Possibility of Joint Meeting of Prosecutors... Cho Nam-gwan, Deputy Chief Prosecutor, "Please Step Back One Step for the Greater Good"
[Asia Economy Reporter Bae Kyunghwan] With the suspension of the minister's order execution, the Inspection Committee, and the Disciplinary Committee all scheduled to convene this week, major decisions regarding the ongoing 'Chu (秋)-Yoon (尹)' conflict are imminent. The situation has taken a dramatic turn as even Cho Nam-gwan, the Deputy Prosecutor General of the Supreme Prosecutors' Office and a prominent figure in the 'Chu Mi-ae line,' has turned his back. Prosecutor General Yoon Seok-yeol's side plans to focus on attacking the illegality of the minister's actions in court and during the two committee meetings, making it appear that Minister Chu, who has been pushing a reckless fast-track approach, is now strongly hampered.
According to legal circles on the 30th, Cho Nam-gwan, Deputy Prosecutor General, posted a message at 9:37 a.m. on the prosecution's internal communication network, Epros, saying, "Minister, please take a step back for the sake of prosecutorial reform," causing a stir. Cho is currently acting as the Prosecutor General whose duties have been suspended. He was also a close aide to Minister Chu when serving as the Director of the Prosecutor's Office at the Ministry of Justice.
As Cho expressed his view that Minister Chu's actions are unjust, the argument about the illegality of the suspension order, which has been gaining momentum mainly among rank-and-file prosecutors, has been further strengthened. The meetings of rank-and-file prosecutors, which began on the 25th, concluded on the 27th at the Incheon District Prosecutors' Office, wrapping up sessions at 18 local prosecutors' offices nationwide. Prosecutors from 40 out of 41 branch offices, excluding the Busan Western Branch, also participated, meaning that 1,761 out of 1,789 rank-and-file prosecutors nationwide took part. Some suggest that if disciplinary action against Prosecutor General Yoon becomes a reality, it could lead to 'offline collective action' through joint meetings of rank-and-file prosecutors.
At 11 a.m. on the same day, Prosecutor General Yoon will focus on the 'revision procedure of the Inspection Committee's regulations' during the hearing on the suspension order execution stay at the Seoul Administrative Court. Yoon's legal counsel explained, "Because the Ministry of Justice's revision of the regulations was illegal, the disciplinary request and suspension of duties based on it are also invalid." Previously, the Ministry of Justice revised the mandatory provision that "inspection of prosecutors must be consulted with the Inspection Committee" to an optional provision stating "consultation may be sought." However, according to the relevant Administrative Procedures Act, when changing policies or systems, unless there is an urgent reason, administrative notice and public opinion collection procedures must be followed.
Legal circles expect that if the court recognizes illegality in the operation of the Inspection Committee during today's hearing, Minister Chu's position will be significantly shaken in the upcoming Inspection Committee meeting on the 2nd, the Disciplinary Committee on the 3rd, and future substantive lawsuits. Since the inspection results, which form the basis for disciplinary action, were illegal from the start, the results themselves inevitably become problematic.
The revelation by Prosecutor Lee Jeong-hwa of the Ministry of Justice Inspection Office, who participated in the inspection of Prosecutor General Yoon the day before, has also become a major variable. Prosecutor Lee stated, "I wrote a report indicating that it would be difficult to establish guilt, but the content was deleted," and expressed, "I cannot shake off the suspicion that even the procedures were illegal." Since Minister Chu's investigation request is based on suspicions that Prosecutor General Yoon committed abuse of authority, this suggests a high possibility that the Ministry of Justice altered the investigation results, which contradict the investigation request, directly linking to the controversy over illegality in the inspection process.
Legal circles analyze that Minister Chu's reckless fast-track approach has ultimately imposed a political burden on President Moon Jae-in. This aligns with Cho's remark that "the prosecutorial reform, which the Moon Jae-in administration has pursued as its top national agenda, risks losing both its momentum and substance, leading to a critical crisis where it could all be wasted."
In this situation, the Disciplinary Committee, which will be composed of personnel appointed by Minister Chu, faces considerable pressure as it convenes. Even if the Inspection Committee issues an opinion to withdraw the disciplinary request against Prosecutor General Yoon on grounds of illegality, if Minister Chu proceeds with severe disciplinary action, she will face backlash for attempting an illegal disciplinary action as Minister of Justice. However, there is also speculation that Minister Chu may moderate the severity of the disciplinary measures based on the court's ruling that day. With the spread of protests from frontline prosecutors, the expos? by the prosecutor who participated in the Ministry of Justice inspection, and Cho's principled statements, the Blue House may send a separate message to Minister Chu.
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