Yoon Seok-yeol Under Disciplinary Procedure... Steps Toward Dismissal? Fate of Eligibility to Run for Office

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hye-min] Amid widespread expectations that Justice Minister Choo Mi-ae's tough stance will ultimately lead to the dismissal of Prosecutor General Yoon Seok-youl, attention is also focused on the possibility of Yoon's political participation and whether his eligibility to run for office will be revoked.

Article 19 of the Public Official Election Act lists the qualifications restricting eligibility to run for office. Among them, it states that "a person whose eligibility to run for office is suspended or lost under other laws shall not have the right to run for office." This means that if another law decides to restrict eligibility, it must be followed. Article 33 of the National Public Officials Act stipulates that "a person who has been dismissed as a disciplinary measure cannot be appointed as a public official within three years from the date of dismissal." If Prosecutor General Yoon is dismissed, this law will apply to him.

However, there is expected to be controversy over whether the clause stating "cannot be appointed as a public official" leads to restrictions on eligibility to run for office. Some argue that since elections are for appointing political public officials, eligibility to run for office would also be lost. On the other hand, there is an argument that since the position is elected, it differs from appointment.

If impeachment is pursued, the related provision is simpler. According to Article 54 of the Constitutional Court Act, a person cannot become a public official for five years, which can be interpreted as losing eligibility to run for office for five years. This provision does not include the term "appointment." Additionally, some voices within the Democratic Party of Korea are calling for impeachment of Prosecutor General Yoon.

An official from the Election Commission refrained from commenting, saying, "It is difficult to respond as the situation has not yet occurred."

Minister Choo is proceeding with disciplinary procedures against Prosecutor General Yoon, and the disciplinary committee will be held on the 2nd of next month. Many in the political sphere view the possibility of a dismissal decision as high. Political commentator Park Sang-byeong said, "Except for the Deputy Minister of Justice, the structure is such that Minister Choo appoints the members," and added, "Minister Choo's intentions will almost certainly be reflected."