'Cancellation of Job Suspension' First Trial... Yoon Seok-yeol's Side Claims "Minister's Abuse of Power"
[Asia Economy Reporter Kim Daehyun] In the first trial of the administrative lawsuit regarding the suspension order that former Prosecutor General Yoon Seok-yeol received from the Ministry of Justice during his tenure, Yoon's side argued that the order was an unjust decision beyond the minister's authority and should be canceled.
At 11 a.m. on the 10th, the Administrative Division 4 of the Seoul Administrative Court (Presiding Judge Han Won-gyo) held the first hearing for the lawsuit filed by former Prosecutor General Yoon against the Minister of Justice, requesting the cancellation of the suspension order.
On this day, Yoon's legal representative stated, "This suspension order is an unjust decision that exceeds the minister's authority and should be canceled," and argued, "Even if the Minister of Justice has the authority to suspend prosecutors, it should be exercised restrictively in the case of the Prosecutor General, unlike ordinary prosecutors." They also pointed out, "There was a dispute over the grounds for disciplinary action itself, and about half were dismissed without further action."
On the other hand, the Ministry of Justice's legal representative countered, "A suspension is a temporary exclusion from duty until disciplinary action is taken, and does not cause any status or legal disadvantage," adding, "Since disciplinary action has already been taken, the lawsuit is unnecessary."
The court plans to observe the first-instance ruling on the administrative lawsuit separately filed by former Prosecutor General Yoon, who requested the cancellation of the "two-month suspension" disciplinary action, and then issue a judgment. The final hearing for the disciplinary action cancellation lawsuit is scheduled for the 16th, and a ruling is expected around next month.
Previously, former Minister of Justice Chu Mi-ae excluded former Prosecutor General Yoon from duty in November last year and held a disciplinary committee in December of the same year, issuing a two-month suspension disciplinary action. The disciplinary reasons cited by the Ministry of Justice at the time were ▲ drafting and distributing documents related to the alleged surveillance of major case trial panels ▲ obstruction of inspection related to the Channel A case ▲ obstruction of investigation related to the Channel A case ▲ damage to political neutrality.
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Yoon's side maintained that these disciplinary reasons were either untrue or not problematic, and thus both the exclusion from duty and disciplinary actions should be canceled. He applied for a suspension of execution (stay of effect) for both the exclusion from duty and disciplinary actions, and the court accepted both within a week, allowing him to return to duty. Yoon resigned from the Prosecutor General position in March this year, about four months before the end of his term, and declared his candidacy for the presidential election in June.
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