Honesty 2 months made by the president of the plant … 尹 “I will correct the illegal action”

◆ Yoon Seok-yeol 2 months of honesty ◆

The Disciplinary Committee of Prosecutors of the Ministry of Justice, for the first time in the history of its constitution, sanctioned the attorney general for two months with suspension, and the attorney general Yoon Seok-yeol announced on the 16th that these were “illegal and unfair “to the decision of the disciplinary committee.

Yoon released a statement about four hours after the disciplinary committee’s decision was made this morning, criticizing it as “an illegal and unfair measure that presents illegal procedures and unfounded reasons to expel the attorney general for a period.” “The political neutrality, independence and the rule of law of the prosecution have been seriously damaged,” he emphasized, “I will correct the errors in accordance with the procedures established in the Constitution and the laws.” Yoon is expected to file an administrative complaint along with a request for a stay of execution sooner or later, as President Yun expressed his disagreement against the disposition of the disciplinary committee.

Previously, the disciplinary committee admitted the allegations of damage to political neutrality, interference in the investigation and investigation of the Channel A case, and suspicion of inspection by the judge, and decided to dispose of it for two months in suspension.

On this day, the Minister of Justice plans to propose disciplinary action against Attorney General Yoon Seok-yeol. If President Moon approves the discipline, President Yoon, who will serve until July next year, will be suspended for the next two months.

Despite the disciplinary committee’s decision, President Yoon went to work that day and gave special orders to prosecutors at various levels to respond to the spread of Corona 19. The Supreme Prosecutor’s Office said, “President Yoon has instructed the prosecutors. citizens to actively use prosecution and refrain from citing investigations so that citizens do not interfere with their livelihoods. ”

Meanwhile, nine former attorneys general strongly criticized Yoon’s disciplinary action as “a major flaw for the rule of law.” This is the first time that a former attorney general has taken a class action in relation to the ‘baptismal conflict’ between Minister Chu and President Yoon. Former President Kim Gak-young, Song Kwang-soo, Kim Jong-bin, Jeong Sang-myeong, Lim Chae-jin, Kim Joon-gyu, Kim Jin-tae, Kim Su-nam, and Moon Moo-il made a statement. that day and they said: “This disciplinary procedure is too worrying that it will be the beginning of a threat to democracy and it should be stopped.” Emphasized.

[박윤예 기자 / 정희영 기자]

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First Discipline of the Attorney General in Constitutional History

Acknowledgment of 4 charges including the judge’s document
Prepared for trials against worsening public opinion
It seems that the discipline was less than expected

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As the Prosecutor and the Disciplinary Committee of the Ministry of Justice issued a two-month suspension to Attorney General Yoon Seok-yeol on the 16th, it is assessed that the provision was weaker than expected in the legal profession. It appears to be a decision that takes into account the public opinion of the disciplinary committee. However, with two months of honest disposition, President Yoon is expected to become the president of the plant for two months, and investigations such as the ‘Wolseong Unit 1 manipulation case’ are expected to be stopped for full.

At 4 a.m. on the 16th, Jung Han-jung, the interim chairman of the disciplinary committee (professor at Hankuk University of Foreign Studies, School of Law), announced that with the consent of the majority of the disciplinary committee members, had ordered a two-month suspension of President Yoon. The disciplinary committee considered that △ distribution of analysis documents to the court △ interruption of inspections related to the Channel A case △ interruption of investigations related to the Channel A case △ inappropriate words and actions regarding political neutrality were recognized as reasons for disciplinary action. On the other hand, △ Inappropriate exchanges with media owners △ There was a problem with the suspected breach of the obligation to collaborate with the prosecution, but it was decided not to use it as a reason for disciplinary action. △ The leak of surveillance information in the Channel A case △ The interference in the surveillance of the case of former Prime Minister Han Myung-sook was due to lack of evidence. It was decided.

“I decided today because it was undesirable to put off unpleasant things for a long time for people suffering from Corona 19,” Jung said. He said: “There were a lot of opinions, like six months and four months of honesty and firing, so I discussed it for quite a while.” He said: “Yes, according to the law, anyway”, to the question: “Do you agree unanimously?” Deputy General Manager Jung said it was a majority decision, leaving many possibilities open.

