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The court ruled that if Yoon’s work was suspended, it would not only harm President Yun, but also the political neutrality and independence of the prosecution. He pointed out that this exclusion of functions ignored the object of the law that guaranteed the mandate of the attorney general. Reporter Lim Seong-ho reports. Several requirements must be met for the suspension of the exclusion of functions requested by President Yun to be recognized. The main agenda must be an ongoing cancellation lawsuit, and there must be a risk of serious harm or the need for urgent prevention. First, the court found that Yoon suffered “difficulties in recovering damages” by order of Minister Chu Mi-ae. As General Yoon was unable to perform his duties as attorney general and prosecutor, it was deemed that he would suffer tangible and intangible damages for which financial compensation was impossible. Furthermore, even if Yun wins in the main lawsuit in the future, it is believed that such damage cannot be recovered. The court also admitted that there is an urgent need to seek suspension of effect, since the suspension of President Yun’s office actually has the effect of severe disciplinary action, such as dismissal and honesty. In particular, he noted that if the suspension of office continues, it is the same result as the de facto removal of President Yun until the expiration of his term next year. Minister Chu argued that it would be useless to decide whether to stay the execution in a situation where a disciplinary decision against President Yoon was imminent, but the court did not accept that it was impossible to put him in an uncertain state without knowing when the disciplinary procedure would end. . The court’s decision did not determine whether Chu’s disciplinary claim or Mr. Yun’s exclusion was legal. However, it is evaluated that it does not have much significance because it is the first official sentence of the court in the middle of the extreme confrontation between the two. This is YTN Seongho Lim. ※ ‘Your report becomes news’ YTN awaits your valuable report.
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