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On the 20th, the Chief of the Supreme Prosecutor’s Office of the Supreme Prosecutor’s Office, Dong-soo Han, cited the Supreme Court case and emphasized that the two-month disciplinary action was at the discretion of the state and was legitimate for misconduct charges. from Attorney General Yoon Seok-yeol.
Manager Han posted a post on Facebook that day, saying, ‘I want to do my job as the chief prosecutor’s office,’ and said, “The nature of disciplinary action for public officials, as opposed to punishment, is an activity (prevention general) to establish order and discipline for public officials. “I understand,” he said, “impeachment is an activity to enforce a disciplinary action, which is an administrative sanction imposed by the state on the condition of an employer.”
Han then cited relevant Supreme Court precedents, such as “ disciplinary action is left to the discretion of the disciplinary authority ” and “ disciplinary provision is illegal only when it is recognized as abusive of discretion because it is notably lost. in social wisdom. ” .
He also noted that, referring to the Haechi-sang, which was installed in the great swordsman’s lobby on May 1, 1999 and then moved out of the building, he noted that “we must be on the lookout for unsuspecting and superstitious accidents that blame sculpture the anger of the attorney general. ” .
That year, when the attorney general was arrested, the public opinion that “ the prosecution suffers because the single horn on the head of the hatch strikes the offices of the sword-in-chief officers, ” the great swordsman moved the statue of Haechi to the park inside the government building.
Full text by Han Dong-soo, Chief of the Supreme Prosecutor’s Office
[저는 대검 감찰부장으로서 본연의 업무를 다하고자 합니다]
1. Inspection is an activity for the purpose of maintaining order and discipline in the relationship of public officials, detecting cases that violate the duties of public officials and enforcing disciplinary action, which is an administrative sanction imposed by the status to the status of an employer. Unlike punishment, the nature of discipline is understood as an activity (general prevention) to establish order and discipline of official public relations rather than retaliation (retribution) for misconduct and enhancement of the victim’s rehabilitation ( special prevention).
2. The precedent of the Supreme Court also stated: “Disciplinary action against a public official is a sanction that is imposed in order to maintain the order of public official relations and fulfill his duties as a public official in case of infraction or other misconduct of the public official. It is at the discretion of the disciplinary authority to decide what type of action should be taken if the disciplinary person who is a public official is subject to disciplinary action on grounds of disciplinary action. It is illegal only in cases in which it is recognized that it has abused the discretionary power entrusted to the government (Supreme Court of March 27, 1992, judgment 91nu9145) ”.
3. Sukjeong (肅 正) in the Supreme Court ruling means “rectifying an object or discipline by strictly governing it.” There is a sculpture of a hatch (photo) on the side of the promenade on the side of the great sword. It was originally installed in the 1st floor lobby of the Supreme Prosecutor’s Office, but after the attorney general was arrested and something bad happened, it was moved to a remote location outside the building and its horns were placed in front of the Supreme Court.
As in front of Gwanghwamun or the National Assembly, it is common for the Haechisang to serve as a guard against insiders by standing at the main door of the government building. Wouldn’t it be necessary to watch out for superstitious and unsuspecting accidents that blame the sculpture for the attorney general’s anger? To maintain the discipline of the organization, I also present an image of the Great Sword Haechisang, as it would be nice to bring the Haechi-sang, the embodiment of law and justice, back to the original lobby of the Supreme Prosecutor’s Office, respecting the will and loyalty of the person who made it and the person who donated it. As for Haechi-sang, I hope that all members of the prosecution can humbly fulfill the original duty of the prosecution to maintain a just society. Above all, it is a beautiful work that is true to historical evidence and conveys the spirit of Haechi.
Reference. “The system of erecting a statue of Haechi in front of the palace gate has existed since the early days of China. Its meaning is to let officials, large and small, shake the dust from their minds and deal with everything in accordance with law and justice with a conscience of self-defense ”(during the stone cushions and palace decorations).
Reporter Hao Soo-min [email protected]
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