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The legal community “The citation fees are high in cases of request for stay of execution”
KBS president Jeong Yeon-ju was fired
Attorney General Yoon Seok-yeol will enter the Daejeon District Attorney’s Office to meet with prosecutors in Daejeon on the afternoon of the 29th of last month. Yunhap news.
When Attorney General Yoon Seok-yeol, who was subject to a disciplinary lawsuit and exclusion from his duties, announced a legal response, the greatest concern arose about how the court would judge the action taken by Minister Choo Mi-ae. Since the trial for stay of execution requesting the suspension of the administrative disposition until the end of the trial generally concludes in one week, it is expected that the result of the first victory or defeat of the exclusion of the office of the attorney general in office will be describe from next week.
The request for stay of execution, which will likely be issued by President Yoon, is a judgment asking the court to temporarily stay the execution while a lawsuit for cancellation of the administrative provision is filed. The purpose is to prevent urgent damages that may occur before the formal legal judgment (original claim) is received, a hearing is held within a few days, and a decision is made without delay.
Unlike the main case, the biggest problem in the request for stay of execution is whether or not “irrecoverable damage occurs if the execution is not suspended”. The Supreme Court considers “ damages that are difficult to recover ” specifically as △ damages that cannot be financially compensated △ or tangible or intangible damages that are difficult to bear as financial compensation. If not at this point, it is the case when the court subsequently annuls the administrative provision through the main decision and it does not make practical sense.
In the legal community, the opinion prevails that there is room for the court to admit it as a “damage difficult to recover” if it involves the exclusion of the attorney general from functions subject to the permanence system. This is because if the decision of the disciplinary committee is made for the purpose of deprivation of office and the main claim is prolonged requesting the cancellation of the case, the remaining part of the two-year term guaranteed by law cannot be effectively covered. and damages cannot be recovered later. . A lawyer with extensive experience in administrative litigation predicted that “even if Yun wins on the main bill, the mandate during the trial is not recoverable, so it is very likely that the stay of execution will be cited unless it is clear that their violation is clear. “
Assuming that “damage cannot be recovered” is shown to some extent, the citation rate for stay of enforcement requests is said to be higher than in other administrative and civil lawsuits. A superior court judge with administrative court experience said: “If it is an administrative measure to pay fines or taxes, the money can be returned later, but the case of business suspension and the case of suspension are different. Exclusion can also correspond to ‘damage that is difficult to recover’ ”. This means that the social ramifications that the attorney general has been vacant due to a disciplinary lawsuit can work in Yun’s favor.
On the contrary, if you turn this around, if the court accepts the request for stay of execution, the effect of the disciplinary action and the exclusion of functions promoted by Minister Chu could result in the loss of his power regardless of the original claim. This is because, after the stay of execution is cited and Yoon regains power, the outcome of the main lawsuit is likely to come only after the end of his term (July next year).
It is rare that a high-ranking public official or the head of a body designated by the president has filed a request for stay of execution related to their duties. However, in the case of KBS chairman Jeong Yeon-ju, who was fired at the time of Lee Myung-bak’s administration, there was a case where the Seoul Administrative Court rejected Chung’s request to suspend the execution. At that time, despite the fact that both the first, second and third trials ruled that the dismissal was invalid, the request for suspension of the dismissal was not accepted.
Choi dongsoon reporter [email protected]
Choi Na-sil reporter [email protected]
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