Yoon Seok-yeol Opts for 'Request for Reconsideration' Instead of 'Objection'... Minister Chu Likely to View It as 'Noncompliance with Orders'

If Announced as Early as This Afternoon... Signs of Prosecutorial Turmoil if Ministry of Justice Launches Inspection

Minister of Justice Choo Mi-ae (left) and Prosecutor General Yoon Seok-youl. [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] It was reported on the 6th that Prosecutor General Yoon Seok-yeol is likely to decide on a "request for reconsideration" in the form of a "reconsideration proposal" regarding Minister of Justice Chu Mi-ae's investigation directive. Meanwhile, within the Ministry of Justice, this approach is being viewed as a de facto "non-compliance with orders," and corresponding measures are being considered as the situation unfolds.

There was speculation that Prosecutor General Yoon might choose to file an "objection" to completely disregard Minister Chu's directive, but since that would appear as a direct confrontation with the minister, it seems he is opting for a somewhat more tactful "proposal."

However, if Minister Chu counters Prosecutor General Yoon with measures such as an inspection, it is expected to lead to the worst "geomran" (檢亂, prosecutorial chaos), with significant repercussions.

Meanwhile, Prosecutor General Yoon received a report on the results of the chiefs of prosecutors meeting held on the 3rd from the Planning and Coordination Department of the Supreme Prosecutors' Office on the morning of the same day, finalized his position, and is expected to officially deliver it to the Ministry of Justice as early as that afternoon. Due to many calls for caution within the prosecution, the official announcement may be delayed by another day.

◆ Likely to avoid the appearance of 'insubordination' and make the most 'tactful' reconsideration proposal = Previously, Minister Chu ordered the suspension of the expert investigation advisory panel procedure convened by Prosecutor General Yoon regarding the investigation of the collusion between the press and prosecution case, and directed that the Seoul Central District Prosecutors' Office investigation team conduct an independent investigation without supervision or control from the Supreme Prosecutors' Office or other superiors, reporting only the investigation results to the Prosecutor General.

Within prosecution circles, there was much speculation that Prosecutor General Yoon would raise an "objection" based on Article 7, Paragraph 2 of the Prosecutors' Office Act, which allows objections when there is disagreement over the legality or legitimacy of supervision and control by a superior, regarding the second investigation directive.

However, this would appear as a direct confrontation with Minister Chu, who holds the authority to issue directives. At the three meetings held with high prosecutors and chiefs of prosecutors, attending officials reportedly reached consensus on the following points: ▲ Minister Chu's investigation directive is illegal or unjust ▲ Prosecutor General Yoon is not in a position to resign ▲ The suspension of the expert investigation advisory panel procedure should be accepted.

However, regarding how to convey this to the Ministry of Justice, various opinions were presented, including ▲ requesting reconsideration of the investigation directive ▲ appointment of a special prosecutor ▲ filing a constitutional court jurisdictional dispute petition, with the majority of chiefs of prosecutors reportedly agreeing to request reconsideration of the investigation directive.

Earlier, Lee Sung-yoon, Chief of the Seoul Central District Prosecutors' Office, also used the euphemistic expression "I humbly propose" when requesting Prosecutor General Yoon on the 30th of last month to suspend the expert investigation advisory panel procedure and guarantee the independence of the Seoul Central District Prosecutors' Office investigation.

An official from the Supreme Prosecutors' Office said, "I think it is too narrow to discuss only the legal grounds (for whether an objection is possible)," adding, "Since both the minister and the prosecutor general are heads of independent central administrative agencies, there can be various ways of communication between them."

Previously, there was legal debate over whether the Prosecutor General could exercise the right to object against the Minister of Justice's directive, but this suggests that such debate is not important in the current situation.

A chief prosecutor A who attended the meeting said in response to the question, "Is a request for reconsideration effectively a 'refusal to comply with investigation directives'?" that "I think they are making such a decision to avoid insubordination. They are requesting reconsideration while withholding opinions on whether to accept it," adding, "It is a polite request to reconsider legally."

◆ Minister Chu likely to view any form as 'legal manipulation' and 'non-compliance with orders' = The Supreme Prosecutors' Office is considering how to convey the unfairness of the Prosecutor General's "revocation of command authority" to the Ministry of Justice, but the atmosphere inside the Ministry of Justice is perceived quite differently.

On the day the chiefs of prosecutors meeting was held, the Ministry of Justice issued a stance that "claims for replacing the investigation team or appointing a third special prosecutor are against the minister's directive," partially blocking the Supreme Prosecutors' Office's retreat.

A Ministry of Justice official said, "The current situation is about whether the Prosecutor General complies or does not comply with the directive, and it is not a matter to dispute or fight over legal interpretations (such as objections)," drawing a line by saying, "Regardless of what the chiefs of prosecutors say, the (chief prosecutors' meeting) is not a counterparty."

Ultimately, Minister Chu is expected to judge that Prosecutor General Yoon is not complying with the directive unless he fully implements the content she commanded, and to consider initiating an inspection against Prosecutor General Yoon.

Also, pressure for resignation from pro-government figures such as former Minister of Justice Cho Kuk and Choi Kang-wook, leader of the Open Democratic Party, who launched a relentless offensive against Prosecutor General Yoon via Facebook and other platforms over the weekend, is expected to intensify.

Within the prosecution, it is known that many prosecutors perceive Minister Chu's investigation directive as depriving the Prosecutor General of his essential authority to supervise and control all prosecutorial affairs. Therefore, if Minister Chu dismisses Prosecutor General Yoon's request for reconsideration and decides to initiate an inspection, this incident is highly likely to escalate into the worst prosecutorial chaos since the current administration began.