Jin Joong-kwon "Ministry of Justice also turns back on Chu... Seems they must bear legal responsibility"

Former Dongyang University Professor Jin Joong-kwon. Photo by Yonhap News

[Asia Economy Reporter Kang Ju-hee] Former Dongyang University professor Jin Joong-kwon pointed out on the 1st that the so-called "joint resignation theory" regarding the conflict between Justice Minister Chu Mi-ae and Prosecutor General Yoon Seok-youl is "not the right solution."

In a post on his Facebook that day, former Professor Jin said, "That itself is already a political and strategic solution. This is a matter that concerns the fate of the Korean judicial system," and emphasized, "It must be resolved strictly according to 'principles,' not political tricks or strategic calculations."

Former Professor Jin pointed out, "Today, the court ruled that Minister Chu Mi-ae's measures were unfair. Prior to that, the Inspection Committee also unanimously concluded that the disciplinary action was unfair," adding, "Whether it is disciplinary action or suspension from duty, it means that Minister Chu's measures violated established regulations."

He continued, "In the process of forcibly pushing this matter, Minister Chu committed acts that could be punishable as 'abuse of authority,'" saying, "She caused subordinates to bypass the commanding officer and deleted the contents of the 'report on non-establishment of abuse of authority.'"

He added, "Regardless of rank, the entire prosecution organization has turned its back on Minister Chu. Even the directors of the Ministry of Justice, and even the acting authority known to be her people, have appealed against the unfairness of her measures," and criticized, "Minister Chu bears political and ethical responsibility for making a wrong judgment in the first place. She also bears legal responsibility for the errors committed during the execution of that judgment."

Former Professor Jin urged President Moon, saying, "The president, as the appointing authority of Minister Chu, bears responsibility," and added, "The way to take responsibility is, of course, to immediately dismiss the official who caused unnecessary controversy due to arrogance and obstinacy, and to appoint a new person suitable for the job in that position," calling for Minister Chu's dismissal.

He continued, "Even if Prosecutor General Yoon's sword is somewhat uncomfortable, the president should guarantee that he completes his work and retires. This is not a matter of 'individual' Yoon Seok-youl but concerns the independence and neutrality of the prosecution," and said, "The separation of powers and mutual checks and balances are the cornerstone of democratic society. If that collapses, democracy itself collapses. This incident has starkly revealed that risk."

Meanwhile, the court ruled that the order by Minister Chu to exclude Prosecutor General Yoon from his duties should be temporarily suspended. Accordingly, the order to exclude Prosecutor General Yoon from his duties will lose its effect for up to 30 days after the ruling on the main lawsuit filed by Yoon, which requests the cancellation of the suspension order.

Considering that it may take several months for the main ruling to be issued, the court's decision can be seen as effectively lifting the suspension. Prosecutor General Yoon reportedly returned to work 40 minutes after the ruling was announced that day.