'Job Exclusion' Yoon Seok-yeol to Contest in Court... Chu Mi-ae Accelerates Disciplinary Procedure

Yoon Seok-yeol, Prosecutor General [Photo by Yonhap News]

[Asia Economy Reporter Seongpil Cho] Prosecutor General Yoon Seok-yeol hinted at legal action on the 24th in response to Minister of Justice Chu Mi-ae's order to suspend his duties. This is interpreted as his intention to seek a court ruling on the legality of Minister Chu's suspension order.

In a statement distributed to the media immediately after Minister Chu's announcement that afternoon, Prosecutor General Yoon said, "I have fulfilled my duties as Prosecutor General without any shame to maintain the political neutrality of the prosecution," and added, "I will legally respond to the unlawful and unfair measures until the end." He also emphasized, "I have fulfilled my duties as Prosecutor General without any shame to protect the political neutrality of the prosecution."

After receiving news of the suspension, Prosecutor General Yoon reportedly consulted with senior officials at the Supreme Prosecutors' Office and close aides to discuss countermeasures. During this process, it was conveyed that he could not accept any of the six reasons Minister Chu cited as grounds for the suspension. Furthermore, he reportedly viewed Minister Chu's suspension order as illegal and considered filing a lawsuit to cancel or declare it null and void.

Yoon's side is also reportedly exploring the option of filing a request for suspension of execution to halt the enforcement of the order until the main lawsuit is finalized. If the suspension of execution request is accepted, the court will set a hearing date within seven days and proceed with the trial after receiving necessary documents from both parties. If the administrative court accepts the suspension of execution request, Prosecutor General Yoon will be able to perform his duties normally until the court's ruling on the main case is finalized.

However, due to this suspension, Prosecutor General Yoon is unable to conduct investigative supervision or administrative tasks as Prosecutor General. Until the court's decision on the suspension of execution request is made, even his attendance at work remains uncertain.

Minister of Justice Choo Mi-ae Photo by Yonhap News

On the other hand, since the Ministry of Justice has suspended Prosecutor General Yoon from his duties, it is expected to accelerate disciplinary procedures. The Ministry of Justice's Prosecutor Disciplinary Committee, responsible for reviewing disciplinary actions, consists of nine members including the chairperson, who is the Minister of Justice. Thus, Minister Chu will hold the initiative in the disciplinary process against Prosecutor General Yoon.

Types of disciplinary actions include dismissal, removal, suspension, pay reduction, and reprimand. Dismissal, removal, suspension, and pay reduction are executed by the President upon the recommendation of the Minister of Justice. According to the Prosecutor Disciplinary Act, if new facts are discovered after the disciplinary request that suggest the disciplinary grounds do not apply, the Minister of Justice may withdraw the disciplinary request.

After deliberation, if the committee decides not to impose disciplinary action, it may issue a 'no inquiry (불문)' decision. If it resolves that there is no disciplinary reason, it may also issue a non-prosecution decision. If impeachment or prosecution is initiated regarding the disciplinary grounds, the disciplinary review must be suspended until the case is concluded.