Prosecutor General Yoon Files Appeal Today... Fate of Choo and Yoon Likely to Hinge on Suspension Ruling (Comprehensive 2)

'Irreparable Damage' and 'Urgent Need for Damage Prevention' as Criteria
Low Likelihood of Injunction Approval... Burden Also Due to President as Disposing Authority

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

[Asia Economy Reporter Choi Seok-jin] Prosecutor General Yoon Seok-yeol will file a lawsuit on the 17th challenging the disciplinary action of 'two months suspension.'

Yoon's legal representative, lawyer Lee Wan-gyu, said this morning, "We plan to submit the complaint to the Seoul Administrative Court within today," adding, "It is difficult to submit during working hours, so it will be filed electronically after working hours."

This comes just one day after President Moon Jae-in approved the disciplinary resolution the previous day. Yoon is expected to file an annulment lawsuit against the disciplinary action and request a suspension of execution to halt the effect of the disciplinary measure.

Considering the time the lawsuit will take, Yoon's fate depends on the court's decision regarding the suspension of execution.

On the night of the 25th of last month, just one day after being suspended from duty by Justice Minister Chu Mi-ae, Yoon's side also applied electronically for a suspension of execution of the suspension order, which the court accepted, allowing him to return to his position as Prosecutor General after one week of suspension.

Unlike annulment lawsuits that examine specific disciplinary reasons, decisions on suspension of execution under the Administrative Litigation Act are based on two criteria: 'irreparable harm' and 'urgent necessity to prevent harm.'

However, unlike dismissal or removal, which nullify the remaining term guaranteed by law for Yoon, the current suspension for two months, after which he can return to his duties as Prosecutor General, is widely expected to have a lower chance of the court recognizing 'irreparable harm' to Yoon.

The disciplinary committee's decision to reduce the severity of the punishment is likely to be a 'masterstroke.' The fact that the final executor of the discipline is the President will also undoubtedly be a burden for the judiciary.

Accordingly, the nearly one-year-long conflict between Chu and Yoon is now entering a new phase of conflict between President Moon and Prosecutor General Yoon.

Unless the court suspends the effect of Yoon's suspension order, the prosecution will have no choice but to operate under the acting leadership of Deputy Prosecutor General Cho Nam-gwan during the two-month suspension period.

On the other hand, if the court again sides with Yoon by pointing out procedural flaws in the disciplinary request or resolution process, the graceful resignation of Minister Chu, who expressed her intention to resign the day before, may become difficult.

Meanwhile, a survey conducted by Realmeter on the 16th at the request of tbs, targeting 500 men and women nationwide aged 18 and over, showed that nearly half, 49.8%, considered Yoon's disciplinary action 'harsh,' which was higher than those who thought it 'lenient' (34.0%).

In a survey conducted by Realmeter from the 14th to the 16th at the request of tbs, targeting 1,507 people nationwide aged 18 and over, President Moon's approval rating for his administration was 38.2%, up 1.5 percentage points from the previous week but remaining in the 30% range for three consecutive weeks.

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