Yoon Seok-yeol Disciplinary Cancellation Lawsuit, First Trial Next Month

First Pretrial Conference Scheduled for the 10th of Next Month

[Image source=Yonhap News]

[Asia Economy Reporter Kim Ji-hee] The first trial procedure for the administrative lawsuit regarding the two-month suspension disciplinary action against former Prosecutor General Yoon Seok-yeol will take place next month.

According to the legal community on the 7th, the Administrative Division 12 of the Seoul Administrative Court set the first preparatory hearing for the lawsuit filed by former Prosecutor General Yoon against the Minister of Justice to cancel the disciplinary action for December 10 next month. The preparatory hearing is a procedure to confirm the positions of both parties and discuss evidence investigation and proof plans in preparation for the formal trial. Like the formal trial, the parties are not obligated to appear in court in person, and representatives may attend on their behalf.

Previously, the Ministry of Justice suspended former Minister Chu Mi-ae's active-duty status in November last year and subsequently imposed a two-month suspension disciplinary action in December. At that time, the Ministry of Justice stated that the reason for the disciplinary action was based on the inspection results revealing several allegations, including former Prosecutor General Yoon's preparation of a 'trial team analysis document' concerning judges presiding over major cases.

In response, former Prosecutor General Yoon applied for a suspension of execution (suspension of effect) against the suspension and disciplinary action and filed an administrative lawsuit seeking cancellation of the disciplinary action.

Unlike the decision on whether to suspend the effect, the main issue in the substantive case is expected to be whether the disciplinary action was justified. Former Prosecutor General Yoon's side maintains that the disciplinary reasons presented by the Ministry of Justice at the time were not factual. They argue that the disciplinary procedure was illegal and unfair and therefore should be canceled. On the other hand, the Ministry of Justice holds the position that the preparation of the trial team analysis document constitutes a 'serious misconduct,' justifying the disciplinary action against former Prosecutor General Yoon.