[ad_1]
Impact of tenure according to the judgment of the Constitution and the Court
When the Constitutional Constitution is cited
The formation of the disciplinary committee itself can be blocked.
‘Application to avoid Vice Minister Lee Yong-gu’ is also a variable
Before the Prosecutor’s Disciplinary Committee, which will determine the fate of Attorney General Yoon Seok-yeol, the ‘water fight’ between General Yoon and Minister of Justice Chu Mi-ae is reaching its peak. On the 4th, President Yoon filed a constitutional petition and resolution request in the Constitutional Court on the 4th, saying that if a disciplinary committee is formed in accordance with the current prosecution and discipline law, a fair deliberation cannot be expected. In response, the Ministry of Justice established a confrontational dispute, such as filing an appeal against the court that decided to return to President Yoon’s office. Also, it is unclear if the disciplinary committee will take place as scheduled on the 10th, as Yoon’s side is known to be filing a request to evade Vice Minister of Justice Lee Yong-gu, a member of the disciplinary committee. When the war of external nerves on both sides reached its peak, it was impossible to see the results of not just holding the disciplinary committee.
viewer
The first variable is the request for a precautionary measure and the appeal filed by both parties. In the legal community, there is no disagreement that it is physically difficult for the constitution judgment to go before the disciplinary committee on the 10th, as it generally takes a long time for constitutional requests. However, there is the possibility that a request for a precautionary measure requesting the suspension of the disciplinary committee procedure until it is determined whether it is unconstitutional or does not come out 10 days in advance. In this case, the disciplinary commission may be convened based on the constitutional decision. This is because if the constitution cites a request for interim injunction, the formation of the disciplinary committee itself will not be easy. According to the Law on the Discipline of the Prosecutor, the number of members of the disciplinary committee is seven, and the Minister of Justice and the Vice Minister of Justice participate as a matter of fact. The rest is filled with ready-to-use figures nominated by the minister (two prosecutors) or commissioners (one each, including a lawyer, a law professor and a person with great knowledge and experience). If the constitution judges it as an appointment, then Minister Chu cannot appoint the prosecutor as a member of the disciplinary committee. Also, if an OTC person with a three-year term resigns from the disciplinary committee, Minister Chu cannot appoint a new one. In fact, the formation of the disciplinary committee itself could be blocked. The time is until the constitution deems it unconstitutional, so it is practically impossible to maintain it within this year. However, there is the possibility that the constitution withholding the summons or dismissal of a provisional court order.
The immediate appeal against the Seoul Administrative Court issued by the Ministry of Justice on the 4th is also a variable ahead of the disciplinary committee. The Justice Ministry said: “We face concerns that the confusion of the administration, the Justice Ministry and the prosecutors, and the divisions and conflicts of the people will be exacerbated by the court’s decision.” If the court overturns the first decision and admits Yun’s suspension from office is legitimate, the disciplinary committee will get a boost. On the contrary, if the cassation appeal is dismissed, criticism will inevitably increase that the Ministry of Justice, which received a score of ‘2 games and 2 losses’ in court, forced to enforce the disciplinary commission. A legal official said: “If the court officially receives the appeal on the 7th and assigns it to the court, there is enough time for the court to make a conclusion up to 10 days before the disciplinary committee opens.”
Furthermore, it is difficult to conclude that holding the disciplinary commission is difficult because General Yoon’s side announced a request to evade this loan because it is “difficult to ensure political neutrality.” This is because it is difficult for the disciplinary commission itself to be held if the deputy minister, who is an official of the disciplinary commission under the Law on Prosecution and Discipline, does not participate. If a person subject to disciplinary action requests that a disciplinary member be challenged for lack of neutrality, the rest of the disciplinary members present shall cast a majority vote. On the 4th, while Vice Minister Lee was attending the National Assembly on the 4th, journalists were caught saying, “The constitutional wish is a handshake” to President Yoon in the ‘Telegram’ chat room. In addition, since the former Minister of Commerce, Industry and Energy Paik Woon-gyu acted as defense in case of suspected manipulation of the economic viability of the Wolseong Nuclear Power Plant, Nuclear Power Plant No. 1, the disciplinary committee should assume the responsibility to pass judgment on whether it is politically neutral or not. / Reporter Son Gumin [email protected]
< 저작권자 ⓒ 서울경제, 무단 전재 및 재배포 금지 >
