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This is the first conclusion on the unprecedented ‘Attorney General discipline’.
It appears the court has also decided ‘you need a careful and in-depth hearing’
Decided whether to return on the 24th … Possible early next week
The court held an interrogation date on the 22nd to determine whether the effect of the disciplinary action of ‘two months of honesty’ against Attorney General Yoon Seok-yeol was temporarily suspended, but decided to proceed once again on the 24th without end the hearing. As it was the first judgment on the unprecedented situation in the constitutional ideology of ‘disciplinary action by the current attorney general’, the court also expressed its grievance that it should be cautious. As a result, the decision was made only on the night of the 24th, no matter how early, whether or not Yun’s return to office was expected, which was initially expected to conclude on the night of the 22nd or the 23rd.
The Twelfth Division of the Seoul Administrative Court (Director Soon-Wook Hong) decided to hold the second hearing on the 24th at 3pm on the 24th after an interrogation date of 2 hours and 16 minutes for the case of the request for suspension of the execution of the disciplinary action issued by President Yoon at 2 pm made. At the same time, the Ministry of Justice Choo Mi-ae and General Minister Yoon ordered that each questionnaire be sent and answered by the next deadline. The court is known to have also requested an explanation of the appropriateness of the disciplinary action itself, such as how much hearing is needed in the future lawsuit, a detailed explanation of the reasons for each disciplinary action, and the purpose of the ‘court analysis document’ .
It is not uncommon for an additional questioning date to be held in the case of a stay of execution request in which the effect of a state agency disposition is temporarily suspended. At the discretion of the Court, the parties may be asked to appear in writing or it may be decided to continue with the interrogation. A lawyer with extensive experience in administrative litigation said: “At the request of the representatives of both parties, we are celebrating more deadlines and there are quite a few submissions at the second hearing.”
However, the interrogation of the request for suspension of the execution of the exclusion of functions held by President Yoon on the 30th of last month was evaluated as an ‘unexpected result’ in that it ended once. In particular, there are many analyzes that should be noted that this time, additional questioning was conducted according to the court’s decision, not at the request of Minister Chu or President Yoon. On this day, the judge said: “There are areas that need more questioning. The applicant and the defendant requested further arrangements.
Therefore, it is noted that the fate of President Yoon will be decided in the future through the second interrogation on the 24th. An experienced judge working in the administrative court said: “It appears that the judiciary has determined that this is the desirable direction. make a decision after opening the hearing period further and then make a decision. ” I couldn’t hear the rebuttal, so I would have had to call the court one more time. ”Today’s interrogation was a“ first battle, ”meaning the hearing on the 24th will be“ the main game. ”
In fact, lawyer Ok-hyung Lee, legal representative of the Ministry of Justice, said after questioning that day: “The court said that this case is’ in fact, it is no different from the disciplinary revocation demand, so it’s hard to simplify. ‘ “A deeper hearing will be held. I think it seems. “General Yoon’s lawyer, Gyeong-sik Son, also said,” Since most of the materials that were rejected after applying to the disciplinary committee of the Ministry of Justice have been presented, it seems to be the purpose of explaining this part more precisely on the next date. “
Some analysts say they should pay attention to setting the date of the second interrogation “two days later.” A superior judge of a higher court interpreted: “It is very rare to set the next due date so quickly” and “It seems that the court was willing to make a decision early next week.” It is a general observation that a judicial decision will not come out late in the afternoon of the 24th or as early as the afternoon of the 24th, but rather it is an opinion that puts weight on the fact that the final decision will be made around the 28th and 29th, considering the procedure of “ writing the decision and reviewing the text of the superior judge ”. .
Jooyoung yoon reporter [email protected]
Choi Na-sil reporter [email protected]
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