The new deputy minister decided not to act as disciplinary chairman Legitimacy of the procedure of President Wen (general)



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Attorney General Yoon Seok-yeol goes to work

explanation of the imageAttorney General Yoon Seok-yeol goes to work

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President Moon Jae-in took steps to prevent Deputy Justice Minister-designate Yong-gu Lee from serving as acting chairman of the disciplinary committee in the Ministry of Justice’s disciplinary committee against Attorney General Yoon Seok-yeol, scheduled for 4 .

Whereas if this nominee leads the disciplinary committee, disputes over fairness can arise, the source is blocked and emphasis is placed on ensuring procedural justification.

A senior Blue House official explained in a phone call with Yonhap News on the 2nd: “I left a hint in advance for President Moon not to take over as chairman of the disciplinary committee while greeting the vice minister of justice.”

Originally, the position of chairman of the disciplinary committee was assumed by Attorney General Chu Miae.

However, this time, Minister Chu was not allowed to participate in the disciplinary committee as a disciplinary complainant, and as a result, some observations have been raised that the nominee is acting on behalf of the office.

At the same time, it was analyzed that if this nominee, who was ‘selected’ by President Moon, leads the disciplinary committee, the intentions of President Moon and Minister Chu are strongly reflected in the discussion.

President Moon’s exclusion of this candidate from the president’s office that day can be seen as a means of allaying these concerns.

A senior Blue House official also said: “President Moon believes that it is more important that the disciplinary process is carried out fairly and equitably rather than quickly.”

It is interpreted that if President Yoon asked for more time to prepare for a specific vocation, it could also be positively accepted.

In this way, President Moon’s approach to ensuring there are no procedural flaws appears to reflect internal judgment only when the president executes the decision made by the disciplinary committee, as required by current law.

Article 23 of the Fiscal Discipline Law establishes that “in the event of dismissal, dismissal or reduction of salary of a prosecutor, the president will do so at the request of the Minister of Justice.

In other words, the Blue House explained that if the disciplinary committee determines the level of disciplinary action, it is impossible for the president to reject the application or increase or decrease the level of disciplinary action.

The controversy remains even if President Moon approves discipline against President Yoon in accordance with legal procedures.

Because the act of approving the disciplinary committee’s decision under the Prosecutor’s Disciplinary Law is a kind of “ membership determination ”, it is expected that a backlash from President Yoon is expected, as the president’s will may not. be included.

In the end, the perspective prevails that if the decision to fire or fire the job, Yun will enter a lawsuit requesting the nullification of the disciplinary action.

In this case, President Moon is expected to deliver a message about the conflict between Justice Minister Chu Mi-ae and Yoon, including President Yoon’s discipline in some way.

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