Disciplinary Committee Chair Yoon, Professor Jeong Han-jung... "Regret Court Decision, Lack of Understanding of Legal Ethics"

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] Professor Jeong Hanjoong of the Graduate School of Law at Hankuk University of Foreign Studies, who decided on Prosecutor General Yoon Seok-yeol's '2-month suspension,' expressed regret over the Administrative Court's ruling on Yoon's disciplinary action. Professor Jeong served as the acting chairperson of the Ministry of Justice's Prosecutor Disciplinary Committee.

On the 26th, Professor Jeong refuted the Seoul Administrative Court's bench's criticism of illegality in the recusation decision procedure through social media (SNS).

Earlier, on the 24th, the Administrative 12th Division of the Seoul Administrative Court granted the suspension of the disciplinary action's effect, approving the injunction requested by Yoon's side. The court ruled that since the disciplinary committee's full members included seven people, including the Minister of Justice and absent civilian members, a majority of four members was required for a recusation decision. Therefore, the disciplinary committee's recusation decision made with only three members, which is not a majority of the full members, lacked a quorum and was invalid.

In response, Professor Jeong pointed out, "This bench showed a very poor understanding of legal ethics." Contrary to the court's judgment, he mentioned that the number of attending members during the disciplinary committee's recusation decision should be considered four, not three. The attending members should include the member who received the recusation request, making the number of attending members four, which is a majority of the full members, so there is no problem.

He emphasized, "There is no intention anywhere to consider the person who received the recusation request as not attending, and rather, the distinction between decision and attendance is implied in various places," adding, "The disciplinary procedure is an administrative procedure, and its special regulation is the Prosecutor Disciplinary Act, so it must be interpreted within the Prosecutor Disciplinary Act."

He continued, "The standard of legal ethics is not only to avoid inappropriate behavior but also to avoid actions that could be suspected as such," and added, "This bench inappropriately and uncritically applied and interpreted civil and criminal procedure rules, which apply to the general public, to disciplinary procedures targeting members within an administrative organization."

Meanwhile, Prosecutor General Yoon went to work on Christmas, the day after the court's decision to grant the injunction suspending the disciplinary action, and instructed the Supreme Prosecutors' Office and nationwide prosecutors' offices to respond to the spread of the novel coronavirus infection (COVID-19). After a large-scale group infection occurred at Seoul Eastern Detention Center, he judged the COVID-19 response as the most urgent matter. On the 26th, Yoon also went to work in the afternoon to receive reports on matters that occurred during his absence and on the adjustment of investigative authority.

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