New Deputy Minister Appointed Two Days Before Disciplinary Committee... Will It Become a New Variable? (Comprehensive)

This new Vice Minister is likely to serve as Chairman instead of Minister Chu... Variables remain such as Prosecutor General Yoon's side's information disclosure and witness requests

[Asia Economy Reporter Bae Kyunghwan] The disciplinary committee for prosecutors is highly likely to be held as scheduled on the 4th regarding Prosecutor General Yoon Seok-yeol. Two days after Ko Gi-young, the Deputy Minister of Justice, resigned, Lee Yong-gu (Judicial Research and Training Institute class 23), former Legal Affairs Officer of the Ministry of Justice, was appointed as the new Deputy Minister. This new Deputy Minister is an ex officio member of the disciplinary committee under the Prosecutors' Disciplinary Act and is expected to take on the role of chairman instead of Minister of Justice Choo Mi-ae, who holds the right to request disciplinary action.

According to the Blue House on the 2nd, President Moon Jae-in appointed lawyer Lee as the new Deputy Minister of Justice. His term begins on December 3. The new Deputy Minister is a former judge with over 20 years of service in the courts and was appointed as the Legal Affairs Officer of the Ministry of Justice in August 2017, the first non-prosecutor to hold the position, serving for two years and eight months. He graduated from Daewon High School in Seoul and Seoul National University Law School, passed the 33rd bar exam (Judicial Research and Training Institute class 23), served as a presiding judge at Gwangju District Court, worked as a lawyer at law firm LKB & Partners, served as Legal Affairs Officer of the Ministry of Justice, and is currently practicing law at Lee Yong-gu Law Office.

Notably, after the current administration took office, he was appointed Legal Affairs Officer and led legal and prosecutorial reforms under Ministers Cho Kuk and Choo Mi-ae. As a representative pro-government legal professional, he also served as the head of the preparatory team for the establishment of the Corruption Investigation Office for High-ranking Officials after the passage of the related bill in the National Assembly.

Within the prosecution, the news of the new Deputy Minister's appointment has led to expectations that the disciplinary committee scheduled for the 4th regarding Prosecutor General Yoon will proceed as planned. Previously, the sudden resignation of Deputy Minister Ko had cast uncertainty over whether the disciplinary committee would be held. The disciplinary committee consists of seven members, including the Minister and Deputy Minister, and since Minister Choo holds the right to request disciplinary action, the Deputy Minister must serve as chairman.

With the immediate appointment of the new Deputy Minister, the conditions for holding the disciplinary committee have been met. Apart from the Minister and Deputy Minister, the other five members consist of two prosecutors appointed by the Minister, and one each of a lawyer, a law professor, and a person with academic knowledge and experience, all appointed by the Minister.

Accordingly, Minister Choo is highly likely to push forward with holding the disciplinary committee. Despite the inspection committee's findings the previous day that the disciplinary request, suspension of duties, and investigation referral against Prosecutor General Yoon were all inappropriate, Minister Choo did not waver in her determination to proceed with the disciplinary committee, stating, "We will follow legal procedures for disciplinary action going forward." Even when considering Yoon's side's request to change the disciplinary committee date, she emphasized again, "Whether the disciplinary charges are acknowledged and the severity of the discipline will be handled by the disciplinary committee according to law and procedure."

However, there are variables. Given that the disciplinary committee was postponed due to Deputy Minister Ko's resignation, who was supposed to preside instead of Minister Choo, there may be reluctance to have the newly appointed Deputy Minister immediately take on the role of chairman.

Yoon's side's demands must also be considered. For Minister Choo, since procedural violations during the inspection process were the cause of defeat, she needs to ensure that the disciplinary committee process proceeds without controversy.

Nonetheless, it is uncertain whether the Ministry of Justice can reach an agreement with Yoon's side before the disciplinary committee on the 4th. Yoon's side filed an information disclosure request with the Ministry of Justice the previous day, asking for the list of disciplinary committee members. Yoon's legal counsel stated, "The Ministry of Justice has not disclosed who the disciplinary committee members are, so we cannot file a challenge request."

They also requested access to disciplinary records and witnesses. Yoon's legal counsel said, "To defend at the disciplinary committee, we need to know the status of the disciplinary records and the grounds for the charges, but the Ministry of Justice has not responded yet," expressing, "The defense lawyers are struggling to prepare." They also requested witnesses including Ryu Hyuk, Inspector General of the Ministry of Justice, Park Young-jin, Chief Prosecutor of Ulsan District Prosecutors' Office, and Son Joon-sung, Head of Investigation Information at the Supreme Prosecutors' Office, to clarify the allegations that formed the basis of the disciplinary request.

However, if the disciplinary committee is held as scheduled, the prevailing view is that it will be difficult for Prosecutor General Yoon to avoid severe punishment. Although there is some burden in deciding on severe disciplinary actions such as dismissal amid negative public opinion following the inspection committee's recommendation and court rulings, considering Minister Choo's actions so far, the legal community believes that withdrawal of the disciplinary action is unlikely.

Accordingly, if the disciplinary committee decides on the maximum penalty of dismissal and President Moon approves it, Prosecutor General Yoon will lose his position again. In this case, Yoon is highly likely to respond legally by filing for suspension of execution and administrative lawsuits such as cancellation suits against the disciplinary committee's decision.