2023-12-19 01:30:00
Former lawmaker Choo Mi-ae (left) and President Yoon Seok-yeol./Chosun Ilbo DB
On the 19th, the appeals court accepted President Yoon Seok-yeol’s request to cancel the disciplinary action filed by President Yoon Seok-yeol, claiming that the ‘2-month suspension of suspension’ he received from former Justice Minister Choo Mi-ae when he was Prosecutor General was unfair.
The first trial ruling that the Ministry of Justice’s disciplinary action was legal was overturned and President Yoon’s appeal was accepted.
On this day, the Seoul High Court’s Administrative Division 1-1 (Presiding Judge Sim Jun-bo) ruled in favor of the plaintiff in the lawsuit requesting cancellation of disciplinary action filed by President Yoon once morest the Attorney General.
The court ruled that “then-Attorney General Choo Mi-ae’s involvement in the disciplinary proceedings ( once morest President Yoon) was illegal under the Prosecutors’ Disciplinary Act,” and that “there was an illegality that violated President Yoon’s right to defense.”
This incident began in December 2020 when former Minister Chu suspended President Yoon, the current Prosecutor General, for the first time in constitutional history, suspending him for two months. The reasons for disciplinary action given by the Ministry of Justice at the time included writing a ‘judge document’ that analyzed the court in major cases, interfering with the inspection and investigation of the Channel A case, and violating the obligation of political neutrality.
There was criticism in the legal community that Minister Chu, who attempted disciplinary action, and President Moon Jae-in, who approved it, were effectively trying to force President Yoon to resign from the position of Prosecutor General.
At the time, immediately following the disciplinary action, President Yoon filed a lawsuit to the Seoul Administrative Court to cancel the disciplinary action and suspend its execution. The court decided to suspend disciplinary action, but the trial ruled that “the disciplinary procedure was legal.” The court, which ruled in favor of the Ministry of Justice, deemed two of the three grounds for disciplinary action, including writing the judge’s document and interfering with Channel A’s inspection and investigation, as valid. President Yoon objected and appealed.
Attorney Son Gyeong-sik, who represented President Yoon, met with reporters following the sentencing that day and said, “It appears that (the plaintiff’s) claims, such as that the disciplinary action once morest former President Yoon Seok-yeol in this case was largely procedurally illegal, have been accepted.”
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