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Entry 2020.12.17 17:47
According to law enforcement officials on the 17th, President Yoon plans to file a complaint with the Seoul Administrative Court on the afternoon of that day by electronic complaint. They plan to request both an administrative claim against a two-month suspension and a suspension of execution requesting that the disciplinary effect be suspended until the first trial of the main claim is concluded.
This is the second request for a stay of execution submitted by President Yun to the Administrative Court this month. Previously, President Yoon submitted a request for suspension of the ban from duties on the 1st. This is because Justice Minister Choo Mi-ae requested disciplinary action against President Yoon on November 24 and made the decision to exclude his duties.
The three requirements for a stay of enforcement by the court are ▲It is not clear that there is no reason for the request for the main invoice ▲ There must be a risk of damage that is difficult to recover ▲ There is no fear of causing a significant impact on public welfare
At that time, the Seoul Administrative Court The fourth administrative division (the presiding judge Jo Mi-yeon) raised President Yoon’s hand and judged Chu’s disposition to be “a loss that is difficult to recover from the exclusion of duties.” They also saw that the independence and political neutrality of prosecutors cannot be maintained if the attorney general obeys the command and supervision rights of the Minister of Justice. Furthermore, he noted that even if Minister Chu had discretion over the Attorney General, the exercise of discretion should be under more stringent requirements.
Deputy Judge Cho said, “If the job suspension of the applicant (Attorney General Yoon Seok-yeol) continues, the result is practically the same as firing the applicant.” “It is losing sight of the purpose of related laws and regulations such as the Law of the Prosecutor’s Office, which was set for a single term,” he said.
However, President Yoon’s request to stay the execution this time is evaluated as different from the previous one. In the case of suspension of the exclusion of functions, the disposition was only possible by the ex officio of the Minister. However, this provision related to suspension was formally received by President Moon Jae-in through the disciplinary committee. Among the three requirements to determine the stay of execution This is a change in the “public welfare”.
For this reason, it is observed that how the court will judge “there will be no fear of having a significant impact on public welfare” will be a key issue in the suspension hearing.
On the other hand, President Yoon said immediately after the two-month suspension was imposed on the 15th. “The political neutrality, independence and the rule of law of the prosecution have been seriously damaged,” he said, and “I will correct errors in accordance with the procedures established in the Constitution and the law.” On the 16th, the day after the disciplinary committee’s decision came out, Minister Chu invited President Moon to approve the decision.
