Leaving One Move Left... Choo Setting the Opening Moves

Taking a Breather After Withdrawing On-Site Inspection... Additional Investigations, Job Suspension, and Dismissal Recommendations May Follow

[Image source=Yonhap News]

[Asia Economy Reporter Bae Kyunghwan] Minister of Justice Chu Mi-ae is holding her final move. Although the face-to-face inspection of Prosecutor General Yoon Seok-yeol has entered a pause due to the Ministry of Justice's withdrawal, only Minister Chu's final decision remains in fact. The legal community also sees that Minister Chu is following the planned steps, including additional inspections, suspension from duty, and recommendation for dismissal.

According to the Ministry of Justice and the prosecution on the 20th, the Ministry of Justice, which canceled the inspection schedule on the 19th citing non-cooperation from the Supreme Prosecutors' Office, is reconsidering the inspection plan for Prosecutor General Yoon. They are reviewing various scenarios, including rescheduling for a face-to-face investigation and measures in case of another refusal, and it is known that internally legal interpretations on some matters have been conducted.

First, the Ministry of Justice has already secured grounds for disciplinary action against Prosecutor General Yoon based on his refusal to cooperate during the withdrawal of the face-to-face inspection. According to the Ministry of Justice's directive, the 'Ministry of Justice Inspection Regulations,' the subject of inspection must cooperate with matters necessary for carrying out inspection duties. However, if there is refusal without justifiable reason, it can be handled as a separate inspection matter.

The legal community suggests that Minister Chu may proceed with a separate inspection against Prosecutor General Yoon based on this clause. If a separate inspection begins, the next step of suspension from duty would not be difficult. Article 8 of the Prosecutor Disciplinary Act states, "The Minister of Justice may order the suspension of duty execution to the accused when deemed necessary."

However, Prosecutor General Yoon, who may face suspension, could counterattack. Reflecting internal voices within the prosecution calling it an "illegal inspection," he might file for a provisional injunction to prohibit suspension, citing abuse of authority. Currently, the Supreme Prosecutors' Office is raising issues such as the illegality of the inspection procedure and the disclosure of inspection matters requiring confidentiality without factual basis.

Dismissal also involves many variables. In Yoon's case, his two-year term is guaranteed, and there is an interpretation that President Moon Jae-in has no authority to dismiss beyond the appointment power. Another method is disciplinary dismissal. This is a procedure to hold a disciplinary committee and dismiss the Prosecutor General as a result of ordering the inspection on Yoon, but this process can also be challenged with lawsuits for invalidation or cancellation of the disciplinary action.

Some suggest that pressure on Prosecutor General Yoon may intensify further. Currently, investigation directives have been excluded in five cases, including the Lime Asset Management case and family-related cases, while fact-finding investigations and inspections are ongoing in five other cases such as meetings with media owners, past non-indictment decisions on Optimus Asset Management, and arbitrary use of prosecution special activity funds.

Minister Chu's determination is also firm. Late the previous afternoon, Minister Chu emphasized on Facebook, "Even if I break and get hurt, I will overcome and carry out prosecution reform." She also revealed her inner feelings, saying, "Seeing conservative media focusing on conflicts with the Prosecutor General and the Minister's position, disregarding the essence of the matter, I feel unbearable pain and as if pricked by thorns," but mentioned, "I will endure until the end to fulfill the given mission."

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