[Reporter’s Notebook] Minister Chu Mi-ae Should Withdraw Disciplinary Request Against Prosecutor General Yoon

Seokjin Choi, Head of the Legal Affairs Team

[Asia Economy Reporter Choi Seok-jin] Reading through the decision by Presiding Judge Jomiyeon, who suspended the effect of the Prosecutor General's suspension order, reveals hints of procedural flaws such as the violation of the right to defense.

She referred to Article 8 of the Prosecutors' Office Act, emphasizing that "the exercise of the Ministry of Justice Minister's specific command and supervision over the prosecution, especially the Prosecutor General, should be limited to the minimum necessary."

She also pointed out that the authority to suspend the duties of a disciplinary suspect, which Minister Choo claimed as his 'discretion,' should not be abused. This was a direct blow to the measure that suspended the duties of the Prosecutor General with eight months remaining in his term, effectively resulting in dismissal.

Minister Choo has been using Article 8 of the Prosecutors' Office Act, which limits the minister's command authority to ensure prosecutorial neutrality, contrary to its legislative intent, as a basis for specific investigative command authority.

In other words, the legal provision stating "The Minister of Justice shall command and supervise only the Prosecutor General regarding specific cases" seems to have been misinterpreted as "The Minister of Justice can command specific investigations through the Prosecutor General as much as he wants." Presiding Judge Cho appears to have sharply criticized this behavior of Minister Choo.

Within the prosecution, there are quite a few prosecutors who harbor unfavorable feelings toward Prosecutor General Yoon. It is true that appointing special investigation prosecutors under the so-called 'Yoon Seok-yeol line' to key positions caused resentment among many prosecutors.

However, the situation has now changed. Following successive protest statements from frontline prosecutors regardless of rank, even prosecutors whom Minister Choo trusted, such as Deputy Prosecutor General Cho Nam-gwan and former Deputy Minister of Justice Ko Ki-young, have now turned their backs.

A situation where the Minister of Justice violates the law himself is unacceptable to anyone, regardless of political orientation. Not only lawyer associations and law professors but also progressive civic groups have expressed concerns about this 'lawless rampage.' In public opinion polls, more than half of the respondents say Minister Choo's actions were wrong.

There is an anecdote that when Minister Choo was a judge, a senior judge read his rulings and said, "You would be better off in politics than as a judge."

In fact, Minister Choo has spent much more time as a politician than as a judge. Kyeolja haejji (結者解之) ? those who bind must untie. Withdrawing the disciplinary request and the suspension order could be Minister Choo's political masterstroke.