» NIS chief-designate Kim Sung-ho.

The National Intelligence Service carried out a major reshuffle of over 60 percent of its top officials in key posts and the heads of regional offices in major cities and provinces around the country on March 19. But controversy is brewing over the legitimacy of the move, which was carried out by NIS chief-designate Kim Sung-ho, who has not yet gone through a confirmation hearing nor gained National Assembly approval.

“In order to increase efficiency and reform the organization, 60 percent of some 30 first-class officials were replaced,” one NIS official said, speaking on condition of anonymity due to the sensitivity of the issue. “Some officials voluntarily offered to resign.”

“Under the law governing the National Intelligence Service, its deputy chief serves as the caretaker of the agency’s top post when it is vacant,” said an official at the presidential office of Cheong Wa Dae, or the Blue House. “And I understand that the reshuffle was conducted after discussions with NIS chief-designate Kim Sung-ho.”

The presidential official added, “The management of the NIS has faltered since its former chief, Kim Man-bok, stepped down last month. To prevent the nation’s top intelligence agency from faltering further, there was an urgent need to carry out a reshuffle,” the official said.

Critics say, however, that it was inappropriate for the NIS chief-designate to have discussed the reshuffle because he has not yet been formally appointed to the post. Under the National Intelligence Service Law, the president has the power to appoint the agency’s chief after a parliamentary confirmation hearing. The law also states that the president is required to appoint certain high-ranking officials based upon the chief’s recommendations.

“This was a very inappropriate act because the NIS chief-designate, who has not been given National Assembly approval following a confirmation hearing, went ahead with the reshuffle,” an expert on government affairs said.

Kim’s confirmation hearing has been put on hold amid allegations that he took bribes from Samsung Group. Kim Yong-cheol, a former chief attorney at Samsung, said, “Kim, the NIS nominee, received bribes from Samsung.” The former Samsung attorney said that he himself had delivered money to the nominee. The allegations launched by the former Samsung attorney are part of a larger inquiry into the conglomerate, which includes allegations that the group amassed slush funds and bribed public officials, which has already implicated a number of officials in high-ranking posts.

Under the National Assembly’s law on confirmation hearings, a president can formally appoint a nominee 20 days after asking the parliament to vote on the appointment, even if no confirmation hearing is held. This means that President Lee could officially appoint Kim on March 23.

In South Korea, cabinet nominees must go through parliamentary hearings, although parliamentary approval is not mandatory.

Another expert on government affairs said, “Clearly, this was an act carried out without knowledge of the legal process because the nominee carried out the reshuffle even though he hasn’t formally been appointed in the midst of the controversy about his qualifications and ethical lapses.”

There is no precedent for the presidential office and the NIS, which cited concerns about a belated reshuffle, to have carried out the reshuffle after discussions with the chief-designate. When former President Roh Moo-hyun wanted to appoint Ko Young-ku as NIS chief, Ko went through a parliamentary confirmation hearing on March 26, 2003, however the official appointment was not made until April 25 of that year amid a controversy over his qualifications. Once he had been appointed officially, Ko named Seo Dong-man, a professor from Sangji University, as the director of the agency’s planning and coordination division, and then a reshuffle of top-tier officials was carried out.

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