Yoon Seok-yeol's 'Prosecutor Disciplinary Act Constitutional Complaint'... Constitutional Court to Deliver Verdict on 24th

[Image source=Yonhap News]

[Asia Economy Reporter Bae Kyunghwan] The Constitutional Court is set to deliver a ruling on the case in which former Prosecutor General Yoon Seok-yeol argued that it is unconstitutional for the Minister of Justice to form the majority of the disciplinary committee members involved in the disciplinary procedure against former Minister of Justice Choo Mi-ae last year.

On the 21st, the Constitutional Court announced that it has scheduled the constitutional review ruling for the 24th regarding the Prosecutors' Disciplinary Act, which allows the Minister of Justice to lead the formation of the disciplinary committee, claiming that it violates the Prosecutor General’s right to hold public office.

Last year, former Minister Choo requested a two-month suspension disciplinary action against former Prosecutor General Yoon. However, Yoon’s side argued, "The Minister of Justice can appoint and commission most of the disciplinary committee members along with the disciplinary request, thus forming the majority of the committee. When the Minister files the disciplinary request, the Prosecutor General becomes the subject of the discipline, and fairness cannot be guaranteed at all."

Article 5, Paragraph 2, Items 2 and 3 of the Prosecutors' Disciplinary Act stipulate that, excluding the Minister and Vice Minister, the remaining five disciplinary committee members are composed of two prosecutors appointed by the Minister and three persons commissioned by the Minister of Justice who are lawyers, law professors, or individuals with knowledge and experience. Former Prosecutor General Yoon filed a constitutional complaint pointing out the bias in the composition of the disciplinary committee.

Meanwhile, the Constitutional Court will also rule on a provisional injunction request filed by Yoon’s side, asking to suspend the effect of the relevant legal provisions until the Court’s judgment is issued.

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