CABINET HEARINGS END WITH A WHIMPER

C O N F I D E N T I A L SEOUL 000504 SIPDIS SIPDIS E.O. 12958: DECL: 02/14/2016 TAGS: PGOV KS SUBJECT: CABINET HEARINGS END WITH A WHIMPER REF: A. SEOUL 434 ¶B. SEOUL 54 ¶1. (C) SUMMARY: The National Assembly's first-ever hearings on Cabinet nominees ended with a whimper February 10, as President Roh ignored the legislature's non-binding opinions, as well as the objections of many in his own party, and installed five new Cabinet members and a new police chief. The main opposition Grand National Party generated headlines by declaring three of the nominees -- Lee Jong-seok (MOU), Rhyu Si-min (Minister of Health and Welfare),Lee Sang-soo (Minister of Labor) -- "absolutely unqualified," but had little other discernible effect on the nomination process. Frustrated, some lawmakers are now calling for the hearings to conclude with a confirmation vote. END SUMMARY. HEARINGS V. CONFIRMATION -------------- ¶2. (U) Under the ROK Constitution, the following posts are appointed by the President, but subject to confirmation by the National Assembly: Prime Minister, Chief Justice of the Supreme Court, President of the Constitutional Court, and Chairman of the Board of Audit and Inspection. Additionally, the Assembly nominates, and therefore effectively confirms, a select number of Supreme Court Justices, Constitutional Court Justices, and National Election Commissioners. Nominees subject to confirmation must first be approved by the Special Committee on Confirmation Hearings, then confirmed by a simple majority vote of those present during a plenary session. ¶3. (U) According to the Constitution, the President may also request that the Assembly review the qualifications of those nominated to head the National Intelligence Service (NIS), National Tax Service (NTS),Korean National Police Agency (KNPA),and the Prosecutors Office. This has turned into a pseudo confirmation process in which the nominees are considered at the relevant committee level. The committee then presents a report to the Speaker in plenary session, who then transmits it to the President or, in the case of Supreme Court Justices, the Chief Justice. ¶4. (U) Beginning in 2004, the Special Committee on National Assembly Reform instituted several changes to increase the effectiveness of the National Assembly and strengthen its oversight of the executive branch. As part of this movement, the Assembly in July 2005 revised the Confirmation Hearing Act to extend to itself the right to conduct non-binding hearings on all Cabinet nominees, similar to the reviews it conducts for the NIS, NTS, KNPA, and the Chief Prosecutor. This was a change that did not require a revision to the constitution itself as it leaves intact the President's constitutional right to unilaterally name his Cabinet. SOUND AND FURY SIGNIFYING...NOTHING -------------- ¶5. (C) Eager to exercise its newly-acquired right to conduct hearings on all Cabinet nominees, the Assembly opened hearings February 6-9 on six nominees: Lee Jong-seok (MOU), Rhyu Si-min (Minister of Health and Welfare),Lee Sang-soo (Minister of Labor),Chung Sye-kyun (Minister of Commerce, Industry and Energy),Kim Woo-sik (Deputy PM for Science and Technology),and Lee Taek-soon (KNPA Chief). The hearing for MOU Lee was particularly contentious, as lawmakers traded accusations over his handling of the issue of USFK strategic flexibility (REF A). The opposition GNP declared MOU Lee, along with MHW Rhyu and MOL Lee, to be "absolutely unqualified," a judgment shared by some within the ruling Uri Party (REF B). Indeed, differences of opinion on Lee and the other nominees, with the exception of the Police Chief, were so pronounced that committee reports were generally incoherent and, in one case, non-existent. President Roh appeared unfazed by the rancor generated by his choices and, on February 10, promptly installed all his nominees in office. ¶6. (C) Prevailing public opinion is that these first-ever hearings for Cabinet members were a failure, as it was apparent that the four days of heated debate had no discernible impact on the nomination process. The GNP is now proposing a bill stipulating that hearings be capped by votes, even if non-binding, allowing the full Assembly to give better expression to its ultimate opinion on each nominee. Lawmakers believe that such a vote would prove harder for the President to ignore. The Blue House has rejected the proposal, asserting that the President's constitutional power to appoint Cabinet nominees is absolute and not subject to confirmation. Given the current configuration of the Assembly, the GNP will be fighting an uphill battle. VERSHBOW