Ministry of Justice on Jung Yumi's "Demotion": "No Issue with Transfer as She Is a Suspect in Information Leak"

From Chief Prosecutor to High Prosecutor (Deputy or Division Chief Level)
Jung Yumi Files Lawsuit Claiming “Demotion Due to Disfavor”
Ministry of Justice: “A Measure by the Appointing Authority, Not Disciplinary Action”

It has been confirmed that the Ministry of Justice submitted a written statement to the court asserting that the recent transfer of Chief Prosecutor Jung Yumi (30th class of the Judicial Research and Training Institute), who was effectively demoted from the chief prosecutor level to a high prosecutor position, was a legitimate personnel reassignment.

Chief Prosecutor Jung Yumi Appears for Hearing on Suspension of Personnel Order Execution. Yonhap News

According to the legal community on January 2, the Ministry of Justice’s legal representative submitted a preparatory brief containing this argument to the Seoul Administrative Court’s Administrative Division 5 (Presiding Judge Lee Jeongwon) on December 31, during the hearing on Chief Prosecutor Jung’s application for suspension of the execution of her demotion order.

The Ministry of Justice stated that since Chief Prosecutor Jung had been booked as a suspect in connection with the leak of investigative information in the so-called “Myung Taegyun Gate” case while serving as the head of the Changwon District Prosecutors’ Office, the principle of protection of trust was not violated. They also emphasized that the transfer was not a disciplinary action, but a measure that the appointing authority is entitled to take. It was also reported that the Ministry cited previous cases where other chief prosecutors were transferred to high prosecutor positions.

Previously, in her preparatory brief to the court, Chief Prosecutor Jung argued, “Based on precedent, I expected to serve as a research fellow at the Legal Research and Training Institute for at least two years, but I was transferred after only five months,” and claimed, “The Ministry of Justice abused its discretion by violating the principle of protection of trust.”

She further argued, “It was highly inappropriate for the personnel decision to be made based on an individual’s expression of intent,” adding, “Because this unusual personnel move was widely reported in the media, I, who have worked diligently and faithfully in the prosecution for 25 years, have drawn significant public attention and suffered damage to my reputation.”

On December 11, Chief Prosecutor Jung was reassigned as a high prosecutor at the Daejeon High Prosecutors’ Office during the Ministry of Justice’s senior personnel reshuffle. This effectively amounted to a demotion from a chief prosecutor (prosecutor general level) to a high prosecutor (deputy or division chief prosecutor level) position.

The legal community and others have described this senior personnel move by the Ministry of Justice as a de facto disciplinary measure. Chief 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 withdrawal of appeals in the Daejang-dong case. The day after the personnel announcement, Chief Prosecutor Jung filed a lawsuit against Minister Jeong Seongho seeking the cancellation of the personnel order, along with an application for suspension of execution.

The Ministry of Justice maintains that, under the Prosecutors’ Office Act, prosecutors are classified only as the Prosecutor General and prosecutors, so this was not a demotion but a lawful reassignment of duties.