'Yoon Seok-yeol Prosecutor General Disciplinary Appeal Lawsuit' Appeal Trial, First Hearing Held in Private Today

by Kim Daehyun

Published 19 Apr.2022 07:16(KST)

Updated 19 Apr.2022 07:20(KST)

Former Minister of Justice Choo Mi-ae (left) and President-elect Yoon Suk-yeol

[Asia Economy Reporter Kim Daehyun] The first appellate trial of the administrative lawsuit filed by President-elect Yoon Seok-yeol, who contested the two-month suspension disciplinary action he received from the Ministry of Justice while serving as Prosecutor General, will be held on the 19th.

The Seoul High Court Administrative Division 1-1 (Presiding Judges Shim Jun-bo, Kim Jong-ho, Lee Seung-han) is scheduled to hold the first preparatory hearing for the appeal lawsuit filed by President-elect Yoon against the Minister of Justice regarding the cancellation of the disciplinary action at 2 p.m. on that day.

During the preparatory hearing, the court will present the issues, confirm whether the parties have any additional or supplementary issues, and then proceed with a process to understand each party’s plan for additional evidence and the time required for each issue. Since attendance is not mandatory in administrative lawsuits, President-elect Yoon is not expected to appear in court.

A court official stated the day before, "The principle of open trial does not apply to the preparatory hearing," and "It concerns procedural technicalities, so only the presiding judge and the representatives will attend, and it will be held privately." Since the preparatory hearing may be continued once or twice, the first oral argument is expected to be scheduled after the end of May.

Previously, former Minister of Justice Chu Mi-ae excluded President-elect Yoon, who was Prosecutor General at the time, from his duties in November 2020, 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 ▲the creation and distribution of documents alleging surveillance of major case trial panels ▲obstruction of inspection and investigation related to the 'Channel A case' ▲damage to the dignity and reputation of prosecutors due to political neutrality violations.

The first trial court dismissed President-elect Yoon’s claim, stating that "the disciplinary procedure by the Ministry of Justice was lawful." The trial court stated, "It cannot be seen as an abuse of discretion entrusted to the disciplinary authority," and that the disciplinary reasons recognized, such as the creation and distribution of surveillance allegation documents and obstruction of inspection and investigation, were sufficient to justify the disciplinary action.

Furthermore, it ruled, "These disciplinary reasons constitute serious misconduct that undermines the legality and fairness of prosecutorial affairs," and "according to the relevant sentencing standards, disciplinary actions of dismissal or higher are also possible." This implied that the two-month suspension disciplinary action was actually lighter than the lower limit of the disciplinary range set by the sentencing standards.

Meanwhile, President-elect Yoon resigned from the Prosecutor General position in March last year, about four months before the end of his term, and declared his candidacy for the presidential election in June of the same year. Running as the People Power Party candidate, he was elected in the presidential election held on March 9.