The Issue Is 'Irreparable Damage'... Attention on Whether the First Judicial Ruling on the Conflict Between Chu and Yoon Will Emerge

Minister of Justice Choo Mi-ae (left) and Prosecutor General Yoon Seok-youl. [Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] The court's decision on Prosecutor General Yoon Seok-yeol's request to suspend the enforcement of Minister of Justice Chu Mi-ae's order to suspend his duties is not the court's final judgment on the validity of the order.

In other words, whether Minister Chu's order to suspend Prosecutor General Yoon's duties while requesting disciplinary action is lawful will be determined through an annulment lawsuit, and in the suspension of enforcement case, the court only decides whether it is necessary to suspend Yoon's duties until the conclusion of the annulment lawsuit.

However, given that the Ministry of Justice's Inspection Committee and the Prosecutor Disciplinary Committee, which will discuss Yoon's disciplinary action, are imminent, this is the first direct judicial judgment related to the two who have had continuous conflicts since Yoon's appointment, making it quite significant.

◆ Prosecutor General Yoon's 'Irreparable Harm' as the Criterion

Article 23, Paragraph 2 of the Administrative Litigation Act, which regulates suspension of enforcement, states that the court may decide to suspend enforcement "when it recognizes an urgent need to prevent irreparable harm that may arise from the disposition or its enforcement or continuation of the procedure."

Considering that Yoon's term expires in July next year, if the court dismisses the suspension of enforcement request and the annulment lawsuit proceeds while Yoon's duties are suspended, even if Yoon wins, the Supreme Court's final ruling is unlikely, and even the first trial ruling may come after Yoon's term ends.

It is clear that for Prosecutor General Yoon, being unable to perform his duties for eight months, which is one-third of the two-year term, due to an unlawful (if Yoon wins the annulment lawsuit) suspension order by the minister, is a tremendous damage.

Therefore, if the Seoul Administrative Court Administrative Division 4 (Presiding Judge Cho Mi-yeon), which is hearing this case, makes a decision before the Ministry of Justice's Disciplinary Committee meeting scheduled for the 2nd of next month, the possibility of granting the suspension of enforcement request is weighted.

◆ If Disciplinary Action is Taken, 'Dismissal' Possible... Decision May Be Deferred

However, the fact that disciplinary action against Prosecutor General Yoon is expected soon is a factor that troubles the court.

Even if the court grants the suspension of enforcement request before Yoon's disciplinary action is decided and suspends the effect of the suspension order, if the Disciplinary Committee decides on dismissal or removal and disciplinary action is taken, the duties to which Yoon would return disappear, rendering the court's decision meaningless.

If the court defers judgment on the suspension of enforcement request until the disciplinary action such as dismissal is executed, it can issue a 'dismissal' decision without worrying about whether to grant the request.

In any case, Yoon will file an annulment lawsuit against the disciplinary action and request suspension of its enforcement, so it is expected that the court will not make a burdensome decision just to suspend the effect of the suspension of duties for only 2-3 days until the disciplinary action is taken.

It is widely expected that the Disciplinary Committee meeting to be held in two days will decide on severe disciplinary measures such as dismissal or removal against Prosecutor General Yoon. Minister Chu chairs the committee, and Ko Ki-young, the Deputy Minister of Justice whom Minister Chu brought in during personnel appointments, is an ex officio member, and the other five members are all appointed by Minister Chu as disciplinary committee members.

Although some of the two prosecutors or external members appointed by the minister may express dissenting opinions, since disciplinary action is decided by a majority of the attending members, Minister Chu's intentions are expected to be fully reflected.

◆ Wide Discretion for the Court... Likely to Influence Inspection and Disciplinary Committees

There is an analysis inside and outside the court that this suspension of enforcement request case allows greater discretion for the court compared to other cases.

Whether the court views the damage to Yoon as too great by suspending the duties of a prosecutor general with only eight months left in his term, preventing him from performing his duties during the remaining term, or whether it sees suspending the effect of Minister Chu's suspension order during the short remaining term as effectively nullifying the order, the decision can vary greatly depending on perspective. Moreover, whether to decide before the disciplinary action is taken is also at the court's discretion. Ultimately, both the timing and content of the decision depend solely on the court's will.

If the court decides to suspend the effect of Minister Chu's suspension order before the Disciplinary Committee meeting, Yoon will immediately return to his duties, and the effect of the subsequent disciplinary committee decision will inevitably be weakened. The suspension of enforcement request against disciplinary actions such as dismissal is also likely to be accepted by the court for similar reasons.

The Inspection Committee scheduled for tomorrow is also likely to issue stronger recommendations if it convenes while the court's suspension of enforcement decision is in effect.

Meanwhile, if this duty exclusion measure, which was effectively carried out with the tacit approval of President Moon Jae-in, is halted by the court, the aftermath could spread beyond Minister Chu to the entire current administration.

The fact that the judiciary under Chief Justice Kim Myung-soo may be reluctant to make decisions that burden the administration and that judges have suppressed uncomfortable feelings toward prosecutors including Yoon while observing the 'judicial scandal' investigation could also be variables.

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