Foreign ministry protests Park's transfer plan

By Chung Min-uck

Chin Young, deputy chairman of President-elect Park Geun-hye’s transition team, on Monday denounced the Ministry of Foreign Affairs and Trade (MOFAT) for protesting the team’s plan to transfer the ministry’s trade division to the commerce ministry.

"MOFAT’s claim is sophistry and amounts to ministerial selfishness,” Chin said. “It infringes on the president's constitutional rights distorting the president's authority over signing trade deals as if the foreign minister holds that right under the Constitution.”

The remarks come as Foreign Minister Kim Sung-hwan urged the team to reconsider the transfer, saying the move would “sway the framework of the Constitution.”

In unusually explicit remarks at the National Assembly, Kim said that the plan would hurt the national interest because the commerce ministry has “limitations” in coordinating overall trade negotiations.

MOFAT has been bluntly opposing Park’s plan to transfer its trade division to the Ministry of Knowledge Economy (MKE).

In a report submitted to the National Assembly, MOFAT claimed that Park’s plan is against international norms and treaties and as such needs modification.

The move comes days before the Assembly is set to review the plan.

“The handover plan conflicts with the Vienna Convention on Law of Treaties since a commerce minister is unauthorized to sign international treaties,” the ministry said in the report. “The Vienna Convention writes only the president, head of state or foreign minister can sign cross-border treaties.”

It also said the new plan is “unconstitutional” since the changes to be made go against president’s power of “representing the nation” and “sealing treaties” stipulated in the constitution.

According to Park’s revised bill, a commerce minister can sign trade treaties by receiving authority from the president without having to go through the foreign ministry.

Under the current Government Organizational Law, only the foreign minister is authorized to exercise the power on behalf of a president, according to MOFAT officials.

“Allowing a commerce minister to sign cross-border treaties severely sways the framework of the president’s diplomatic authority,” said a MOFAT official asking for anonymity, Monday. “It will damage the basic framework of the government structure resulting in inconsistency of the nation’s diplomacy.”

The foreign ministry has been exerting all efforts to promote its stance.

First Vice Foreign Minister Ahn Ho-young has sent messages and documents objecting to the transition team’s government retooling plan to bodies such as the Korean Council on Foreign Relations to publicize MOFAT’s position on the issue.

Rep. Kim Jong-hoon, a career diplomat and former trade minister, on Sunday, during a luncheon with Park suggested “setting up an independent organization for trade affairs under the Prime Minister’s Office.”

Rep. Kim is considered the mouthpiece of MOFAT regarding the issue.

Park countered saying “if we root out selfishness among ministries there will be no problem.”

Insiders say MOFAT’s position is unlikely to be accepted as the President-elect will stick firm to her original position.

Meanwhile, the MKE refuted MOFAT’s claims saying the new changes are not against the Vienna Convention since article 7 states anyone can sign cross-border treaties if they have the “power of attorney.”

“There is no legal problem in the handover,” said an MKE official.

The MKE will change its name to the Ministry of Industry, Trade and Energy following the transfer.