Today Yoon Seok-yeol Prosecutor General Disciplinary Committee... Will Severe Disciplinary Action Be Decided?

Scope of Disciplinary Committee Recusal Requests and Witness Examination in Focus
Final Decision Not Reached This Day, Additional Hearing Date May Be Scheduled
Yoon Chief Prosecutor Expected to Immediately Challenge Disciplinary Resolution in Court

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

[Asia Economy Reporter Choi Seok-jin] The disciplinary committee for Prosecutor General Yoon Seok-yeol will be held at 10:30 a.m. on the 10th at the Ministry of Justice in the Government Complex Gwacheon.

As the conflict between Minister of Justice Choo Mi-ae and Prosecutor General Yoon, which has continued relentlessly since Minister Choo's inauguration in January this year, reaches its peak, it is highly likely that one of the two will have to resign or reconsider their position depending on the committee's resolution and the judiciary's judgment.

Earlier, on November 24, Minister Choo filed a disciplinary request against Prosecutor General Yoon on six grounds: ▲ inappropriate contact with media company owners ▲ illegal surveillance of trial panels in major cases such as former Minister Cho Kuk's case ▲ obstruction of inspection and investigation to protect close aides related to the Channel A case and former Prime Minister Han Myeong-sook case ▲ information trading related to inspections with the media ▲ violation of cooperation obligations and obstruction of inspection during the face-to-face investigation of the Prosecutor General ▲ damage to the dignity and trust as Prosecutor General regarding political neutrality, and issued an order to suspend his duties.

However, Prosecutor General Yoon immediately filed a lawsuit to cancel the suspension order and simultaneously requested a stay of execution. The Seoul Administrative Court partially accepted Yoon's claim and decided that he could return to his duties for 30 days from the date of the ruling.

Since Minister Choo, the ex officio chairperson, is the person who directly filed the disciplinary request, she cannot participate in the deliberation, so another member designated by Minister Choo will act as the chairperson.

Yoon's side has announced plans to file a 'challenge' against Lee Yong-gu, the ex officio member and Vice Minister of Justice, and it is also of interest how many of the remaining five members Yoon's side will challenge on that day.

It is also noteworthy whether the disciplinary committee will accept the witness examination requests for Lee Seong-yoon, Chief Prosecutor of the Seoul Central District Prosecutors' Office, Han Dong-soo, Head of the Inspection Department of the Supreme Prosecutors' Office, and Jung Jin-ung, Deputy Chief Prosecutor of the Gwangju District Prosecutors' Office, who were requested as witnesses by Yoon's side, and if the witnesses will actually appear if the examination is approved.

The Prosecutor Disciplinary Committee consists of seven members including the chairperson, the Minister, and three alternate members are to be appointed.

According to the Prosecutor Disciplinary Act, disciplinary resolutions require a majority of the members present including the chairperson, and the members consist of ▲ the Minister ▲ the Vice Minister ▲ two prosecutors appointed by the Minister ▲ a lawyer appointed by the Minister ▲ a law professor appointed by the Minister ▲ and a person with abundant knowledge and experience appointed by the Minister. The three alternate members are also appointed by the Minister from among prosecutors, so except for the ex officio Minister and Vice Minister, all members are effectively appointed or commissioned by the Minister.

Article 3, Paragraph 1 of the Prosecutor Disciplinary Act enumerates five types of disciplinary actions: dismissal, removal, suspension, reduction of pay, and reprimand.

If a severe disciplinary action such as dismissal or removal is resolved and executed by the President, Prosecutor General Yoon will not be able to complete his remaining term unless he cancels the disciplinary action through litigation.

In the case of suspension, duties are suspended for a period of one to six months without pay. Considering that Yoon's remaining term is until July, even if suspension is resolved, it can be seen as practically impossible for him to perform his duties as Prosecutor General.

Decisions on disciplinary actions or challenges require a majority of the total members to be present and a majority of the members present to agree.

If all six disciplinary committee members except Minister Choo attend, at least four of them must agree. If opinions are divided and no disciplinary type receives four votes, the votes for disciplinary types favorable to the accused (Prosecutor General Yoon) are sequentially added until reaching four votes to decide the discipline.

For example, if two members vote for dismissal, one for removal, and three for a three-month suspension, the three-month suspension will be finally resolved.

If Yoon files challenges against several members or procedural issues such as the acceptance of witnesses delay the meeting, there is a possibility that the final resolution will not be reached on that day and an additional date will be scheduled.

If the disciplinary committee resolves a suspension or more severe disciplinary action against Prosecutor General Yoon, or even if a lighter disciplinary action is resolved, Yoon's side is likely to contest it through litigation.

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