In the legal profession, the level of discipline is said to have been weaker than expected. Disciplinary disciplines include termination, firing, honesty, abatement, and reprimands. Initially, the result of the disciplinary committee was expected to be severe punishment, such as dismissal. This is because there is no justification to explain the push from Justice Minister Choo Mi-ae. Just before the second disciplinary committee meeting on the 15th, the ‘three months of honesty’ were widely publicized. Considering President Yoon’s term (July next year), three months of honesty does the trick.

The political burden of the disciplinary committee is noted in the context of the disciplinary action that was weaker than the “three months of honesty.” The disciplinary committees were also aware of the unfavorable flow of public opinion. Immediately after the disciplinary decision was made, Petty Officer Jung said, “People will scold me for Yang Jeong.” In particular, President Moon Jae-in’s approval rating fell to the all-time low of 30%, which was a burden on the entire passport.

Along with this, it is noted that the charges are really weak. On the 1st, the Commission of Prosecutors of the Ministry of Justice, the Administrative Court and the Meeting of the Delegation of Judges on the 7th supported Yoon’s hand. As for President Yoon’s charges, legal disputes such as a lawsuit are scheduled for the future, the disciplinary committee should be cautious.

However, it is possible to take a substantial amount from the passport with an honest arrangement of two months. For two months, President Yoon was excluded from his duties, so he was unable to investigate the ‘Wolseong Unit 1 manipulation case’. In January next year, a prosecutor is scheduled in the Ministry of Justice, so the investigation team can break down in the air. Also, high-ranking officials of the criminal investigation agency (airborne agency) can lead to the shooting of the president.

Among the members of the disciplinary committee, there is concern as to who would have played the role of “launch navigator.” It seems that Lee Yong-gu, vice minister of the Ministry of Justice, gave the third strongest opinion and served as a casting caster. The first and second strong opinions are believed to have been expressed by Assistant Manager Jeong and Professor Anjin from Chonnam National University School of Law. It is known that Shin Seong-sik, a former prosecutor, abstained from the disciplinary vote. In the disciplinary committee, if three or more members, a majority of four members, give the same opinion, it is decided according to the opinion.

However, if there is no majority opinion, the opinions most unfavorable to the disciplinary defendant are listed in order, followed by the majority opinion (that is, the third). For example, if there is an opinion of 1 dismissal, 1 6-month suspension, 1 2-month suspension, and 1 salary reduction, the third opinion, 2-month suspension, is the highest level of discipline.

General Yoon, who came to work that day, instructed the National Prosecutor’s Office to respond to the spread of Corona 19. General Yoon said: “To ensure that there is no obstacle to the livelihood of small business owners and homeowners of small businesses, actively use prosecution and refrain from subpoena investigations. ” In addition, President Yoon prepared and distributed ‘Explanatory Materials to the People’ in connection with the prosecution adjustment. It is interpreted to mean that your job gap should not interfere with the “prosecution reform” work.

Yoon is expected to file an administrative complaint with a request for stay of execution as soon as the disciplinary action is confirmed. Minister Chu is scheduled to propose the disciplinary committee’s decision on this day, and Yoon’s suspension will be confirmed with the approval of President Moon. Again, if the administrative court raises President Yoon’s hand, he can return to his job immediately.

In a joint briefing on the reform of the institutions of power, Minister Chu said: “In the new criminal justice system, we will move forward not to prosecution for prosecution, but to prosecution of the people to achieve the justice that the people want.” . They showed their willingness to complete the reform. The new criminal justice system refers to the enactment and implementation of amendments to the Police Law, such as the amendment to the Air Transport Law and the establishment of a national investigation headquarters. Minister Chu’s statements, emphasizing the “prosecution of the people,” led to the interpretation that it was directed at Yoon, who was suspended for two months by the disciplinary committee.

[박윤예 기자 / 정희영 기자][ⓒ 매일경제 & mk.co.kr, 무단전재 및 재배포 금지]