It seems that the disciplinary commission will not appear before the decision of constitutional disposition … In case of disciplinary cancellation demand, it is possible to request an unconstitutional legal judgment.

[아시아경제 최석진 기자] With the disciplinary committee against Attorney General Yoon Seok-yeol approaching two days in the future, it is predominantly noted that the temporary suspension filed with the constitutional petition for the Disciplinary Committee provisions of the Prosecutor’s Disciplinary Law will be difficult to get out 10 days. before the opening of the disciplinary committee.

However, it is anticipated that if actual disciplinary action is imposed after a resolution of the disciplinary committee, Yoon filed a lawsuit for the cancellation of the lawsuit and requested a request for an unconstitutional legal trial again, and the Constitutional Court ruled that the provisions they were unconstitutional.

Eight days ago, Constitutional Constitutional Investigation Officer A said: “Once the appointed court decides whether to refer (the case) to all the courts or not, taking into account the constitutional process of the constitution, which takes some time, no it is physically possible for a temporary judicial decision to be made between today and tomorrow. It seems difficult, “he said.” Even from the position of the constitutionalist, it would be burdensome to rush to decide on such a delicate matter. “

Furthermore, Mr. A predicted: “Once the disciplinary committee is opened and disciplinary action is imposed, the constitutional petition with future effect is virtually meaningless.” “There is a high possibility that the judgment of unconstitutionality will be requested through a judgment of unconstitutionality while a demand for revocation is filed in the future.” .

If the constitution suspends the validity of the provisions of the law by citing President Yoon’s request for a temporary injunction before the disciplinary committee is held on the 10th, it means that the disciplinary committee cannot be held, but it is actually unlikely.

Unlike the courts that interpret and apply laws, the unconstitutional decision of the constitution that judges whether a law violates the constitution is subject to all state agencies, including the court.

Therefore, if the Constitution cites a request for constitutional complaint from President Yun, that ‘the formation of the disciplinary committee composed of members appointed and commissioned by the minister who is the person with the disciplinary claim against the attorney general violates the right of the general to serve public affairs and equal rights’ On this basis, a disciplinary commission cannot be called against the attorney general.

However, since the Constitutional Law generally has a future effect, not a retroactive effect, except for the unconstitutional decision of the laws on criminal sanction, even if the Constitution decides to cite a constitutional petition after a disciplinary action was imposed against the President Yoon, President Yoon was not immediately relieved. it’s hard.

In the end, if the disciplinary committee decides on severe disciplinary action, such as dismissal or dismissal, and President Moon Jae-in enforces the disciplinary action against Minister of Justice Chu Mi-ae’s disciplinary claim, then Yoon will immediately file a lawsuit asking the court to cancel the disciplinary action and file a request for stay of execution. At this time, given that the premise of the trial (the outcome of the revocation action varies depending on whether the relevant provisions of the Prosecutor’s Office and the Disciplinary Law are unconstitutional), it is possible to request an unconstitutional law trial before the court.

If the court in charge of the revocation lawsuit accepts President Yoon’s request for an unconstitutional statutory trial and proposes an unconstitutional trial of the Constitution, the court’s trial is automatically suspended until it is declared unconstitutional under the Constitutional Law. If the court rejects President Yun’s request, President Yoon can directly seek a ruling of unconstitutionality in the Constitution through a constitutional petition (the so-called unconstitutional petition) in accordance with Article 68 (2) of the Constitutional Law.

The problem is that Yun’s term is less than a few months away. Considering that it takes a considerable amount of time for the court’s petition for revocation to finalize in the Supreme Court or the unconstitutional ruling of the constitution, the court’s decision on whether to suspend the execution of the case with the petition for cancellation General Yoon’s disciplinary provision is in effect. You will most likely decide if you can serve as a general manager.

Reporter Choi Seok-jin [email protected]