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In case of summons, immediately return, if rejected, ‘General Plant’
The reason for the action and the disciplinary procedure, etc., seems to be heard … Conclusion already today
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Today is the interrogation on the stay of execution, which was requested by Attorney General Yoon Seok-yeol in opposition to the two-month disciplinary measure on the stay. If the court cites the request, President Yoon will return immediately, but if he is rejected, he will be relegated to the general general in February of next year.
The 12th Administrative Division of the Seoul Administrative Court (Deputy Judge Hong Soon-wook) will open the date of the hearing for the stay of the execution of the disciplinary action brought against the Minister of Justice Choo Mi-ae by General Yoon at 2 pm this afternoon. On the 17th, the day after the disciplinary action was confirmed at the home of President Moon Jae-in, Yun filed an administrative complaint requesting the annulment of the disciplinary action and a request for suspension of execution, arguing the injustice of the Discipline Committee. of the Prosecutor’s Office of the Ministry of Justice.
Stay of enforcement is a decision to stop enforcement of the disposition prior to the main judgment decision when there is fear of harm that is difficult to recover from the administrative agency disposition and there is an urgent need to prevent it. In the request, President Yoon argued that he would not be able to serve as attorney general during the suspension period and that the provision would undermine the political independence and neutrality of the prosecution. In addition, he noted that the absence of the president in the investigation of important cases such as the investigation of the Wolseong nuclear power plant is likely to cause a major setback, and that there is a possibility that the investigation team will disintegrate in the air during the affairs. next January staff. On the other hand, the Ministry of Justice is likely to argue that, as in the cross-examination of Mr. Yoon’s request for suspension of the exclusion of duties last month, the maintenance of Mr. Yoon’s duties threatens the fairness of the prosecution. and it has a significant impact on public welfare.
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The Judiciary confirms the positions of both parties through interrogations and decides whether to suspend the effect of the two-month suspension or keep it as is. In general, it is observed that the judgment of irreparable damages and urgent need will not differ much from the previous exclusion case. However, unlike the case of exclusion from duties, in this case, the judgment on public welfare is predicted to be different because Yoon is judged by the court as a ‘disciplined person’ rather than a ‘disciplinary suspect’ .
In this case, the conclusion of the main lawsuit is likely to be elusive until July next year, when President Yoon’s term ends, so the reason for the disciplinary action and the disciplinary procedure will be vigorously addressed in the interrogation of the stay of execution. Accordingly, Yoon is expected to intensely highlight the issue of illegality in the disciplinary committee procedure, and the Ministry of Justice will emphasize the position of disciplinary action in accordance with due process. The questioning of this day will be carried out privately, and because it is an urgent case, it was excluded from the Supreme Court’s recommendation for postponement due to the new coronavirus infection (Corona 19).
/ Reporter Kyungwoon Lee [email protected]
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