What was the result of the 2nd interrogation on the request for suspension of disciplinary execution, “In fact, the main case lawsuit”?

What was the result of the 2nd interrogation for’In fact, the main case lawsuit’, Yoon Seok-yeol’s request for suspension of disciplinary execution?

Input: 2020-12-23 11:15:29Revision: 2020-12-23 15:58:03Posted: 2020-12-23 15:55:30

The second interrogation of the request for suspension of disciplinary execution by Prosecutor General Yoon Seok-yeol will be held on the afternoon of the 24th. As the court decided on an extraordinary second interrogation as an application for suspension of execution and decided to review the procedural justification of the disciplinary action, this interrogation seems to take the character of a disciplinary cancellation lawsuit.

The Ministry of Justice and President Yoon’s side are expected to face a serious examination, seeing that the second interrogation on the 24th is the final legal decision that will in fact determine the punishment of President Yoon.

Hong Soon-wook, deputy judge of the 12th division of the Seoul Administrative Court, will conduct a second interrogation on the application for suspension of execution from 3 pm on the 24th. Right after the first interrogation was over on the 22nd, Deputy Judge Hong sent a questionnaire to President Yoon and the Ministry of Justice, respectively, requesting that the seven questions be answered during the second interrogation.

Inquiries are: △ Period required for the main lawsuit hearing △ Whether the damages that are difficult to recover include the rule of law or the interests of society in general △ Legality of the composition of the disciplinary committee △ Detailed explanation of the individual reasons for disciplinary action △ Purpose of analysis documents by the Court △ Whether it is possible to initiate inspection without the approval of the Prosecutor General △ Seven things, including the information leaked in the Channel A case.

Among the seven inquiries requested by Vice-President Hong, the five inquiries excluding the period required for the main lawsuit hearing and hard-to-recover damages are all directly related to the reasons for the disciplinary action of President Yoon. The legality of the formation of the disciplinary committee is also a criterion for judgment in general cases.

As such, it seems that the background of Judge Hong’s request for detailed answers to seven issues is due to the judgment that this lawsuit should be viewed in conjunction with the original lawsuit, the disciplinary cancellation suit.

Legal effectiveness is also a matter of consideration. Yun’s term in office is until next July. The dominant analysis is that it is realistically difficult for the results of the first trial sentence of the disciplinary cancellation lawsuit to come out until July next year. Therefore, it is necessary to conclude at the interrogation of the application for suspension of execution, as there is no legal benefit for both sides to argue whether the two-month suspension of suspension will be effective after the term of office of President Yoon is over.

As the request for suspension of execution is expanded to the main lawsuit, President Yoon and the Ministry of Justice are expected to engage in a full battle at the second interrogation on the 24th.

Yoon’s side seems to be proactively asserting this as the court includes the disciplinary committee’s procedural illegality in the content of the inquiry. The legal community judges that procedural defects in lawsuits contesting the effectiveness of administrative dispositions are a key issue leading to a decision to cancel or invalidate disposition.

The Ministry of Justice also accepted the position of President Yoon, and it seems that the disciplinary committee’s deliberation date was delayed twice and that there was no problem with the composition of the disciplinary committee. The legal community expects the results of the second interrogation to come out late on the 24th or on the 25th, considering that there are many issues to review the positions of both sides.