Minister Choo Mi-ae's Side: "The Most Important Thing Is Public Welfare... Clearly Obstructs Ongoing Investigation"

Lee Ok-hyung, the legal representative of the Ministry of Justice, is attending the second hearing on the suspension of the disciplinary action against 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] Regarding the 'suspension of disciplinary execution' case filed by Prosecutor General Yoon Seok-yeol, the side of Minister of Justice Chu Mi-ae stated that "the most important thing is public welfare."

After the second hearing held on the 24th at the Seoul Administrative Court, Administrative Division 12 (Presiding Judge Hong Soon-wook), attorney Lee Ok-hyung, representing Minister Chu, told reporters in response to the question, "What was the main focus of the hearing?" "Ultimately, the most important thing is public welfare. It seems the presiding judge also mentioned public welfare at the end," and added, "The core issue seemed to be how it affects public welfare."

Attorney Lee continued, "The applicant (Prosecutor General Yoon) argued about the rule of law and the independence of the prosecution, while the respondent (Minister Chu) argued that 'it is clear that the ongoing investigations will be hindered, and these are the most important issues,' and made such statements."

He said, "The applicant (Yoon) claimed to the court that if he returns to duty, it is clear that his will would be enforced in the investigations related to the disciplinary reasons."

He added, "Currently, the disciplinary reasons include obstruction of inspection, investigations related to obstruction of inspection, investigations of a certain chief prosecutor, and the court's analysis report has already been referred for investigation. If the applicant (Yoon) returns to duty, it is clear that these investigations will proceed in a way that enforces the applicant's will," and said, "This was the argument made today."

Article 23, Paragraph 2 of the Administrative Litigation Act states, "When a cancellation lawsuit is filed, if it is recognized that there is an urgent need to prevent irreparable damage that may arise from the disposition or its execution or the continuation of the procedure, the court continuing the main case may decide, upon application by a party or ex officio, to suspend all or part of the effect of the disposition or its execution or the continuation of the procedure (hereinafter referred to as 'suspension of execution')." It presents "irreparable damage" and "urgent need to prevent it" as criteria for deciding suspension of execution.

On the other hand, Article 23, Paragraph 3 of the same law states, "Suspension of execution shall not be allowed if it is likely to have a serious impact on public welfare," citing public welfare as a negative requirement for suspension of execution.

The side of Minister Chu argues that if Prosecutor General Yoon, who received disciplinary action for the listed misconduct allegations, immediately returns to duty, it would affect investigations into cases such as the Channel A incident and other cases where the disciplinary committee recognized obstruction of inspection and investigation, thereby harming public welfare.

On the other hand, Prosecutor General Yoon's side argued that the current state, where Yoon's duties as Prosecutor General are suspended due to Minister Chu's excessive disciplinary request, causing setbacks in important investigations such as the Wolsong nuclear power plant investigation, is a state of damage to the rule of law, and that promptly restoring this state is for the sake of public welfare.

Attorney Lee also said regarding procedural issues in the disciplinary committee, "This is about procedural defects, but in my view, it seems to be a matter of legal interpretation," and added, "It was the intention that the court would judge the interpretation of the Prosecutor Disciplinary Act."

Finally, when asked about the prospects of the court's decision today, Attorney Lee said, "I was a judge before, but you never know the outcome until it comes out," and added, "However, since we did our best, we are hopeful about the court's decision."

Meanwhile, the hearing started at 3 p.m. and ended around 4:15 p.m., lasting 1 hour and 15 minutes. The court informed both the applicant, Prosecutor General Yoon, and the respondent, Minister Chu, that it would reach a conclusion within the day, with the result expected as early as late this afternoon or by early tomorrow morning at the latest.

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