“You must not obey the attorney general, the minister”

Attorney General Yoon Seok-yeol presents his post at the Supreme Prosecutor’s Office in Seocho-gu, Seoul, on the afternoon of the 1st. Reporter Lim Hyun-dong

“If the attorney general obeys the minister of justice, the independence and political neutrality of the prosecutor cannot be maintained.”

On the 1st, the court, which accepted Attorney General Yoon Seok-yeol’s request for suspension of the ban from duties, refuted the arguments of Justice Minister Choo Mi-ae and raised Yoon’s hand. The court noted that the attorney general and prosecutors must obey the command of the Minister of Justice, the chief supervisor of the administrative structure, but noted that command power should be exercised to a minimum to ensure political neutrality and independence of prosecutors.

The Fourth Party of the Seoul Administrative Court (Judge Mi-yeon Jo) wrote in a written decision after two days of deliberation after an interrogation the day before: “The legislator will verify by personal hearing to ensure that the Attorney General does not be influenced by an unjust political power. I guarantee it. ” He added: “The specific exercise of command and supervision by the Minister of Justice must be kept to a minimum to achieve democratic control.” Indicated.

Justice Minister Chu Mi-ae attends the State Council meeting held at the Seoul Government Complex in Jongno-gu, Seoul, on the morning of the 1st. [뉴스1]

The court’s decision can be interpreted in a context similar to the statement that “the attorney general is not a subordinate of the Minister of Justice,” said President Yoon during the latest state audit. Judge Cho Mi-yeon also said: “In light of the Attorney General’s command, the exercise of the minister’s discretion must be done under exceptional and strict requirements.” It must be carefully considered so that it does not happen. ”At present, it is not appropriate to exclude President Yoon’s work from the disciplinary and procedural committee as the main complaint.

It is also unusual for the court to express a critical stance using the word jeon-hoeng (專橫), which means “ hold authority alone and do whatever you want ” against Minister Chu, who excluded Yoon from work. A chief judge, who saw Judge Cho’s decision, said: “It appears to be a written decision of the court.”

Judge Cho admitted, however, that Minister Chu and President Yoon were fiercely at odds with the reasons for their disciplinary action. Because it is a request for suspension of execution, he said that he did not judge the illegality of the additional ministerial provision that must be addressed in this lawsuit.

Judge Cho also accepted some of the concerns of some of the passports that “if the prosecution exaggerated the independence of the prosecution, the fear of losing political neutrality and self-righteousness cannot be ruled out.” Judge Cho said that in such democratic control, the Minister of Justice has the right to recommend personnel to the Attorney General and the power to direct and supervise the President. However, he stressed that “there is a need to stop at the minimum and necessary to achieve the objectives of protection of the legal order, protection of human rights and democratic control.”

Reporter Park Tae-in [email protected]