Nationwide Prosecutors' Opposition... High Prosecutors and District Chiefs Join: "Duty Exclusion Order Illegal and Unfair"
[Asia Economy Reporter Bae Kyunghwan] Since Minister of Justice Choo Mi-ae's decision to suspend Prosecutor General Yoon Seok-yeol from his duties, voices of opposition have been growing, especially among rank-and-file prosecutors. As Minister Choo has set the date for the disciplinary committee hearing to be on the 2nd of next month and notified Prosecutor General Yoon, these protests are expected to intensify.
According to the legal community on the 26th, rank-and-file prosecutors from the Gwangju District Prosecutors' Office, Daegu District Prosecutors' Office, and Chuncheon District Prosecutors' Office issued a joint statement that day. A nationwide meeting of rank-and-file prosecutors is the first in seven years since 2013. At that time, when Prosecutor General Chae Dong-wook expressed his intention to resign amid controversy over an extramarital child and pressure from the Ministry of Justice's inspection, frontline prosecutors held a meeting to express their opinions.
The beginning was on the 25th, the day after Minister Choo announced the suspension and disciplinary request against Prosecutor General Yoon. Prosecutorial researchers below the 34th class at the Supreme Prosecutors' Office posted on the internal communication network that "Minister Choo's disposition seriously undermines the independence of prosecutorial work and the rule of law, and is illegal and unjust."
Rank-and-file prosecutors at the Busan District Prosecutors' Office East Branch also criticized the Ministry of Justice's actions, stating, "Requesting disciplinary action and ordering suspension of duties against the Prosecutor General at a time when the facts have not been sufficiently confirmed is an illegal and unjust measure."
Senior prosecutors also began to speak out. On the 26th, six senior prosecutors, including Cho Sang-chul, Chief Prosecutor of the Seoul High Prosecutors' Office, posted on the internal network, requesting Minister Choo to "coolly and objectively evaluate the current situation and reconsider the measures." Regarding the Ministry of Justice, they said, "There is controversy that some inspection directives are conducted with the purpose of interfering with specific case investigations and trials, and since most of the inspection directives and reasons for disciplinary requests do not match, there are doubts about the appropriateness of the procedures, methods, and content."
Chief prosecutors leading district and high prosecutors' offices nationwide also joined. Seventeen chief prosecutors, including Kim Hu-gon, Chief Prosecutor of the Seoul Northern District Prosecutors' Office, participated, but Lee Sung-yoon, Chief Prosecutor of the Seoul Central District Prosecutors' Office, and Kim Kwan-jung, Chief Prosecutor of the Seoul Eastern District Prosecutors' Office, did not join. They stated, "The system of guaranteeing the term of the Prosecutor General, who is appointed by the President after a National Assembly confirmation hearing and Cabinet meeting deliberation as stipulated by the Constitution and laws, is established to ensure democratic control and political neutrality of the prosecution. The majority of prosecutors are concerned that the disciplinary request against the Prosecutor General, which is evaluated as 'hasty and excessive in legal procedures and content,' and the subsequent immediate suspension of duties may seriously undermine the political neutrality of the prosecution and the rule of law."
About 20 prosecutors from the Chuncheon District Prosecutors' Office and its branches also held a rank-and-file prosecutors' meeting and issued a statement criticizing Minister Choo's decision. They argued that "the disciplinary request and suspension of duties against the Prosecutor General are illegal and unjust and should be withdrawn." Additionally, rank-and-file prosecutors at the Gwangju District Prosecutors' Office held a meeting at the office and released a statement. They also voiced that "the procedures, methods, and content do not conform to the rule of law and are arbitrary, making them difficult to accept."
However, Minister Choo appears to be accelerating the disciplinary process. According to the Prosecutor Disciplinary Act, Minister Choo has scheduled the disciplinary review committee meeting for Prosecutor General Yoon on the 2nd of next month and notified Yoon and his lawyers to appear. This is eight days after the disciplinary request and suspension order were issued on the 24th. Prosecutor General Yoon has not yet decided whether to attend the disciplinary committee. Lawyers Lee Wan-kyu and Lee Seok-woong, representing Yoon in the lawsuit, will attend the disciplinary committee as special attorneys.
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Meanwhile, Prosecutor General Yoon also filed an administrative lawsuit, claiming that "the suspension order is unjust." On the same day, he filed a lawsuit at the Seoul Administrative Court against Minister Choo, requesting the cancellation of the suspension order. In the complaint, Yoon stated, "The suspension of duties corresponds to a severe disciplinary action equivalent to dismissal, and it is a case where the continuity of duty execution is significantly inappropriate."
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