Prosecutor General Yoon Seok-yeol, who was unable to go to work due to the suspension order issued by Justice Minister Choo Mi-ae, is arriving at the Supreme Prosecutors' Office in Seocho-gu on the afternoon of the 1st. [Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin] The current administration's attempt to 'oust' Prosecutor General Yoon Seok-yeol, spearheaded by Justice Minister Chu Mi-ae, has effectively failed. This has only resulted in a backlash from public opinion and sharpened the prosecution's scrutiny aimed at the administration.
If the Disciplinary Committee for Prosecutors, convened by Minister Chu on the 4th to dismiss Prosecutor General Yoon, fails to find a breakthrough, the ongoing 'Yoon Seok-yeol incident' could become a trigger for the administration's lame-duck period.
On the 2nd, both inside and outside the prosecution, the prevailing analysis was that Yoon, who had been on the defensive due to Minister Chu's successive investigation directives, inspection orders, and disciplinary requests, completely reversed the situation following the Ministry of Justice Inspection Committee's resolution and the court's injunction decision the previous day.
For now, the Ministry of Justice postponed the disciplinary committee meeting scheduled for the 2nd to the 4th, mentioning the 'guarantee of procedural rights and defense rights.' Accordingly, after providing the list of disciplinary committee members and some records of disciplinary charges requested by Yoon's side, the committee is expected to convene.
However, considering various scenarios, the situation is turning very unfavorable for Minister Chu. Even if the disciplinary committee decides on severe penalties such as dismissal or removal and President Moon Jae-in approves it, leading to Yoon's dismissal, Yoon is expected to immediately file a lawsuit seeking cancellation of the dismissal and apply for an injunction.
In injunction applications, standards such as 'damage suffered by Yoon due to inability to perform duties' and 'urgent necessity to prevent this' are applied. Therefore, similar to the injunction granted the previous day for the suspension of duty exclusion, it is highly likely that the court will accept the application.
If this happens, until the dismissal cancellation lawsuit goes through the first and second trials and a final ruling is made by the Supreme Court, Yoon can perform his duties normally and is likely to complete his remaining term until July next year.
On the other hand, if the disciplinary committee decides on minor penalties such as salary reduction or reprimand, considering the previous court injunction and the inspection committee's resolution, Minister Chu's position could become even more constrained.
The Inspection Committee unanimously resolved the previous day that all three actions against Prosecutor General Yoon?disciplinary request, duty exclusion, and investigation referral?were inappropriate.
Additionally, the court, in its decision to suspend Minister Chu's order to suspend Yoon's duties, mentioned the constitutional principle of due process, pointed out procedural flaws in the duty exclusion process against Yoon, and emphasized that "the exercise of the Justice Minister's specific command and supervision authority over the Prosecutor General should be limited to the minimum necessary."
Ultimately, if the Ministry of Justice fails to present additional evidence supporting the necessity of disciplining Yoon by the 4th, dismissing Yoon is practically impossible.
Rather, during the inspection process for disciplinary requests and duty exclusion against Yoon, several procedural violations have surfaced, increasing the likelihood that Minister Chu and the so-called 'Chu-line' officials who followed her directives will become subjects of investigation for charges such as 'abuse of authority.'
The Human Rights Policy Office of the Supreme Prosecutors' Office recently announced it would begin an investigation after receiving a petition containing objections to the investigation procedures and claims of human rights violations related to the Supreme Prosecutors' Office Inspection Department's search and seizure. The Inspection Department had conducted a search and seizure of the Investigation Information Policy Office concerning allegations of 'court surveillance,' one of the reasons for Yoon's duty exclusion.
In this situation, voices within the prosecution have begun to call for Minister Chu's resignation. Especially after Cho Nam-gwan, Deputy Prosecutor General of the Supreme Prosecutors' Office, who had earned Minister Chu's trust, posted a message discouraging her, and Ko Ki-young, Deputy Minister of Justice who was to serve as the disciplinary committee chair, resigned, the majority of prosecutors affiliated with the Ministry of Justice and prosecution have effectively turned their backs on Minister Chu.
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