Disciplinary Committee Appointed by Chu... Court Ruling Meaningless if Severe Sanctions Decided
[Asia Economy Reporter Bae Kyunghwan] The decision on whether Prosecutor General Yoon Seok-yeol will return to duty will be finalized on the 2nd at the Prosecutor Disciplinary Committee. Regardless of the court's ruling on the 'suspension of duty enforcement suspension application,' if the disciplinary committee votes for dismissal on that day, Prosecutor General Yoon will effectively lose his position. Subsequently, Yoon is expected to take legal action, signaling the beginning of an unprecedented protracted battle between the Ministry of Justice and the Prosecutor General over the position.
According to the legal community on the 1st, the Ministry of Justice has tentatively scheduled the disciplinary committee meeting regarding Prosecutor General Yoon for 4 p.m. on the 2nd. The committee's composition is in its final stages, and preparations are underway considering variables such as Yoon's side filing a recusation request. The disciplinary committee members are appointed by the Minister of Justice. The committee consists of seven members, including the minister, with six others comprising the Ministry of Justice Vice Minister, two prosecutors appointed by the minister, and one each of a lawyer, a law professor, and a person with academic knowledge and experience appointed by the minister.
Minister Choo, as the person with the right to request disciplinary action, cannot participate in the deliberations but may order Prosecutor General Yoon to attend the disciplinary committee if necessary. Disciplinary decisions require a majority vote of the committee members and can include dismissal, removal, suspension, salary reduction, or reprimand. If the committee decides on a salary reduction or higher, the president executes the disciplinary action upon the minister's recommendation.
In the legal community, if the disciplinary committee convenes as scheduled, it is highly likely that Yoon's disciplinary action will be decided as dismissal. Minister Choo's side argued in the first trial regarding Yoon's suspension of duty held the previous day that "since the disciplinary action will be decided by the disciplinary committee two days later (on the 2nd), there is no reason to lift the suspension of duty as a preliminary measure." The logic is that if the disciplinary committee votes for Yoon's dismissal and the president approves it, Yoon will lose his position, so there is no reason to cancel the suspension order now. This essentially assumes that the disciplinary committee will vote for Yoon's dismissal even before the meeting is held.
Even if the court grants the enforcement suspension application before the disciplinary committee convenes, if the committee votes for dismissal, Yoon will return to duty for a day or two and then have to stop working again. Although the justification for a severe disciplinary action would weaken, since Minister Choo's side emphasized the automatic expiration of the suspension order upon the disciplinary decision the previous day, a severe disciplinary action is expected to be unavoidable. If the court rejects Yoon's application, the disciplinary committee will decide on the disciplinary action without hesitation. This would indicate that the court found no problem with Minister Choo's suspension order, and the disciplinary committee's results are expected to be promptly conveyed to the Blue House.
Even if the court's ruling comes after the disciplinary committee, the situation will not differ significantly. With a severe disciplinary action confirmed against Yoon, even if the court grants the application, Yoon cannot continue his duties. Yoon can file a lawsuit to cancel the disciplinary action and apply for suspension of the disciplinary order's effect. However, it is unlikely that the lawsuit result will come out before his term ends in July next year.
There are variables regarding the convening of the disciplinary committee itself. Yoon's legal counsel stated, "It cannot be concluded that a severe disciplinary action will be taken, and the disciplinary committee could be postponed due to recusation requests, etc." According to the Prosecutor Disciplinary Act, if there are circumstances that make it difficult to expect fairness in the disciplinary decision, a recusation request can be made against the chairman or members. Yoon's side is reportedly already requesting the list of disciplinary committee members from the Ministry of Justice.
The results of the Inspection Committee meeting held today (the 1st) are also one of the variables. Although the results will not affect whether the disciplinary committee convenes, if the inspection procedure is questioned and a recommendation to withdraw the disciplinary request is made, Minister Choo's position will be significantly weakened. Meanwhile, it is not yet confirmed whether Prosecutor General Yoon will appear in person at the disciplinary committee to present his defense. Yoon's side explained that they will decide considering various variables such as the Inspection Committee and court rulings.
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