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The ‘presidential supervision’ that only put a cover … Real start with notification of the investigation schedule
The authority of the attorney general to exclude duties, request disciplinary action, disciplinary action, etc.
In case of disciplinary action … Prosecution for the first time in history: possibility of legal dispute
Justice Minister Chu Mi-ae (left) enters the main office to attend the plenary session held at the Yeouido National Assembly in Seoul on the afternoon of 19. On the same day, Attorney General Yoon Seok-yeol addresses the Supreme Prosecutor’s Office in Seocho-gu, Seoul. News 1
Justice Minister Choo Mi-ae has implemented some of the “ presidential inspections ” procedures, which used to attack Attorney General Yoon Seok-yeol several times, and the conflict between the two is also immediately leading to a state of speed. The unprecedented in history began, the so-called ‘prosecutor general’s policy of prosecution’. For the first time, Minister Chu, who is in ‘offensive’ mode, has an advantage over President Yoon, who has to focus on ‘defense’, but if he wields a knife, the possibility of being overwhelmed by winds in against assuming legal responsibility as well as internal opposition within the prosecution. I can not. Therefore, there are many analyzes that there is a high possibility that Minister Chu is also cautious in building a justification for the time being.
According to the legal profession on the 20th, the prosecutor’s office at the Ministry of Justice said, “We plan to proceed in accordance with the laws and principles in the future,” by notifying immediately after the face-to-face investigation of President Yoon was lost. the day before, saying, “A face-to-face investigation by the attorney general is inevitable.” An official from the Ministry of Justice stressed that it was “postponed, not canceled.” Unlike in the past, when the ‘President’s inspection review’ seemed like a political slogan, Yun’s inspection became a reality. ‘
The Justice Ministry and the passport repeatedly raised the need for a face-to-face investigation, saying: “If a suspicion is raised, the president is no exception.” A prosecutor from the Ministry of Justice said, “For example, the allegations of meeting with media shareholders are all ordinary people, so we have to conduct an investigation based on President Yoon’s statement first.”
The problem is that the prosecution’s investigation is actually an act based on discipline. Given that Minister Chu has the disciplinary power of the attorney general, the request for a face-to-face investigation by the Ministry of Justice is more likely to be ‘a step in following the disciplinary procedure of the president general’ rather than clearing up the suspicion. .
On the other hand, President Yoon and the Grand Prosecutor are in the position that most of the suspicions raised by Minister Chu are “a matter that is difficult to be subject to inspection or investigation.” The statutory inspection standards stipulate that inspections are carried out only when there is a reasonable reason to recognize that an act has been committed which is a requirement for criminal sanction or disciplinary action (Article 15, paragraph 1). However, the Prosecutor’s Office of the Ministry of Justice is not adequately telling Yun about what kind of matter is being inspected. An official from the Supreme Prosecutor’s Office complained that “even normal inspection procedures are not being followed.”
Shortly after the Ministry of Justice revised the relevant regulations to avoid the ‘inspection committee’, it is also causing controversy that Yoon went to the inspection. On the 3rd, the Ministry of Justice changed the mandatory regulation that required the advice of the inspection committee at the beginning of the inspection to a voluntary regulation that says ‘advice can be received’. As a result, the explanation of the great sword is that the inappropriate and unreasonable inspections are proceeding arbitrarily.
However, the one who has the initiative is also Minister Chu. This is because he has the authority to pressure President Yun, such as △ initiation of supervision, △ removal from duties, △ referral to the disciplinary committee, and the formation of a disciplinary committee. In terms of formal logic alone, it is possible that Minister Chu will agree to an exclusion from the job, taking up the issue of Mr. Yoon’s refusal to comply with supervision the day before.
Of course, as Minister Chu, there is a burden to take full responsibility for the results. It is also a variable to consider that there are many opinions not only in the prosecutor’s office, but also in the legal community, “There is the possibility that the infraction will disadvantage personnel such as disciplinary action as a matter that Minister Chu is currently questioning. The reaction from front-line prosecutors is also likely to boomerang.
If Minister Chu takes disciplinary action against President Yun, President Yoon is expected to face an administrative lawsuit or a request for an interim injunction. Daegeomdo is known to be actively considering countermeasures internally. A prosecutor in charge of the Metropolitan Prosecutor’s Office said: “When the minister initiates the investigation and the command authority, it is enough to cede the investigation to the first-line prosecutors, but if you ask them to leave, history will change.”
Choi dongsoon reporter [email protected]
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