Yoon Likely to File Lawsuit to Cancel 'Suspension Order' and Request Stay of Execution as Early as Today

Autumn to Soon Hold Prosecutor Disciplinary Committee Meeting, Severe Disciplinary Action Expected
Final Court Decision Likely to Cause Critical Damage to Either Autumn or Yoon

On the afternoon of the 24th, Minister of Justice Choo Mi-ae announced the disciplinary request and suspension order against Prosecutor General Yoon Seok-yeol at the press room of the Seoul High Prosecutors' Office in Seocho-gu, Seoul.

[Asia Economy Reporter Choi Seok-jin] Prosecutor General Yoon Seok-yeol is expected to file a lawsuit as early as the 25th at the court, requesting the cancellation of Minister of Justice Choo Mi-ae's order to suspend his duties, and simultaneously apply for a suspension of the enforcement of the suspension order until the lawsuit's outcome is determined.

As Minister Choo is anticipated to soon convene the disciplinary committee for prosecutors and decide on a severe disciplinary action against Prosecutor General Yoon, it is expected that one of the two will inevitably suffer a critical blow depending on the court's final judgment on the legality of the disciplinary action and the suspension order against Yoon.

On the day, a senior official from the Supreme Prosecutors' Office stated, "We intend to take legal action as soon as possible."

The previous day, Minister Choo announced, "The investigation into Prosecutor General Yoon confirmed multiple serious and grave allegations," citing six reasons including ▲ inappropriate contact with media company owners ▲ illegal surveillance of major case trial panels ▲ obstruction of investigation, and requested disciplinary action against Yoon while ordering his suspension from duty. Immediately after Minister Choo's announcement, Yoon declared, "I will legally respond to the unlawful and unjust measures to the end."

Since the disciplinary action has not yet been finalized, Prosecutor General Yoon is expected to first seek a suspension of the enforcement of Minister Choo's suspension order through an injunction, allowing him to continue performing his duties while contesting the effects of the suspension order and the forthcoming disciplinary action through the main lawsuit.

If the injunction request to suspend the enforcement is dismissed, Deputy Prosecutor General Cho Nam-gwan will act as the prosecutor general unless the suspension order is canceled through the main lawsuit.

Deputy Prosecutor General Cho expressed regret over the unprecedented situation of the prosecutor general's suspension, stating, "Under the cause of prosecutorial reform, I will do my utmost to quickly mend the divided prosecution organization and unite all members to become a righteous, humble, and united people's prosecution."

However, under Deputy Prosecutor General Cho's acting leadership due to Yoon's suspension, it is expected to be difficult to accelerate investigations into current government-related cases, such as the 'Wolseong Unit 1' case, which the prosecution is currently investigating.

In cases similar to injunction applications in civil lawsuits, conclusions are reached earlier than in the main lawsuit, and the court weighs the consequences of granting the injunction and later losing the main case against the opposite scenario.

In this case, the court will compare and weigh the public interest harmed if the suspension order is canceled after proceeding with the lawsuit while the prosecutor general's duties are suspended, against the public interest harmed if the enforcement of the suspension order is suspended but later upheld as valid in the lawsuit, to decide whether to grant the injunction.

Meanwhile, disciplinary actions against prosecutors are decided through the Prosecutor Disciplinary Committee established within the Ministry of Justice. Since Minister Choo chairs the committee and the other six members include ▲ the Ministry of Justice Vice Minister ▲ two prosecutors appointed by the minister ▲ a lawyer appointed by the minister ▲ a law professor appointed by the minister ▲ and a person with extensive knowledge and experience appointed by the minister, the disciplinary level is highly likely to be influenced by Minister Choo's intentions.

Under the Prosecutor Disciplinary Act, suspension orders can be issued for three types of disciplinary actions: dismissal, removal, and suspension. Once disciplinary action is decided, the president executes the discipline upon the recommendation of the Minister of Justice.

If disciplinary action is taken against Prosecutor General Yoon, he plans to contest it through a cancellation lawsuit as well.

Since President Moon Jae-in reportedly tacitly approved Minister Choo's suspension order after being informed of it the previous day, it is expected that the court under Chief Justice Kim Myung-soo will be reluctant to suspend or cancel the enforcement of Minister Choo's suspension order.

However, in lawsuits contesting the validity of disciplinary actions, the appropriateness of each disciplinary reason and the proportionality of the disciplinary action will be examined, making the outcome difficult to predict.

Depending on the court's decisions in the injunction application and cancellation lawsuit regarding the suspension order, as well as the cancellation lawsuit against the disciplinary action, either Minister Choo or Prosecutor General Yoon is likely to face a situation where they must decide their position.