President Moon's NCND... "There will come a time to exercise authority in the future"

Unprecedented in Constitutional History, Blue House Remains Silent on Prosecutor General's Duty Suspension... Opposition Says "Will Remain a Dark Chapter in Constitutional History"

[Asia Economy reporters Ryu Jeong-min and Son Seon-hee] The aftermath of the decision to suspend Prosecutor General Yoon Seok-yeol from his duties is already turning toward the Blue House. The opposition parties are all looking to President Moon Jae-in's (face) 'mouth.'

Justice Minister Choo Mi-ae's decision to suspend the Prosecutor General from his duties is unprecedented in constitutional history. This means it was not possible by the minister's independent judgment alone. The Blue House also acknowledged that the president was briefed before Minister Choo's announcement. Blue House spokesperson Kang Min-seok said on the 24th, "President Moon received a related report just before the Justice Minister's announcement and made no separate remarks about it."

The 'NCND' (neither confirm nor deny) response, neither positive nor negative to Minister Choo's decision, is a strategic move considering both political risks and legal burdens. Article 78 of the Constitution stipulates the president's 'appointment and dismissal authority' over public officials, but under the Prosecutors' Office Act, prosecutors can only be dismissed or removed through impeachment or disciplinary procedures. This makes it difficult for President Moon to give specific instructions regarding Prosecutor General Yoon's position.

[Image source=Yonhap News]

Nevertheless, President Moon's silence has become the focus of attention because it effectively tolerates political turmoil. The briefing of President Moon on Minister Choo's decision was handled by Chief Presidential Secretary Noh Young-min and Senior Secretary for Civil Affairs Kim Jong-ho.

President Moon's silence can be seen as a principled response that the disciplinary procedure against Prosecutor General Yoon should proceed 'according to the law' and that judgment can be made based on the results, but political analysts interpret it as a choice weighted toward Yoon's removal.

In fact, within the ruling party, there were many opinions that there was no need to take reckless steps until Yoon's retirement in July next year. Creating a mid-term departure situation would only increase Yoon's political value, and political risks such as opposition backlash were also considerable. However, the water has already been spilled.

On the 25th, Joo Ho-young, floor leader of the People Power Party, said, "Not only is Minister Choo's outrageous act unjustifiable, but President Moon, who tacitly allowed it and perhaps even enjoyed it behind the scenes, is a much bigger problem," adding, "This will remain a dark chapter in constitutional history."

[Image source=Yonhap News]

The Justice Party, classified as part of the ruling coalition, also targeted the Blue House's silence. Justice Party spokesperson Jung Ho-jin pointed out, "The Blue House should not stand by but must take a responsible stance," which is in the same vein.

Even if President Moon does not make direct remarks about this incident, the sparks of controversy are bound to intensify.

The flow of public opinion is also a variable. If the view that reckless measures were taken to remove the Prosecutor General gains traction, it could become a significant burden on state governance. Even if the conclusion is that Prosecutor General Yoon's actions were problematic, the president's decision to appoint him to the position could boomerang back.

Going forward, Prosecutor General Yoon's position is tied to the Ministry of Justice's disciplinary committee procedures. Unless the disciplinary action is rejected or withdrawn, the process will proceed with the president executing the recommendation made by the Justice Minister.

However, if Yoon's side files an administrative lawsuit such as a provisional injunction to cancel the suspension order, it could take considerable time until the procedure is finalized.

A senior Blue House official said in a phone interview with Asia Economy on the same day, "(The suspension) was carried out under the authority of the Justice Minister," adding, "There will come a time when the president must exercise authority as the matter progresses."

The official added, "If the procedure proceeds to the disciplinary resolution, it is naturally a matter for the president to decide directly. This is the president's duty."

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