Court to Decide Today on Suspension of Yoon Seok-yeol Prosecutor General's 'Disciplinary Action'... Second Hearing Ends After 75 Minutes (Comprehensive)

Lee Ok-hyung, the legal representative of the Ministry of Justice, is attending the second hearing on the injunction request against the disciplinary action of Prosecutor General Yoon Seok-yeol at the Seoul Administrative Court in Seocho-gu, Seoul on the 24th. Photo by Kim Hyun-min kimhyun81

[Asia Economy Reporter Choi Seok-jin] The second hearing on the injunction request to suspend the effect of Prosecutor General Yoon Seok-yeol's '2-month suspension' disciplinary action concluded around 4:15 p.m. on the 24th.

The court reportedly expressed its intention to reach a decision within the day.

Second Hearing Ends in 75 Minutes... "Court Seems to Have Already Made Up Its Mind"

The hearing, conducted by the Administrative Division 12 of the Seoul Administrative Court (Presiding Judge Hong Soon-wook), started at 3 p.m. and ended around 4:15 p.m., lasting 1 hour and 15 minutes.

After the hearing, Lee Seok-woong, a lawyer representing the Ministry of Justice, said, "The judge asked both sides about points of curiosity," adding, "It seemed both sides were well prepared." He continued, "The court said it would conclude today and make a decision as soon as possible, even within today."

Likewise, Lee Ok-hyung, another lawyer for the Ministry of Justice, said, "The court said it would deliver the decision today," and added, "I think the court has already made up its mind."

Lee Ok-hyung explained, "The core issue was public welfare," and stated, "The disciplinary reasons include obstruction of inspection, and the 'court analysis document' is currently under investigation. If Prosecutor General Yoon returns to duty, it is clear that the investigation will proceed in a way that enforces Yoon's will."

Yoon's lawyer Lee Wan-gyu said, "There was no significant change from the first hearing, and we presented our arguments more specifically."

During the hearing, Yoon's side reportedly made detailed arguments regarding irreparable harm, urgent necessity, and procedural illegality.

Since parties are not obligated to appear at injunction hearings, neither Prosecutor General Yoon nor Justice Minister Choo Mi-ae appeared in court that day.

If the court grants the injunction, Yoon will be able to immediately return to duty; if the request is dismissed, the 2-month suspension will remain in effect.

Court Likely to Thoroughly Examine 'Disciplinary Reasons and Procedural Defects'

Typically, injunction requests temporarily suspend the effect of administrative actions before the final judgment in the main case, the administrative disposition cancellation lawsuit, and many cases are decided through written examination without a separate hearing.

However, considering the importance of this case, the court has proceeded with an additional hearing following the first hearing, conducting a process akin to a simplified main trial.

At the first hearing held two days prior, Presiding Judge Hong reportedly asked both sides detailed questions about each disciplinary reason against Yoon and the convening and resolution process of the disciplinary committee.

Normally, injunction requests against disciplinary actions focus on whether irreparable harm has occurred due to the suspension, whether there is urgent necessity to prevent such harm, and the impact on public welfare when suspending the effect, while deferring judgment on the legality and appropriateness of the disciplinary action itself to the main cancellation lawsuit.

However, the court's intention to examine disciplinary reasons and procedures reflects the unique nature of this case.

This uniqueness stems from the fact that Prosecutor General Yoon has only seven months left in his term, making it impossible for the final result of the main cancellation lawsuit to be reached before his term expires.

If the court dismisses Yoon's injunction request and he is suspended for two months, even if he later wins the main lawsuit and the suspension is canceled, Yoon will have already completed his term and stepped down, making it impossible to restore the two months he was excluded from office.

Conversely, if the court grants the injunction and suspends the effect of the disciplinary action, but Yoon loses the main cancellation lawsuit later, there is no way to apply the disciplinary effect retroactively to Yoon, who has already completed his term.

Due to this special situation, the court appears to intend to reach a conclusion through a hearing close to the main judgment to minimize the risk of dismissing the injunction only to later cancel the discipline, or granting the injunction only to later dismiss the cancellation lawsuit.

Another Injunction Decision Would Be a Fatal Blow to Minister Choo Mi-ae

If the court decides to suspend the effect of the suspension, Yoon will immediately return to duty and continue performing his role as Prosecutor General while the main cancellation lawsuit proceeds. If the injunction request is dismissed, Yoon will return to office after two months and serve only the remaining five months of his term.

Meanwhile, the ongoing conflict between Minister Choo and Yoon, which has persisted for a year since her appointment, is expected to be finally decided by the court's ruling on this injunction request case.

If the injunction request is dismissed, pressure from the ruling party for Yoon's resignation is expected to intensify. Although Yoon will return to office after two months, it is likely he will face difficulties performing his duties normally as Prosecutor General.

On the other hand, if the injunction is granted, Minister Choo will likely face accountability for the 'excessive inspection and disciplinary actions' against Yoon. President Moon, who approved the discipline, will also bear significant political burdens.

Presiding Judge Hong, who is handling this case, is regarded inside and outside the court as a 'principled neutralist.' Given the political ramifications and intense public interest, attention is focused on what reasoning and outcome Judge Hong will present in this burdensome case.

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