Ministry of Justice: "The Prosecutor General Must Also Be Disciplined According to the Law"

[Asia Economy Reporter Baek Kyunghwan] Regarding the suspension order of Prosecutor General Yoon Seok-yeol, the Ministry of Justice stated that it was "exercised as part of democratic control guaranteed by the Constitution and laws."

Attorney Lee Ok-hyung from the Ministry of Justice said on the afternoon of the 22nd, after the hearing on the suspension of the disciplinary action against Prosecutor General Yoon at the Seoul Administrative Court, "The Prosecutor General is also subject to disciplinary action under the Prosecutors' Disciplinary Act," emphasizing this point.

Attorney Lee stressed to the court that the disciplinary action is different in nature from the job suspension order issued when Minister of Justice Chu Mi-ae requested Yoon's disciplinary action. According to Lee, "If the suspension of execution is granted, there is a concern that organizational stability related to public welfare will be disrupted, and the division of public opinion is already severe."

He also mentioned that the President's approval is understood as an intention to prevent unnecessary division of public opinion. Furthermore, since Prosecutor General Yoon is also a member of the Ministry of Justice, he argued that he must comply with the President's approval of the disciplinary action based on the Constitution.

Regarding the claim that the disciplinary procedure was illegal, he dismissed it by saying, "Compared to the disciplinary actions against any public official in history, the accused's right to defense was guaranteed and there were no defects." The Ministry of Justice interpreted that the court proceeded with the trial by thoroughly examining not only the requirements for suspension of execution such as irreparable damage but also the substantive issues including the grounds for discipline.

Additionally, Attorney Lee conveyed that "the presiding judge said that the suspension of execution case is practically no different from the main trial, so it is difficult to simplify it." This means that the court can examine issues related to the legitimacy of the disciplinary action and other substantive matters in the main lawsuit.

In fact, during the hearing, the court reportedly questioned both parties regarding procedural illegality of the discipline, allegations of judge surveillance, and obstruction of investigation and inspection related to the Channel A case.

Meanwhile, the court decided to send additional questionnaires to both parties soon. The second hearing on the suspension of execution of Prosecutor General Yoon's suspension order will be held at 3 p.m. on the 24th.