Yoon Seok-yeol, Refuses Final Suspension Decision and Announces Lawsuit Battle... Will He Return to Duty?

Disciplinary Committee Decides '2-Month Suspension' for Yoon
President Moon Approves Minister Chu's Disciplinary Recommendation
Yoon Prosecutor's Side Prepares Lawsuit Including Injunction Request

Prosecutor General Yoon Seok-yeol, who announced legal action against the two-month suspension imposed by the Ministry of Justice's Prosecutor Disciplinary Committee, is entering the Supreme Prosecutors' Office in Seocho-gu, Seoul, on the afternoon of the 16th. Photo by Yonhap News

[Asia Economy Reporter Kim Su-wan] Prosecutor General Yoon Seok-yeol announced on the 16th that he will take legal action against the Ministry of Justice's Prosecutor Disciplinary Committee's '2-month suspension' decision, signaling an intense legal battle ahead. In particular, criticism has arisen within the prosecution and legal circles regarding this disciplinary action, further deepening the conflict.

On the same day, President Moon Jae-in approved the disciplinary measure of a '2-month suspension' for Prosecutor General Yoon, following the recommendation of Minister of Justice Choo Mi-ae. As a result, Yoon will be unable to perform his duties as Prosecutor General for two months starting from 6:30 PM on the day President Moon approved the disciplinary measure.

Earlier, after a total of 27 hours of deliberation over two sessions, the Ministry of Justice Disciplinary Committee decided around 4 AM that day to impose a 2-month suspension on Prosecutor General Yoon. The committee stated, "Four disciplinary reasons are recognized: the creation and distribution of documents analyzing major trial courts, obstruction of inspection and investigation related to the Channel A case, damage to the dignity concerning political neutrality, among others." Additionally, out of the seven disciplinary committee members, four attended the session, and when deciding the disciplinary level, Shin Sung-sik, head of the Anti-Corruption and Serious Crime Division at the Supreme Prosecutors' Office, abstained, resulting in a unanimous decision by the three attending members to determine the disciplinary level.

Regarding this decision, Prosecutor General Yoon, through his legal representatives, stated, "This is an illegal and unjust measure based on unlawful procedures and baseless reasons aimed at ousting a fixed-term Prosecutor General," and added, "We will correct the wrongdoing according to the procedures prescribed by the Constitution and laws." Accordingly, Yoon plans to file an appeal lawsuit, including a request for suspension of execution of the disciplinary action, at the Seoul Administrative Court as early as the 17th.

In the main lawsuit demanding cancellation of the disciplinary action, the key issue will be whether Prosecutor General Yoon committed any illegal acts warranting discipline. It will be crucial to determine whether the creation of documents alleging judicial surveillance, obstruction of inspection related to the Channel A case, and damage to political neutrality, which were recognized as disciplinary reasons by the committee, can be considered valid grounds for discipline.

The Seoul Administrative Court's decision on June 1 to grant a suspension of execution may also influence this case. At that time, the Administrative Division 4 (Presiding Judge Cho Mi-yeon) acknowledged the independence of the Prosecutor General and accepted the suspension, recognizing that there was room for dispute.

However, this time, since the court will decide whether to grant the suspension of execution based on whether 'irreparable damage' has occurred due to the 2-month suspension, a fierce legal battle is expected.

Nonetheless, unlike temporary exclusion from duty, the suspension is not a temporary measure and was finalized through Minister Choo's recommendation and President Moon's approval, making the outcome difficult to predict.

Meanwhile, voices criticizing this disciplinary decision poured out within the prosecution. Nine out of eleven former Prosecutor Generals since the Roh Moo-hyun administration, including Yoon's predecessor Moon Moo-il, issued a joint statement saying, "This will be a significant stain on the rule of law."

In the joint statement released that day, the nine former Prosecutor Generals said, "We believe that the overall situation leading to this point will become a significant stain on the rule of law," and added, "This disciplinary procedure poses a great risk of threatening the democracy and rule of law that our people have painstakingly built, and therefore must be stopped."

Rank-and-file prosecutors also strongly criticized the decision, calling it a "disgrace to a democratic country." Prosecutor Kim Kyung-mok of Suwon District Prosecutors' Office directly criticized President Moon on the prosecution's internal network that day. Kim wrote, "It seems the Minister of Justice has no intention of listening, so I want to ask and plead with the highest personnel authority of national public officials, including the prosecution, and the highest administrative authority of the state," adding, "Is disciplining the Prosecutor General based on such procedures and reasons part of a country we have never experienced before as promised? Please reflect on whether this case leaves a significant stain in the judicial history of the Republic of Korea."

Chief Prosecutor Jeong Hee-do of Cheongju District Prosecutors' Office also stated on the prosecution's internal network, "There is no smoke without fire," and added, "After talking so much about 'fairness,' it turned out to be a 'pre-decided answer' (the answer is fixed, and you just have to respond)." He further added, "I was foolish to expect even the minimum conscience."

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