Will 'Yoon' Return or Face Suspension... Could the 'Disciplinary Committee's Legal Controversy' Become a Last-Minute Variable?

Claims of Procedural Illegality and Unfair Disciplinary Grounds in Disciplinary Committee... Ministry of Justice "All Measures Taken"

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] It has been confirmed that the prosecution side of Prosecutor General Yoon Seok-yeol submitted a large amount of legal materials proving the illegality of the disciplinary committee's decision to impose a suspension. With evidence accumulated so far regarding issues in exercising the right to defense and the composition process of the disciplinary committee, there is a high possibility that the court will carefully examine these issues before the main lawsuit.

The Administrative Division 12 of the Seoul Administrative Court (Presiding Judge Hong Soon-wook) will hold a hearing at 2 p.m. on the 22nd for the injunction application filed by Prosecutor General Yoon against Minister Chu. On Yoon’s side, three legal representatives including lawyer Lee Wankyu will attend, and on the Ministry of Justice side, two legal representatives including lawyer Lee Ok-hyung will attend.

Yoon’s side focused on supplementing evidence by submitting additional materials to the court up to one day before the hearing. The evidence explanation documents and additional written statements mainly serve to prove the illegality of the disciplinary procedure and the irreparable damage caused by the suspension.

In particular, materials concerning the procedural illegality of the disciplinary committee and the unfairness of the disciplinary reasons, which are mainly included in the main lawsuit, were also submitted. Since the disciplinary committee’s conclusion has already been made, Yoon’s side believes that the administrative court may review issues related to the disciplinary committee’s procedures.

Looking into details, it was stated that there were problems in exercising the right to defense due to excessively restricted access and copying of inspection records and other materials. Previously, lawyer Lee, Yoon’s legal representative, argued that the Ministry of Justice only showed part of the disciplinary records, and most of those shown were already publicly disclosed externally, making it practically difficult to exercise the right to defense.

Clear legal grounds were also submitted regarding the explicit grounds for disqualification and recusal of disciplinary committee members. Regarding the 'procedure,' Minister of Justice Chu Mi-ae, who requested Yoon’s disciplinary action, should have designated a person to represent related affairs after the disciplinary request, but she directly proceeded with the procedure until just before the disciplinary committee’s deliberation, according to this logic.

Problems were also pointed out in the composition of the disciplinary committee. According to lawyer Lee, under the Prosecutor Disciplinary Act, the disciplinary committee should have seven members deliberating, and if some members leave, vacancies should be filled by alternate members. However, the Ministry of Justice did not fill the vacancies with alternates but instead appointed Professor Jeong Han-jung of the Graduate School of Law at Hankuk University of Foreign Studies, who was not previously a disciplinary committee member.

Additionally, it is known that the claim was made that Shin Seong-sik, head of the Anti-Corruption and Strong Crime Division of the Supreme Prosecutors’ Office, participating as a disciplinary committee member violated the Government Official Disciplinary Decree. Since Shin was identified as related to the Channel A case, one of the disciplinary reasons against Prosecutor General Yoon, his participation in the disciplinary committee was deemed inappropriate. Article 15, Paragraph 1 of the Government Official Disciplinary Decree prohibits persons related to the disciplinary reasons from participating in the deliberation and resolution of the case.

The Ministry of Justice is also reportedly preparing to counter Yoon’s claims. Centered on lawyer Lee Ok-hyung, they emphasize the legitimacy of the disciplinary action and the legality of the disciplinary committee’s operation process. Unlike the suspension, this administrative procedure was finalized with the president’s approval, so there is said to be no problem. A Ministry of Justice official also stated, "We are waiting for the court’s judgment," but added, "Unlike previous cases where access to inspection records was not permitted, we allowed copying of many parts and took all possible measures to guarantee the right to defense."

In the legal community, considering the seriousness of the matter, it is expected that the court’s decision will come as early as late this afternoon or at the latest within this week. If the court grants the injunction, Prosecutor General Yoon will immediately return to duty, and if dismissed, he will return to the position on February 16 next year, two months later.

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