High Possibility of Suspension of Execution Granted... Just the Beginning of the Yoon-Choo Legal Battle

Court Decides Random Computerized Case Assignment
Responsible Bench to Conclude Within a Week at Earliest
Possibility of Restoring Prosecutor General Yoon Seok-yeol's Status Weighed
Choo Mi-ae Accelerates Investigation into Judge Surveillance Allegations
Administrative Lawsuit Possible Despite Disciplinary Committee Outcome

[Asia Economy Reporter Seongpil Jo] The panel assigned to hear the administrative lawsuit filed by Prosecutor General Yoon Seok-yeol against Minister of Justice Chu Mi-ae was decided on the 27th. Both the provisional injunction request, known as the 'suspension of execution request,' and the main lawsuit, the 'cancellation claim of the suspension of duty execution order,' were assigned to the same panel. In the legal community, there is a high expectation that the court will grant Yoon's suspension of execution request, meaning there is a strong possibility that Yoon's position will be restored. However, since an additional administrative lawsuit may be filed following the disciplinary committee's decision by the Ministry of Justice, it is said that the unprecedented legal battle between the Minister of Justice and the Prosecutor General is "just beginning."

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

High Possibility of Suspension of Execution Being Granted

The Seoul Administrative Court decided on the same day, through a random computerized assignment, that the case filed by Prosecutor General Yoon would be handled by the Administrative Division 4 (Presiding Judge Cho Mi-yeon). If only the suspension of execution request had been filed, the case would have been assigned to the court's senior presiding judge's panel without exception, but since Yoon filed the main lawsuit the previous afternoon as well, the court explained that the computerized assignment was conducted as usual. The assigned panel will set a hearing date within a few days to review the suspension of execution request and summon both the Ministry of Justice and Yoon's side to submit necessary documents. A decision is expected within as soon as a week.

For the suspension of execution request against the suspension of duty to be accepted, 'irreparable harm' must be recognized. Based on this, the legal community forecasts a high likelihood that the suspension of execution request will be granted. The six allegations of misconduct cited by Minister Chu as grounds for the suspension of duty will be fully contested in the main lawsuit, so it is expected that they will not significantly affect the suspension of execution hearing. A lawyer in Seocho-dong said, "Depending on whether Yoon's side can explain the allegations of misconduct, if the main lawsuit is contestable, the suspension of execution is likely to be granted."

Supreme Prosecutors' Office, Seocho-gu, Seoul / Photo by Hyunmin Kim kimhyun81@

Chu Mi-ae Accelerates Investigation... Impact on Main Lawsuit

Minister Chu's decision to request an investigation from the Supreme Prosecutors' Office on the suspicion of Yoon's 'judicial panel surveillance' for abuse of authority also appears to be a strategic judgment considering the overall situation. It is a move to advance the investigation as much as possible while Yoon is absent, keeping the possibility of the suspension of execution request being granted open, in preparation for the main lawsuit. The main lawsuit will dispute the legality and grounds of the suspension of duty. If decisive evidence or circumstances regarding the judicial panel surveillance suspicion are found during the investigation, the necessity of the suspension of duty may be recognized in the main lawsuit.

The principle of due process is also an important basis for judgment in the main lawsuit. Among the six reasons, one includes Yoon's refusal to cooperate with the inspection. However, from Yoon's perspective, he may challenge the procedure of the inspection, such as not being given an opportunity to submit opinions. Previously, Yoon's side stated, "After confirming the facts, if the allegations are specified, a face-to-face investigation at the final stage is the general procedure, but the Ministry of Justice showed a rather ambiguous attitude even regarding whether a formal inspection had started."

Seoul Administrative Court

Possibility of Filing Administrative Lawsuit Even After Disciplinary Committee Result

The main lawsuit will take considerable time until a final result is reached. There are many expectations that it could take years if it proceeds to the Supreme Court. In this case, the situation may extend beyond Yoon's term, which ends in July next year. Minister Chu's haste in convening the Ministry of Justice disciplinary committee is interpreted as an attempt to prevent such a situation. The disciplinary committee, chaired by Minister Chu, can decide up to dismissal. A legal community official predicted, "The disciplinary committee will vote for Yoon's dismissal according to Minister Chu's intention and recommend it to the President."

The disciplinary review for Prosecutor General Yoon will be held on the 2nd of next month. The legal community also mentions the possibility that Yoon will file another administrative lawsuit against the Ministry of Justice's disciplinary decision. In this case, suspension of execution requests and lawsuits to nullify the disciplinary action are expected to follow. Similarly, it will take years until a final conclusion is reached.