尹 embarked on legal action, filed suit today … ‘a question of democracy and rule of law’

Entry 2020.11.26 09:19 | Revision 2020.11.26 09:22

At 10:30 pm on the 25th, Attorney General Yoon Seok-yeol submitted an online request for the suspension of the exclusion from duties with the Seoul Administrative Court through a legal representative. Justice Minister Choo Mi-ae decided to retire from work the day before and received a “legal response” one day. The lawyers appointed Lee Seok-woong de Seowoo, a former lawyer, and Wan-gyu Lee de Dong-in, a former prosecutor, as legal representatives.

According to the legal community on the 26th, it is highly likely that Yoon will file a lawsuit with the Seoul Administrative Court and be assigned to one of the 11 settlement units. In the sense that there are five or more grounds for exclusion of duties based on the reasons of Minister Chu, it is decided by the ‘Consensus Court’ rather than the internal regulations of a single court. Court dividends are “randomly determined” as electronic dividends.

When requesting a provisional court order, the questioning date is generally set within 7 days and the decision is made within 1 to 2 weeks. The timing of the decision may be delayed at the discretion of the court, but the legal community predicts that the court will decide to accept the request for an interim injunction as soon as possible.

A lawyer from Seocho-dong said: “There was a risk of infringement of earnings due to the exercise of public power, and if time is delayed, irreparable damage may occur, and there is no reason for the court to take the time because it is a matter of public interest. “

If the court accepts the policy request, the suspension of office imposed on President Yun will be stopped. This means that until the result of the main lawsuit to determine if the disciplinary action itself is framed within the law, he will only be able to exercise the functions of attorney general on a temporary basis. It is known that Yoon is also planning to file a lawsuit to cancel the suspension of work (original lawsuit).

The variable is the ‘Disciplinary Commission of the Ministry of Justice’. It is possible that Minister Chu will quickly open the disciplinary committee and decide to fire Yun. Even if the court accepts President Yun’s request for interim injunction, there is also the possibility that the term of office will be short until the impeachment decision. In this case, Yun is very likely to face the main lawsuit to the end.

Yoon’s side is known to judge this issue as a matter of democracy and the rule of law, not a personal matter, and is planning a “trial strategy”. Violations may be grounds for disciplinary action, but suspicion in itself cannot be grounds for disciplinary action, and ex officio abuse of Minister Chu is considered highly likely.

A senior prosecutor’s office said: “President Yoon sees this problem not as an individual problem, but as a serious problem that threatens the foundations of democracy and the rule of law.”

Minister Chu is expected to deny all allegations of misconduct on the grounds, and also notes that the prosecution procedure violates ‘rules of disposition’. Previously, the Supreme Swordsman also made it clear that he was unable to respond to a face-to-face investigation, which called into question the legitimacy of the Ministry of Justice’s inspection procedure.

On the other hand, Yoon is expected to find it difficult to participate in the National Assembly’s current affairs inquiries on this day. Yoon planned to attend the general meeting of the Legislative Judicial Committee of the National Assembly the day before, which was promoted only by the power of the people. The members of the Judicial Power of the People’s Power again demanded the conciliation of the plenary session of the Judicial Committee this morning, and the legislators of the ruling party oppose it.

Earlier, Deputy Attorney General Cho Nam-gwan, Deputy Attorney General, told the judiciary members of the People’s Power of the National Assembly who visited the prosecutor the day before: line regarding the suspension of the execution of the functions of President Yun. On the suspicion of ‘Illegal Inspection of the Court of Justice’, which is the reason for the disciplinary complaint, Minister Chu said: “It was not the party that the Minister of Justice publicly ordered the inspection, but entered as a reason for disciplinary action. “

It’s the appearance that “Gumran” is becoming a reality among front-line prosecutors. After the East Busan branch, 10 locations across the country have decided to hold review meetings, and it is noteworthy whether there will be a class action at the Seoul Central District Prosecutor’s Office, the country’s largest government office. If the Central District Attorney’s Office is maintained, it will be a seven-year reign after former Attorney General Chae Dong-wook.