"Ban on Filing Injunction Requests" Jeong Cheong-rae Proposes 'Yoon Seok-yeol Prevention Act'

Jeong Cheong-rae, a member of the Democratic Party of Korea, is questioning Park Baek-beom, Vice Minister of Education, at the Education Committee Petition Review Subcommittee held at the National Assembly in Yeouido, Seoul on the 4th of last month. Photo by Yonhap News

[Asia Economy Reporter Kim Suwan] On the 28th, Jeong Cheong-rae, a member of the Democratic Party of Korea, announced that he would take the lead in proposing a revision to the Administrative Litigation Act, known as the "Yoon Seok-yeol Prevention Act," which restricts the filing of 'injunction suspension applications.'

On the same day, Jeong posted on his Facebook titled "I will propose the Yoon Seok-yeol Prevention Act," stating, "I will take the lead in proposing a revision to the 'Administrative Litigation Act' that prohibits filing injunction suspension applications when such applications harm the substantive lawsuit's practical benefits," and explained, "This bill aims to prevent the acceptance of injunction suspension applications when they harm the substantive lawsuit's practical benefits and may cause disadvantages to the parties involved in administrative actions."

Jeong pointed out, "What use is it to stop the bus after it has passed? However, we must prevent the recurrence of the Yoon Seok-yeol incident."

He continued, "Although the current law already prohibits suspending the effect of a disposition when the purpose can be achieved by suspending the execution of the disposition or the continuation of the procedure, there are cases where injunctions are granted based on the court's arbitrary or convenient judgment," and argued, "This violates the rule of law and the principle of prohibiting preemption of the substantive case."

He added, "Although the Republic of Korea is a country governed by the rule of law and must abide by the principles stated in the Constitution and laws, there are cases where laws are applied exceptionally or abused depending on the situation, leading to public distrust in law enforcement and increasing calls for judicial reform. The principle of prohibiting preemption of the substantive case must apply equally to all citizens," emphasizing, "Standards for injunction suspension applications regarding disciplinary actions and dispositions must be clarified to guarantee the rule of law and enhance public trust in law enforcement."

Meanwhile, earlier, Prosecutor General Yoon Seok-yeol filed an injunction suspension application with the court against the Ministry of Justice's Prosecutor Disciplinary Committee's 'two-month suspension' disciplinary action, and the court accepted it on the 24th. Due to this court decision, Prosecutor General Yoon returned to duty after eight days.

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