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Decided to suspend the execution of the “2-month suspension”
President Yun “I will do my best to maintain the constitution”
Court “Incomplete disciplinary process”
Prosecutor Yun Seok-yul will attend the Supreme Prosecutor’s Office in Mizukusa neighborhood on the afternoon of 1 this month to answer questions from interviewers / Union News
Prosecutor Yun Suk-yul has returned to work eight days after President Moon Jae-in’s “two-month suspension” disciplinary action. The Seoul Administrative Court granted a stay of execution petition, which President Yun was dissatisfied with with the disciplinary action around 10 pm on the 24th. This is the second return to work following the court’s decision to stay the execution of functions the 1st. The effect of the first disciplinary action against the president of the prosecution was suspended by a court decision, and President Moon, who approved it, was also affected. Immediately after the decision to stay the execution, President Yun said, “I am deeply grateful for the judicial decision. I will do my best to protect the constitutional spirit, legalism and common sense.” Was. On the other hand, the presidential office said: “There is no announcement of the position.”
Lee Ok-hyun (left), a lawyer from the Legal Department side, and Lee So-gun, a lawyer from the prosecutor’s office side, will hold a second hearing on the stay of stay of execution against President Yun in the afternoon of the 24th of this month. Trying to enter the Seoul Administrative Court in Kusa Ward / Union News
After completing the second hearing on the same day, the Administration Department of Seoul Administrative Court 12 (Judge Hong Soonuk) said, “The two-month suspension from work by the president will be 30 days from the date of the judgment of the case of request for cancellation of disciplinary action. It will cease to be effective until “. The decision is to suspend the execution of the disciplinary action against President Yun until 30 days after the first instance decision on the case brought by President Yun seeking to cancel the disciplinary action itself.
The court said the “Sentencing Political Trends Analysis Document” that President Yun had ordered to be prepared was “highly inappropriate, but additional clarifying material is needed” and “interfered with the inspection and investigation of the Channel A case.” There is room for dispute, and sufficient judgment must be carried out in the trial of this case. “He added that” it is difficult to conclude that there is no possibility of winning the claim if we add the fact that the disciplinary action procedure was inadequate. in the voting process of the request for rejection of the disciplinary commission. “In addition, regarding the inappropriate conduct of President Yun regarding political neutrality, it decided that” the justification of the Ministry of Justice alone does not recognize any disciplinary motive and requires additional judgment. “
The court said that “it is correct to suspend the effect of the disciplinary action in the same case,” considering that the disciplinary action would cause irreparable harm to President Yun and the urgency to prevent harm. Was Judge. However, it did not accept the claim of the Ministry of Justice that “disciplinary action is the exercise of the personal rights of the president, and if the suspension of execution is allowed, it can harm the public welfare, such as the division of national opinion , and threaten the fair exercise of prosecution rights “. ..
After the 22nd of this month, in a rare additional hearing on the same day, President Yun and the Ministry of Justice fought for the legitimacy of the disciplinary action. At the hearing on the same day, President Yun insisted that “this discipline violates political neutrality and independence and, in particular, seriously undermines legalism.” In his closing statement, Yun’s lawyer, Lee Wang-kyu, said it was a “landmark case in which he wondered what legalism is” and asked the court for a “wise decision”, ultimately winning the decision to suspend the execution.
Reporter Cho Union (Inquiries [email protected])
HJ translation
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