Constitutional Court Dismisses Constitutional Complaint on 'Yoon Seok-yeol Prosecutor Disciplinary Act' (Update)

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] Last year, during the unprecedented disciplinary action against the Prosecutor General, the Constitutional Court dismissed the constitutional complaint filed by former Prosecutor General Yoon Seok-yeol. Former Prosecutor Yoon argued that "the current Prosecutor Disciplinary Act, under which the Minister of Justice requests disciplinary action and appoints the majority of the disciplinary committee members, violates the Constitution."

On the 24th, the Constitutional Court dismissed the constitutional complaint claiming that the former Prosecutor Disciplinary Act provisions regarding the composition and nomination of the Disciplinary Committee violated the Prosecutor General's right to hold public office, with a 7 to 1 decision (on the merits). The court stated, "The alleged infringement of fundamental rights by the petitioner only occurs when disciplinary measures such as dismissal, removal, or suspension are imposed," and ruled that the constitutional complaint itself was inadmissible.

Last year, when former Minister Chu requested disciplinary action citing political neutrality and other reasons, former Prosecutor Yoon filed a constitutional complaint arguing that the provisions of the Prosecutor Disciplinary Act regulating the composition of the disciplinary committee violated the Constitution. Former Prosecutor Yoon's side argued that "in disciplinary procedures against the Prosecutor General, the Minister of Justice can both request disciplinary action and appoint or commission the majority of the disciplinary committee members, so fairness cannot be guaranteed at all."

Disciplinary actions against prosecutors are decided by a disciplinary committee chaired by the Minister of Justice. Article 5, Paragraph 2, Items 2 and 3 of the Prosecutor Disciplinary Act stipulate that among the seven members of the disciplinary committee, excluding the Minister and Vice Minister of Justice, the Minister appoints two prosecutors, and three external experts such as lawyers and law professors are commissioned by the Minister. These five members make up the majority of the committee.

At the time, Lee Wankyu, the legal representative of former Prosecutor Yoon, argued, "The relevant legal provisions, as applied to the disciplinary action against the Prosecutor General, infringe upon the right to hold public office guaranteed by Article 25 of the Constitution and the right to equality under Article 11, Paragraph 1." He further explained, "These legal provisions exceed the reasonable scope of legislative formation and seriously undermine the fairness of the disciplinary committee's composition. Since it allows the deprivation of the Prosecutor General's right to hold public office, it surpasses the legislative limits of restricting fundamental rights under Article 37, Paragraph 2 of the Constitution."

However, despite former Prosecutor Yoon's constitutional complaint, the Ministry of Justice's Prosecutor Disciplinary Committee imposed a two-month suspension on him. Nevertheless, the court accepted former Prosecutor Yoon's request for suspension of execution, halting the disciplinary action against him. The lawsuit seeking cancellation of the disciplinary action is currently ongoing in the administrative court.

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