessary to consider its legal status and composition. Given the necessity and active nature of anti-corruption policies at the national level, it would be desirable for the Anti-Corruption and Civil Rights Commission to belong to the president but to have an independent position in executing duties. It is also vital to enhance democratic legitimacy and prevent possible despotism in exercising its authority by allowing the involvement of other state agencies, including the National Assembly, rather than leaving the composition of the Commission to the president's independent judgment. Discussions on independent administrative agencies may vary widely depending on the circumstances and experiences of each country, so when referring to related systems, it is necessary to remember to balance the guarantee of independent status and the performance of administrative functions based on a close review of Korea’s circumstances rather than transplanting specific cases as they are. In this regard, functional control must keep pace with increasing independence.