Autumn refuses to provide disciplinary committee list... Yoon counters with 'constitutional complaint' (comprehensive)

Injunction Request Filed to Suspend Effect... Disciplinary Committee on the 10th May Be Delayed Again

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] Prosecutor General Yoon Seok-yeol has decided to file a constitutional complaint regarding the Prosecutor Disciplinary Act related to the composition of the disciplinary committee. After Justice Minister Chu Mi-ae refused to provide the list of disciplinary committee members, Yoon’s side appears to have launched a counterattack. In particular, Yoon’s team also filed a provisional injunction requesting the suspension of the law’s provisions until the constitutional complaint is decided. The holding of the disciplinary committee meeting scheduled for the 10th has also become uncertain.

On the 4th, Lee Wankyu, Yoon’s legal representative, stated, "We have filed a constitutional complaint against Article 5, Paragraph 2, Items 2 and 3 of the Prosecutor Disciplinary Act." Article 5, Paragraph 2 of the Prosecutor Disciplinary Act regulates the members of the Prosecutor Disciplinary Committee. Item 2 stipulates that two prosecutors appointed by the Minister of Justice shall be members, and Item 3 states that one member each shall be appointed by the Minister of Justice from among lawyers, law professors, and persons with extensive knowledge and experience.

Previously, the Ministry of Justice firmly refused Yoon’s side’s request for the list of disciplinary committee members, stating, "It is impossible under the Information Disclosure Act, and there is no precedent of providing the list of members during the disciplinary process of other prosecutors." The logic was that there is a risk of infringing on privacy as well as fairness in the disciplinary process and smooth committee activities. In response, Attorney Lee further inquired of the Ministry of Justice on the grounds of why providing the list would infringe on the privacy of the disciplinary committee members.

In the legal community, whether to disclose the list of disciplinary committee members is seen as the biggest variable in future legal battles following Yoon’s disciplinary action. Since the illegality during the inspection process of Prosecutor General Yoon was the basis for the previous court ruling, the disciplinary committee process is inevitably expected to become an issue as well.

The claim that there are problems with the operation of the disciplinary committee is in the same context. According to the Prosecutor Disciplinary Act, the disciplinary committee consists of seven members: the Minister of Justice and Deputy Minister, two prosecutors appointed by the Minister, and three persons appointed by the Minister from among lawyers, law professors, and persons with extensive knowledge and experience. However, the list is kept strictly confidential. Even though the members’ terms are guaranteed for three years, it is impossible to confirm who has voluntarily or involuntarily stepped down or how much of the remaining term is left.

Some have expressed concerns that if the disciplinary committee list is disclosed in advance, there could be individual contacts with the accused. The Ministry of Justice’s firm stance against disclosure is based on the same logic. If the accused attempts lobbying, it could undermine the operation of the disciplinary committee itself.

However, Attorney Lee argued, "In the disciplinary procedure against the Prosecutor General, the Minister of Justice can file the disciplinary request and appoint or designate most of the disciplinary committee members, thus constituting the majority of the committee. Therefore, when the Prosecutor General is the accused, fairness cannot be guaranteed at all."

He continued, "The method of composing the committee, which seriously harms fairness, deprives the Prosecutor General subject to discipline of the right to hold public office, thus exceeding the legislative limits of constitutional restrictions on fundamental rights." He also claimed, "The relevant provisions allow the disciplinary requester to appoint and designate the majority of the disciplinary committee members, severely lacking appropriateness and fairness, and do not conform to the core principle of 'separation of prosecution and judgment.'"

Meanwhile, Yoon’s side also decided to proceed with the provisional injunction application. Attorney Lee stated, "Applying these provisions to the Prosecutor General is unconstitutional," and "We have also filed a provisional injunction requesting the suspension of the disciplinary procedure until the result is decided."

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