Choo Mi-ae Cornered, Opposition's 'Dismissal' Pressure Expected to Intensify... January Prosecutor Personnel Changes in Focus

Minister of Justice Choo Mi-ae is arriving at the Ministry of Justice building in Gwacheon, Gyeonggi Province, on the 10th, when the disciplinary committee for the Prosecutor General is scheduled to take place. / Gwacheon - Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Choi Seok-jin] Following the court's decision on the 24th to suspend the enforcement of the '2-month suspension' disciplinary action against Prosecutor General Yoon Seok-yeol, Minister of Justice Chu Mi-ae, who filed the disciplinary charges and led the disciplinary committee's resolution, has found herself in a difficult situation.

After the court's suspension of the enforcement order on Minister Chu's suspension of duties, the court has once again put a brake on the disciplinary action against Prosecutor General Yoon. This is expected to trigger a strong backlash regarding whether Minister Chu's investigation directives and inspection orders on various issues, including the 'court analysis document' that she cited as grounds for disciplining Yoon, were appropriate.

In particular, since the court's ruling involved a review of the specific disciplinary reasons to be addressed in the main lawsuit for cancellation of the disciplinary action, unlike typical suspension cases, it will be difficult for Minister Chu to avoid criticism that she pushed the disciplinary action against Prosecutor General Yoon excessively. Opposition parties are likely to increase calls not for Minister Chu to resign but for President Moon Jae-in to hold her accountable and 'dismiss' her.

Virtually a Complete Defeat... Court Provides Detailed Judgments on Each Disciplinary Reason

From 3:00 PM to 4:15 PM, the Seoul Administrative Court's 12th Administrative Division (Presiding Judge Hong Soon-wook) held a second hearing for 1 hour and 15 minutes and issued a suspension of enforcement decision on the '2-month suspension' disciplinary action against Prosecutor General Yoon that evening.

The court stated in its order, "The 2-month suspension imposed by the President on the applicant (Prosecutor General Yoon) on December 16, 2020, shall have its effect suspended until 30 days from the date of the judgment in case number 2020GuHap88541, the lawsuit for cancellation of the disciplinary action."

Yoon's side requested the suspension of the disciplinary action's effect until the main cancellation lawsuit is finalized, but since the court suspended the effect only until 30 days from the first-instance judgment date, it is formally a 'partial acceptance.' However, considering that Yoon's remaining term is only 7 months, this can be seen as virtually a complete victory.

In particular, the court provided relatively detailed judgments on the individual reasons for misconduct cited by Minister Chu when filing the disciplinary charges against Prosecutor General Yoon.

First, the court pointed out the risk of misuse of the 'court analysis document,' which Minister Chu claimed as the 'judge surveillance document' during the disciplinary charge briefing, calling it highly inappropriate. However, the court found insufficient grounds to accept Minister Chu's claim that the document was created "to form a negative public opinion against the court, attacking, defaming, or mocking the court to make it a joke."

Regarding Prosecutor General Yoon's remarks at the National Assembly audit in October, the court stated, "It is difficult to conclude that the statement 'service for our society and people' constitutes inappropriate conduct concerning political neutrality."

Furthermore, the court pointed out, "Reasons cited by the disciplinary committee to recognize this misconduct, such as 'raising doubts about political neutrality' and 'the mere discussion of the applicant's potential political activities cannot exclude the possibility of political use of major case investigations,' are mere speculation and are not appropriate grounds to recognize misconduct."

However, the court noted that the obstruction of investigation related to the Channel A case was not proven, and although obstruction of inspection was somewhat proven, it was difficult to make an accurate judgment based solely on the submitted evidence.

Focus on Minister Chu Mi-ae's Position... January Prosecutor Personnel Changes Also a Variable

Following the court's suspension of enforcement decision, Prosecutor General Yoon immediately returned to duty and can now perform his duties as Prosecutor General while proceeding with the main lawsuit for cancellation of the suspension disciplinary action.

Considering the time it takes for the first-instance judgment, it is highly likely that he will serve out the remaining 7 months of his term.

On the other hand, Minister Chu expressed her intention to resign on the 16th when she requested the 2-month suspension disciplinary action against Prosecutor General Yoon to President Moon Jae-in.

At that time, President Moon praised Minister Chu, saying, "Without Minister Chu's drive and determination, reforms of power institutions including the Corruption Investigation Office for High-ranking Officials and investigative authority reforms would have been impossible," and "I especially thank her for faithfully fulfilling the mission entrusted by the era."

Regarding Minister Chu's expression of intent to resign, President Moon also said, "I highly appreciate her expression of intent and decision on her position," and "I hope she fulfills her duties until the end."

However, with the disciplinary and inspection actions against Prosecutor General Yoon pushed by Minister Chu effectively nullified by the judiciary's ruling, it is true that both Minister Chu and President Moon, who approved the disciplinary action, have found their positions weakened.

Nonetheless, since the Corruption Investigation Office Chief Candidate Recommendation Committee is scheduled for the 28th to recommend the first Chief of the Corruption Investigation Office for High-ranking Officials, and with senior prosecutor personnel changes planned for January next year, the possibility of President Moon immediately replacing Minister Chu is low.

Amid expectations that criticism of Minister Chu will intensify, especially from opposition parties, attention is focused on whether Minister Chu will once again engage in factionalism by demoting prosecutors who opposed the disciplinary charge process against Prosecutor General Yoon through the prosecutor personnel changes scheduled for early next year and effectively dismantling the investigation team conducting investigations into the 'Wolseong Nuclear Power Plant' case and other cases targeting the administration.

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