Demoted from Chief Prosecutor to High Prosecutor
Jung Yumi Files Lawsuit and Seeks Suspension of Personnel Order
Jung Yumi, a senior prosecutor (30th class of the Judicial Research and Training Institute) who was effectively demoted from chief prosecutor to a high prosecutor position in a recent personnel reshuffle, argued that the execution of the personnel order should be suspended, stating, "I have suffered significant damage due to an unfair personnel measure. Isn't it because I fell out of favor?" The Ministry of Justice countered by saying, "It was a legitimate personnel decision within the scope of discretion."
Prosecutor General Yoo-Mi Jung, who was effectively demoted to the position of high prosecutor inspector in the recent Ministry of Justice personnel reshuffle, is attending the hearing for the injunction application held at the Seoul Administrative Court on the 22nd. Photo by Yonhap News
The Administrative Division 5 of the Seoul Administrative Court (Presiding Judge Lee Jeongwon) held a hearing on this day regarding Prosecutor Jung's application to suspend the effect of the personnel order. Suspension of execution is a legal procedure that temporarily halts an administrative action until the main lawsuit is finalized.
During the hearing, Prosecutor Jung stated, "This is not only a violation of the law but also an extremely unusual personnel decision with no historical precedent. It was highly inappropriate to proceed with the personnel measure based on an individual's expression of opinion." On December 11, Prosecutor Jung was transferred to the Daejeon High Prosecutors’ Office in the Ministry of Justice's senior official reshuffle. This effectively demoted her from a chief prosecutor (prosecutor general level) to a high prosecutor (deputy chief or division chief level).
She argued, "The personal damage caused by the personnel order is significant, while there seems to be no harm to the public from my not immediately reporting to the Daejeon High Prosecutors’ Office. This unprecedented personnel decision was widely reported in the media, and as someone who has worked diligently and quietly in the prosecution for 25 years, I have attracted considerable public attention and suffered damage to my reputation."
In contrast, the Ministry of Justice responded, "Judging from the post that Prosecutor Jung wrote on Epros, the prosecutors’ bulletin board, it is hard to see it as a mere expression of opinion. Despite the duty of obedience as a public official, she used derogatory and contemptuous language toward her superiors. The personnel order is at the discretion of the appointing authority." They further explained, "There has never been a case where the suspension of execution was granted for a personnel order involving a public official, and even if it is not granted, the issue can still be contested in the main lawsuit. Therefore, there is no need for suspension of execution."
The presiding judge stated, "Whether the appointment of a chief prosecutor to a high prosecutor position constitutes a de facto demotion will likely be the main issue," and announced that a decision would be made within two weeks.
Within legal circles and beyond, the Ministry of Justice's recent senior personnel reshuffle has been viewed as a disciplinary measure. Prosecutor Jung has previously voiced critical opinions on major issues such as the separation of investigative and prosecutorial powers, the abolition of the prosecution service, and the decision not to appeal the Daejang-dong case.
The day after the personnel announcement, Prosecutor Jung filed both a lawsuit to cancel the personnel order and an application for suspension of execution against Minister Jeong Seongho. She argued that while the positions for chief prosecutors are stipulated by Presidential Decree, high prosecutors are not included, so transferring her without amending the decree violates Article 30 of the Prosecutors’ Office Act.
On the other hand, the Ministry of Justice maintains that, under the Prosecutors’ Office Act, prosecutor ranks are divided only into the Prosecutor General and prosecutors, so this is not a demotion but a lawful transfer as a change of assignment.
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