Even if only honest decisions are made, it effectively results in a figurehead president... Investigation into the regime inevitably faces setbacks

[Asia Economy reporters Seokjin Choi, Kyunghwan Bae, Junyi Park] The Prosecutor Disciplinary Committee will hold its second meeting on the 15th to decide the disciplinary level for Prosecutor General Yoon Seok-yeol. The committee plans to reach a conclusion by the end of the meeting. Currently, Prosecutor General Yoon has about seven months left in his term. Considering the deteriorated public opinion surrounding Yoon's discipline, the committee is expected to decide on dismissal or suspension rather than the initially anticipated severe punishment such as removal from office. If dismissal is decided, there is an aspect of avoiding intense political repercussions and legal battles with Yoon’s side. However, even if only suspension is approved, it would effectively render Yoon a figurehead prosecutor general, potentially disrupting investigations related to the current administration, so the disciplinary committee has several options to choose from.

Jeong Han-jung and Shin Seong-sik Recusal Requests... Prosecutor General Yoon Prepares for Legal Battle

The Ministry of Justice Prosecutor Disciplinary Committee began its second disciplinary hearing for Prosecutor General Yoon at 10:30 a.m. at the Ministry of Justice Building 1 in Gwacheon Government Complex. Yoon did not attend, as he did during the first hearing on the 10th. Instead, Yoon unusually got out of his car on his way to work in the morning to express gratitude to his supporters. Approaching a citizen holding a protest placard, he said, "I appreciate your support, but since the severe cold starts today, please do not come out here," adding, "You can stop now, but I gratefully accept your sentiments." While the sudden cold weather is a factor, this behavior on the day of the disciplinary hearing can be interpreted politically.

Meanwhile, Yoon’s special defense attorneys filed recusal requests against two members acting as chairpersons after the start of the disciplinary committee: Jeong Han-jung, a professor at Hankuk University of Foreign Studies Law School, and Shin Seong-sik, head of the Anti-Corruption and Serious Crime Division at the Supreme Prosecutors’ Office, citing concerns over fairness. As with the first disciplinary committee where all recusal requests by Yoon’s side were rejected, this recusal request was also not accepted. Yoon’s side’s continuous objections regarding the committee’s composition and information disclosure procedures can be seen as a strategy to prepare for future litigation in court.

Among the eight witnesses adopted by the disciplinary committee, Han Dong-su, head of the Supreme Prosecutors’ Office Inspection Department, appeared contrary to initial expectations, while Lee Sung-yoon, chief of the Seoul Central District Prosecutors’ Office, and Jeong Jin-woong, deputy chief prosecutor of the Gwangju District Prosecutors’ Office, did not appear. Inspector Han is a key witness directly related to major disciplinary reasons against Yoon, such as the 'judge information gathering document' and 'Channel A case inspection and investigation obstruction,' so committee members are expected to focus their questioning on him. Especially since each witness’s testimony is clearly favorable either to Minister Chu or Prosecutor General Yoon, both the disciplinary committee members and Yoon’s side are expected to concentrate on eliciting favorable testimonies.

Political Burden of 'Dismissal' and 'Removal' High; 'Suspension' Expected Instead

The disciplinary decision will be made by a vote of the four members present. The Prosecutor Disciplinary Act stipulates that if the most unfavorable opinion for the accused does not reach a majority of the members present, the next unfavorable opinion is added sequentially until a majority is reached, and the decision is made accordingly (see table). Among the four members present?acting chair Jeong, Deputy Minister of Justice Lee Yong-gu, Professor Ahn Jin of Chonnam National University Law School, and Shin Seong-sik?if three agree on dismissal or removal, Yoon will be removed from office.

However, as criticism against the disciplinary request for Yoon has been rising recently and opposition parties’ backlash has grown, the political burden of dismissal or removal is heavy, making a 2-3 month suspension more likely. Although less likely, if the committee decides on a disciplinary level lower than suspension, such as pay reduction or reprimand, Minister Chu, who requested the discipline, is expected to suffer a fatal blow.

Court Cancellation Lawsuit, Suspension of Execution, Constitutional Court Unconstitutionality Review, and Injunction

If the disciplinary committee decides on dismissal or removal, President Moon Jae-in will execute the decision and appoint a successor. If suspension is decided, Deputy Prosecutor General Cho Nam-gwan will act as prosecutor general during the suspension period. However, since Yoon’s term expires on July 24 next year, investigations into the upper echelons of the 'Wolseong Nuclear Power Plant case' and the 'Yoo Jae-soo inspection cover-up case,' as well as political and business lobbying investigations related to the 'Lime and Optimus Asset Management cases,' are likely to be effectively halted. Yoon’s side is expected to immediately file a cancellation lawsuit even if a minor disciplinary decision is made.

In particular, they are expected to file lawsuits seeking cancellation of disciplinary actions such as dismissal, removal, or suspension, along with requests for suspension of execution to halt the effect of the disciplinary decision. While the lawsuit proceeds, they will also await the Constitutional Court’s provisional injunction decision to suspend the effect of the Prosecutor Disciplinary Act.

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