Preventing the regime’s investigation and avoiding obstacles in layoffs … Growing Suk-yeol Yoon’s honesty

Four disciplinary members who will decide the disciplinary action of Attorney General Yoon Seok-yeol at the Prosecutor’s Disciplinary Committee to be held again on the 15th. From the left of the photo, Han-jung Jeong, professor at the Law School of the Hankuk University of Foreign Studies, serving as the official representative of the disciplinary committee, Professor Anjin, professor of law at Chonnam National University, Yong-gu Lee, Vice Minister of Justice, and Seong-shik Shin, head of the Office of the Supreme Prosecutor. [연합뉴스]

While the Prosecutor’s Disciplinary Committee against Attorney General Yoon Seok-yeol is scheduled for the 15th, it is noted that the level of disciplinary action will be determined as ‘honesty’. Under the Prosecutor’s Discipline Law, suspension is possible for one to six months, but the prospect of it being decided in two to three months is gaining compelling power in the legal profession. It is believed that the passports, such as that of the Blue House and that of Minister Chu, were aimed at stranding a large investigation directed at the current regime, and to capture two rabbits that also guarantee the attorney general’s office.

On the 14th, inside the prosecutor’s office, Han-jung Jeong, a professor at Hankuk University of Foreign Studies Han-Jung School of Law, said, “6 months of honesty.” There is a possibility that there is a high possibility of giving a “withdraw later” opinion. The Blue House even talks about insisting on three months of honesty against President Yoon, but the fact is not confirmed. Park Ju-min and Seol-hoon, as well as Democratic Party lawmakers, predict that they will be decided one after another as “honesty” on their passports. The remarks of the ruling party legislators comments, “Is it not possible to create public opinion by setting the direction to be honest?” They come from legal and political circles.

Disciplinary action is possible if only 3 of the 4 disciplinary members who participate in the disciplinary committee approve. Opinions on the disciplinary level can be divided. The disciplinary level is divided into five categories: firing, firing, suspension, cuts, and reprimands. If the disciplinary members do not agree, an attempt is generally made to reach an agreement, but if each member sticks to their opinion to the end, the prosecutor’s disciplinary law is followed. Article 18 of the Disciplinary Law of the Prosecutor’s Office establishes that “ when opinions are divided when a disciplinary decision is made and the majority of the members present, the most favorable opinion is added to the number of opinions most unfavorable for those suspected of disciplinary sanction up to the majority of the members present. It is decided to continue. If the internal expectations of the previous prosecutor’s office are correct, there is a high possibility that “2 to 3 months of honesty” will be decided according to the Law of Discipline of the Prosecutor.

If two or three months of suspension are approved, it could undermine investigations directed at the current regime, such as the case of the Wolseong nuclear power plant and the case of electoral intervention of the mayor of Cheong Wa Dae Ulsan. With two to three months of honesty, President Yoon’s advance to politics after tying his hands and feet can be prevented by the so-called ‘Ban on Running for President Yoon Seok-yeol’. On the 11th, the chairman of the Open Democratic Party, Choi Kang-wook, proposed the ‘Amendment to the Law on the Prosecutor’s Office and the Law on the Organization of Courts’ which requires practicing prosecutors and judges to resign one year before running as candidates for elections to public office. Representative Choi heard that the former Chief Judge of the Gwangju District Court, Jang Dong-hyuk, who was in charge of the trial of the criminal case of Chun Doo-hwan, was nominated by the Future Integration Party (the predecessor of power popular), but in politics, he is considered the next president. The law has been criticized for targeting Attorney General Yoon Seok-yeol.

If a 6-month suspension is decided, the effect is expected to be the same as that of the dismissal. Yun’s term in office is until next July. The position is said to be suspended until June next year for a six-month suspension, but it appears that he will immediately retire from his position due to dismissal, in effect, retiring from the post of president general.

Attorney General Yoon Seok-yeol. [연합뉴스]

From a passport point of view, there is less risk of being suspended than of being imposed. An impeachment decision may face criticism that it “undermined the attorney general’s mandate and political independence.” Members of the disciplinary committee are also overwhelmed by such criticism. Professor Jeong Han-jung said, “I know there are a lot of negative comments.”

In particular, when taking a dismissal decision, it is also necessary to consider that there is a relatively high probability that the court will decide to stay the execution compared to the stay case. General Yoon announced that no matter what the disciplinary level is, he will file a main lawsuit with the request for stay of execution. The lawsuit filed by President Yoon will be taken up by the Seoul Administrative Court. A front-line judge who had worked at the Seoul Administrative Court said: “Since the dismissal is a question of the right to live of the disciplinary suspect, there are many cases of citing the request for stay of execution and raising the suspect’s hand disciplinary in the main lawsuit. ” The Ministry of Justice savored the humiliation of the Seoul Administrative Court on the 1st of last month for Justice Minister Chu Mi-ae to suspend the effect of the order to suspend the execution of his duties against Yoon on the 24th of last month. At the time, the court stated in its decision that “ a deviation or abuse of the minister’s discretion is subject to judicial review. ”

Reporter Jung Yujin [email protected]