[ad_1]
 |
|
| ▲ President Moon Jae-in passed a “two-month suspension” disciplinary bill against Attorney General Yoon Seok-yeol on the 16th. At President Moon’s home, the unprecedented disciplinary procedure for the Attorney General was completed and As a result, Yoon was suspended from his duties for two months. The photo shows President Moon and President Yoon at the Fair Society’s 6th Anti-Corruption Policy Council held at the Blue House on June 22. | |
| Ⓒ Yonhap News |
See related photos |
Attorney General Yoon Seok-yeol began his displeasure with the disciplinary action through a legal response as announced.
On the 17th, attorney Wan-gyu Lee, special counsel for President Yoon, said that he will file a request for stay of disciplinary enforcement and a request for invalidation of disciplinary action, which is the main case. The principal plans to complete the draft at 5:30 pm the same day and submit it via electronic demand.
Yoon Suk-yeol’s side emphasizes ‘irreparable damage’ and suspends execution + disability disciplinary claim
As it is a disciplinary action approved by the President through a face-to-face report from the Minister, it is analyzed that the objection itself will soon surface as a political conflict between the Attorney General and the President. Yoon was reported to have received a notice from prosecutors and Justice Ministry staff at 8:30 pm on the 16th, containing a notice containing the president’s order for disciplinary action.
Considering Yun’s term of office is next July, if a request for stay of execution is cited, Yun will be able to serve as attorney general until the main lawsuit is finalized. An official of the prosecution <오마이뉴스>In a phone call with him, he said, “(Request for stay of execution) is a story that will not be punished,” he said. “Suspension and discipline are different stories because the president’s residence has been raised.”
The stay of execution strategy does not seem much different from that of the suspension of functions in January. On the 17th, attorney Lee told legal reporters: “There was a loss that was difficult to recover, so (the stay of execution) was urgent, and in explaining this part, I will inform you about the illegality and injustice of the process. disciplinary”. “Said.
“Damages that are difficult to recover,” which is a requirement for stay of enforcement under the Administrative Procedure Act, means “losses that cannot be compensated with money unless there are special circumstances.” This is why attorney Lee mentioned the ‘salary’ for a two-month suspension. He referred to “the attorney general’s position” as the basis for the “need to stop urgently” for damages that may occur if discipline is not stopped immediately.
In general, in the case of a public official, if the disposition is canceled and the loss is difficult to recover, it is necessary to pay the salary, but this case is to suspend the office of the president, so the Korean Prosecutor’s office it is suspended for two months. “Would it be possible to recover with a salary of two months?”
The situation is different from the previous ‘suspension of functions’ … Direct confrontation between President and Attorney General
 |
|
| ▲ Attorney General Yoon Seok-yeol, who announced the policy of legal response to the two-month suspension of the Disciplinary Committee of Prosecutors of the Ministry of Justice, enters the Supreme Prosecutor’s Office in Seocho-gu, Seoul, on the afternoon of the 16th. | |
| Ⓒ Yonhap News |
See related photos |
However, the situation is very different from when the Seoul Administrative Court cited the stay of execution for exclusion from President Yoon’s duties on Day 1. At that time, the court did not make a direct judgment on charges of disciplinary action, saying, “The reason for the disciplinary action in this case cannot be considered a ground for disposition.”
Since the direction of the stay of execution is determined according to the way the court accepts the disciplinary committee’s conclusion, it appears that President Yoon’s lawyers are also focusing on “no disciplinary grounds” from the stay stage. . The burden on the courts to reassess matters that have come to the president’s residence increases as well.
Lee said: “If you look at the content of the resolution (of the Disciplinary Committee), it is just speculation,” he said and refuted that “they admitted without evidence, and that there is a problem in acknowledging the facts. In particular, he refuted, saying, “In exercise of the command of the president”, in the disciplinary sentence related to the obstruction of the investigation and investigation of the Canal A.
On the other hand, there are seven cases in total, including two court cases related to Yoon’s disciplinary action. In addition to the case in which Yun’s party filed a constitutional petition and a request for provisional injunction by presenting the unconstitutionality in the accusation and the disciplinary law itself, there was also a case in which the Ministry of Justice opposed the summons of the suspension of the exclusion of functions of the Seoul Administrative Court and immediately appealed to the Seoul High Court.
