Prosecutor General Yoon Seok-yeol Files Lawsuit to Cancel Disciplinary Action and Requests Suspension of Execution in Court Today

Prosecutor General Yoon Seok-yeol, who was unable to go to work due to the decision to exclude him from duty by Justice Minister Choo Mi-ae, is arriving at the Supreme Prosecutors' Office in Seocho-gu on the afternoon of the 1st.
[Image source=Yonhap News]

[Asia Economy Reporter Choi Seok-jin] Prosecutor General Yoon Seok-yeol is filing a lawsuit on the 17th seeking the cancellation of the disciplinary action of 'two months suspension,' which he is contesting.

Lee Wan-gyu, Yoon's legal representative, stated this morning, "We plan to submit the complaint to the Seoul Administrative Court within today."

However, Lee explained that since more time is needed to incorporate the witness testimony from the disciplinary committee hearing on the 15th into the complaint, the complaint is expected to be electronically filed late this afternoon.

The day before, Yoon's side announced their intention to file a lawsuit contesting the disciplinary action regardless of Minister of Justice Choo Mi-ae's position, immediately after it became known that she had tendered her resignation to President Moon Jae-in.

Yoon is expected to request a suspension of the enforcement of the disciplinary action while filing the cancellation lawsuit.

From Yoon's standpoint, once the case is assigned to a judge, he may separately request a constitutional review of Article 5 of the Prosecutor Disciplinary Act, which forms the basis of the disciplinary action, regardless of the cancellation lawsuit or suspension request. If the court accepts Yoon's request and refers the constitutional review to the Constitutional Court, the cancellation lawsuit proceedings will be automatically suspended according to the Constitutional Court Act.

Furthermore, if the court dismisses the request for constitutional review, Yoon can directly file a constitutional complaint with the Constitutional Court under Article 68, Paragraph 2 of the Constitutional Court Act.

However, as seen in previous cases involving injunctions suspending Minister Choo's suspension order, considering the usual duration of constitutional review, it is unlikely that the Constitutional Court will make a decision within Yoon's two-month suspension period.

Considering the time it takes for the court to finalize the cancellation lawsuit, the court's acceptance of Yoon's request for suspension of the disciplinary action's enforcement appears to be the only way for Yoon to return to duty early.

However, since the standard for determining the necessity of suspension is the 'irreparable harm' Yoon would suffer, and a 'two-month suspension' is relatively lighter than dismissal or removal, the court may view it less seriously. Additionally, the fact that the final executor of the suspension is the president, not the minister, may also be a burden for the court, making it more likely that the request will be dismissed rather than accepted.

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