Ministry of Justice Deliberates on Yoon Seok-yeol's Inspection... Will It Lead to a Decision on His Position?

Ministry of Justice, Secretary Choi Kang-wook's "Snap Indictment" and "Needs Review Due to Possible Illegality" Remarks
Key Issue: Pressure Effect on Prosecutor General Yoon's Position

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] On the 28th, it was reported that the Ministry of Justice, which is trying to pressure the prosecution through the 'inspection card,' is considering whether to include Prosecutor General Yoon Seok-yeol within the scope of inspection. There is an analysis that this is an attempt to induce Yoon's voluntary resignation.

According to the legal community on the day, the Ministry of Justice is specifically discussing the timing of the inspection regarding the prosecution process of Choi Kang-wook, the Blue House Public Service Discipline Secretary, and is focusing on whether to include Prosecutor General Yoon as a subject. The primary target of the inspection is the investigation team of the Seoul Central District Prosecutors' Office that prosecuted Secretary Choi, but the dominant analysis is that the inspection is effectively aimed at Prosecutor General Yoon. Since the investigation team has already been confirmed for personnel transfer, the Ministry of Justice has no practical benefit from inspection and disciplinary action. Song Kyung-ho, the 3rd Deputy Chief, and Ko Hyung-gon, the Head of the Anti-Corruption Investigation Division 2, who are in the investigation team, have been confirmed to move to the positions of Yeoju Branch Chief and Daegu District Prosecutors' Office Anti-Corruption Investigation Division Chief, respectively.

The part that the Ministry of Justice is focusing on is that Prosecutor General Yoon directly instructed the investigation team to prosecute Secretary Choi. The prosecution was carried out without the approval or consent of Lee Sung-yoon, the Chief Prosecutor of the Seoul Central District Prosecutors' Office, following Yoon's instructions. The Ministry of Justice described this as a "rush prosecution," leaving room to hold Prosecutor General Yoon responsible for the instruction. The Ministry of Justice believes this prosecution violated Article 21, Paragraph 2 of the Prosecutors' Office Act. This clause states, "The chief prosecutor of a district prosecutor's office shall be responsible for handling the affairs of that prosecutor's office and shall command and supervise the public officials belonging to it." Secretary Choi is clearly a high-ranking public official, and cases involving him must receive approval and consent from the district chief prosecutor, but the investigation team did not do so, according to the Ministry of Justice's criticism. However, the Supreme Prosecutors' Office counters that the prosecution was lawfully instructed by Prosecutor General Yoon under Article 12 of the Prosecutors' Office Act, which states, "The Prosecutor General oversees prosecution affairs and commands and supervises the public officials of the prosecution office." This is a conflict over which takes precedence: the 'district chief prosecutor's authority to approve' or the 'Prosecutor General's command authority.'

Regarding this, the legal community generally agrees that "the Prosecutor General's command authority takes precedence" and that there is no problem with Yoon's instruction. There is also growing analysis that Minister of Justice Choo Mi-ae and the Ministry of Justice might face backlash if they hastily proceed with the inspection. Nevertheless, the Ministry of Justice appears determined to carry out the inspection. A Ministry of Justice official reiterated in a phone call with Asia Economy on the day, "There is a possibility of illegality in the prosecution process, so review is necessary, which is the Ministry of Justice's position."

The background seems to be the 'pressure effect' that can be gained solely through inspection. The initiation of inspection could also influence Prosecutor General Yoon's position. In fact, former Prosecutor General Chae Dong-wook immediately resigned in September 2013 when the Ministry of Justice announced it would inspect allegations of an extramarital child surrounding him.

There is also analysis that the Ministry of Justice had been preparing for the inspection of Prosecutor General Yoon in advance. During the recent high-level prosecution personnel process, the Ministry of Justice criticized Yoon for 'insubordination' to Minister Choo. It is said that the inspection of Prosecutor General Yoon has been pursued since then. Minister Choo was caught by the media sending a text message to Policy Advisor Jo Doo-hyun at the National Assembly plenary session on the 9th, instructing him to "find laws related to disciplinary action against Prosecutor General Yoon."

This content was produced with the assistance of AI translation services.